Senate Democrats go tp Florida Supreme Court to force House back in session
04/30/2015
Florida Democratic Senators are asking the Florida Supreme Court to force House Speaker Steve Crisafulli to finish the 60-day legislative session. Here is what was filed with the court
IN THE SUPREME COURT OF FLORIDA
Case No. SC 15- _________
ARTHENIA JOYNER, OSCAR BRAYNON, JOSEPH ABRUZZO, MARIA SACHS, DARREN SOTO, CHRISTOPHER SMITH, GERALDINE THOMPSON, JEFF CLEMENS, DWIGHT BULLARD, ELEANOR SOBEL, BILL MONTFORD, AUDREY GIBSON, and JEREMY RING in their capacity as a members of the Florida Senate,
Petitioners,
vs.
THE FLORIDA HOUSE OF REPRESTATIVES and STEVE CRISAFULLI, in his capacity as the Speaker of the Florida House of Representatives,
Respondents.
EMERGENCY PETITION INVOKING JURISDICTION OF THE SUPREME COURT FOR A WRIT OF MANDAMUS TO REQUIRE COMPLIANCE WITH THE REQUIREMENTS OF ARTICLE III, SECTION 3(e), FLORIDA CONSTITUTION
MESSER CAPARELLO, P.A. MARK HERRON Florida Bar No.: 0199737 ROBERT J. TELFER, III Florida Bar No.: 128694 J. BRENNAN DONNELLY Florida Bar No.: 268895 P.O. Box 15579 Tallahassee, Florida 32317 Telephone: (850) 222-0720 Facsimile: (850) 224-4359 Attorneys for Petitioners
Pursuant to Rule 9.100, Florida Rules of Appellate Procedure, Petitioners, Arthenia Joyner, Oscar Braynon, Joseph Abruzzo, Maria Sachs, Darren Soto, Christopher Smith, Geraldine Thompson, Jeff Clemens, Dwight Bullard, Eleanor Sobel, Bill Montford, Audrey Gibson, and Jeremy Ring, respectfully petition this Court for a writ of mandamus compelling the Florida House of Representatives to comply with the requirements of Article III, Section 3(e) of the Florida Constitution, which provides that “[n]either house shall adjourn for more than seventy-two consecutive hours except pursuant to concurrent resolution.”
I. BASIS FOR INVOKING JURISDICTION
This Court has jurisdiction to issue a writ of mandamus under Article V, Section 3(b)(8) of the Florida Constitution and Rule 9.030(b)(3) of the Florida Rules of Appellate Procedure. Mandamus is the proper legal remedy to compel a state officer or a state agency to perform a legal duty required by the Florida Constitution. Dade County Classroom Teachers Ass’n. V. Legislature, 269 So. 2d 684 (Fla. 1972). The jurisdiction of this Court is invoked on an emergency basis due to the fact that the action of the House of Representatives was taken in the final days of the 2015 legislative session and relief is required prior to the conclusion of the session in order for the Legislature to complete its duties and responsibilities under the Florida Constitution.
II. STATEMENT OF THE FACTS
Article III, Section 3(e) of the Florida Constitution, provides that “[n]either house shall adjourn for more than seventy-two consecutive hours except pursuant to concurrent resolution.” On April 28, 2015, at approximately 1:15 p.m., the Florida House of Representatives adjourned sine die. See Appendix Tab 1 (Journal of the House of Representatives, April 28, 2015 at p. 951). Because the 2015 legislative session was scheduled to continue until midnight on May 1, 2015, this action of the House of Representatives constituted an adjournment in excess of seventy-two hours. The House of Representatives took this action unilaterally; it did not adjourn pursuant to a concurrent resolution. Steve Crisafulli, as the Speaker of the House of Representatives, is the presiding officer of the Florida House of Representatives.
To date, the House of Representatives has refused to recognize that it has acted in a manner contrary to the requirements of the Florida Constitution.
III. NATURE OF RELIEF SOUGHT
The nature of the relief sought by this petition is a writ of mandamus which finds that the action of the Florida House of Representatives in unilaterally adjourning sine die on April 28, 2014, violated the requirements of Article III, Section 3(e) of the Florida Constitution, and which compels the House of Representatives to reconvene and continue the 2015 regular legislative session until midnight on May 1, 2015, or any extension thereof which might be agreed to.
IV. ARGUMENT
Petitioners, as members of the Florida Senate, have taken an oath to faithfully perform their duties as members of the Florida Legislature, and the actions of the Florida House of Representatives, in violation of Article III, Section 3(e) of the Florida Constitution, to unilaterally adjourn sine die, preclude them from doing so.
Because the House of Representatives has failed to comply with the mandatory requirements of Article III, Section 3(e) when it adjourned for more than seventy-hours without the concurrence of the Florida Senate, the Legislature – composed of the Florida Senate and the Florida House of Representatives continues to “functus officio as to its lawmaking power” under Article III, Florida Constitution, and thus possesses the power to reassemble as a Legislature. State ex rel Cunnigham v. Davis, 123 Fla. 41, 166 So. 289 (1936).
V. CONCLUSION
Because the Florida House of Representatives unilaterally adjourned for more than seventy-two hours contrary to the mandatory requirements Article III, Section 3(e) of the Florida Constitution, this Court should issue a writ of mandamus declaring that the action of the Florida House of Representatives in unilaterally adjourning sine die on April 28, 2014 violated the requirements of Article III, Section 3(e) of the Florida Constitution, and compelling the House of Representatives to reconvene and continue the 2015 regular legislative secession until midnight on May 1, 2015, or any extension thereof which might be agreed to.
Respectfully submitted on this 30th day of April, 2015 by: _____/s/ Mark Herron______ MESSER CAPARELLO, P.A. MARK HERRON Florida Bar No.: 0199737 ROBERT J. TELFER, III Florida Bar No.: 128694 J. BRENNAN DONNELLY Florida Bar No.: 268895 P.O. Box 15579 Tallahassee, Florida 32317 Telephone: (850) 222-0720 Facsimile: (850) 224-4359 Attorneys for Petitioners
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