Update: Early House departure unconstitutional

5 p.m. update

The 2015 legislative session ended Friday not with a customary party — or a balanced budget — but with a ruling by the Florida Supreme Court that the Republican-led House of Representatives violated the constitution when it abruptly closed up shop Tuesday.

Senate Democrats filed an emergency petition with the high court on Thursday asking that it find the House move unconstitutional and order members to reconvene the session Friday until its official end at midnight.

Justices ruled unanimously against the request, saying that ordering the House to come back into session would be "fruitless." But in a 5-2 opinion led by Justice Barbara J. Pariente, the court found that the House's "unilateral adjournment clearly violated the constitution."

"Under the provisions of the constitution, neither house is permitted unilaterally to adjourn for a period of more than 72 consecutive hours," Pariente wrote. "An adjournment of more than 72 consecutive hours can be accomplished only by concurrent resolution or by action of the governor."

House Speaker Steve Crisafulli responded by saying he was pleased the court denied the Democrats' request and acknowledging the 5-2 ruling that the early sine die was unconstitutional.

In an email to House members, he said his decision to adjourn sine die was one of the "most difficult choices" he's had to make as a legislator.

"The level of acrimony and unprecedented demand that we pass a policy bill before providing budget allocations are what ultimately led me to finish our policy work and go home," he said. "I believed taking a few weeks off was the best way to get us in a position to pass a budget."

Crisafulli, R-Merritt Island, went on to say that he hopes the Legislature can return "with a new level of civility on both sides."

"We will make up for these three days, and then some," he wrote. "Thank you for your patience during this unprecedented session. I believe better days are ahead."

Senate President Andy Gardiner, R-Orlando, said in a news release he appreciated Joyner and the efforts of her caucus "to seek a swift answer to this important constitutional question."

"The Senate was ready and prepared to continue working to complete the business of the state regardless of the outcome of today's ruling," he said. "Cooperation and collaboration between the chambers should not require a court order. My colleagues and I look forward to returning to Tallahassee in short order to complete the work we were elected to do."

The House and Senate have been warring not only over the Senate's proposal to extend Medicaid to more low-income Floridians and continue funding of safety-net hospitals but also over the House's abrupt departure more than three days before the regular session's end.

The Democrats argued in court documents that the constitution forbids one chamber from unilaterally adjourning for more than 72 hours without sign-off from the other. But the House countered by saying the 72-hour rule applies only to breaks during the 60-day session, not to the end of legislative business.

In a news conference Thursday afternoon, Senate Democrats said the issue was about more than whether the House should be forced to reconvene.

"It's whether or not we are co-equal chambers and whether one chamber can merely at their own discretion terminate at any time," said Sen. Darren Soto, D-Orlando.

They also blasted Gov. Rick Scott for his handling of the stalemate between the chambers. Senate Democratic Leader Arthenia Joyner, D-Tampa, said Scott should have stepped in earlier to resolve it.

"He should have called in the speaker of the House and the president of the Senate and got them to the table ... to get the job done," she said. "But he didn't. This is one party that controls the executive branch and the legislative branch, and the leader of the executive branch failed to lead."

The Governor's Office responded to Joyner's comments by referring to a news release issued Thursday. In the release, Scott said "we must immediately turn our focus to how we can work together" to craft a state budget before the end of the fiscal year June 30.

The House adjournment effectively derailed the last few days of the session, killing legislation involving everything from a prison overhaul to guns in schools to fracking and water.

Gardiner has proposed holding a special session June 1-20 to resolve the health-care issues and the $4-billion difference in the two chambers' budgets.

4:20 p.m. update

The Florida Supreme Court has denied a request by Senate Democrats to force the Republican-led House to reconvene the legislative session.

However, justices ruled 5-2 that the early adjournment sine die by the House was, in fact, unconstitutional.

The high court found that the Democratic senators failed to show that their request "would produce any beneficial result." Justices said it was a "well-established fundamental principle" that a writ of mandamus should not be issued if its effects would be "fruitless."

After the decision, House Speaker Steve Crisafulli, R-Merritt Island, emailed House members informing them of the court ruling.

"The Supreme Court issued a ruling just now that denied the motion by the Florida Senate Democrats to force the Florida House of Representatives to return to Tallahassee after our sine die adjournment," he said. "Accordingly, you will not need to return to Tallahassee until the special session for the budget is called."

3:50 p.m. update

The Florida Supreme Court has denied a request by Senate Democrats to force the Republican-led House to reconvene the legislative session.

The high court found that the Democratic senators failed to show that their request "would produce any beneficial result." Justices said it was a "well-established fundamental principle" that a writ of mandamus should not be issued if its effects would be "fruitless."

Check back with Tallahassee.com for more.

2 p.m. update

A decision by the Florida Supreme Court on whether the House violated the state constitution when it adjourned sine die three days early could be hours or days away, Senate Democrats said in an afternoon news conference.

Democrats in the upper chamber asserted in filings with the high court Thursday that the Republican-led House should be ordered back to the Capitol because it violated constitutional provisions barring such a unilateral move.

The House shut down Tuesday in a showdown with the Senate over its proposal to extend Medicaid coverage to more low-income Floridians and funding for hospitals treating the uninsured.

"This is more than just whether the House reconvenes tonight or not," said Sen. Darren Soto, D-Orlando. "It's whether or not we are co-equal chambers and whether one chamber can merely at their own discretion terminate at any time."

The Senate Democrats say House members violated the constitution when they left for more than 72 hours. The House contends the 72-hour rule applies only to breaks during a 60-day session, not at the end of one.

Morning update:

The House said in filings with the Florida Supreme Court it didn't violate the constitution when it adjourned sine die early and doesn't have to reconvene today, the 60th and final day of the legislative session.

Florida Democrats on Thursday asked the high court to find unconstitutional the House's early departure and order House members to return to business.

On Tuesday, the House of Representatives abruptly adjourned sine die as part of an ongoing budget stalemate with the Senate over a proposed health-care expansion and funding for safety-net hospitals.

Democrats in the Senate said the House violated the Florida constitution when they unilaterally adjourned for more than 72 hours. The House contended the 72-hour rule only applies to breaks during a 60-day session, not at the end of one.

In its filing today, the House said the request should be denied because the House "acted in a manner consistent with the plain text of the Florida Constitution and the unbroken historical practice of both the House and Senate for at least the past 40 years."

The House said in legal documents that adjournment and adjournment sine die are two different things: the former refers to a continuation of a legislative session from one day to the next, while the latter results in the dissolution of the legislative body.

"The constitutional prohibition against either house adjourning for more than 72 consecutive hours except pursuant to concurrent resolution simply does not apply to adjournment sine die," House lawyers said.

Even if the Supreme Court were to order the House to return — which would be an extraordinary move — the chamber could adjourn sine die because the 72-hour rule, under either interpretation, would no longer apply.

House Speaker Steve Crisafulli, R-Merritt Island, emailed House members Thursday to say he had no plans to call them back to the Capitol. Senate President Andy Gardiner, R-Orlando, wrote Crisafulli proposing a special session be held June 1-20 to resolve the health-care issues and the $4-billion difference in the two chambers' budgets.

In their response this afternoon to the House's court filing, Senate Democrats argued the court has the authority to intervene and enforce the state Constitution.