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Legislature 2004

Democrats questioning holiday hiatus' legality

By LUCY MORGAN
Published April 15, 2004

TALLAHASSEE - House Democrats on Wednesday called on Gov. Jeb Bush to ask the Florida Supreme Court to determine whether lawmakers mistakenly adjourned April 2.

If they did, Bush should call a special session to complete work on the state budget and other important issues before the scheduled end of the session April 30, the Democrats said.

"My greatest fear is that if we choose to ignore the warnings raised by constitutional and legislative experts, we simply open the Legislature up to unnecessary legal challenges on every issue placed before us," said House Minority Leader Doug Wiles, D-St. Augustine. "Just imagine the mess that would occur if we were forced back here in late June because the state budget was declared null and void."

Constitutional experts say any bill lawmakers pass now would be subject to a court challenge.

But Bush does not intend to intervene. Spokeswoman Alia Faraj suggested Democrats "are trying to undermine the process."

Sen. Walter "Skip" Campbell, D-Fort Lauderdale, asked President Jim King to seek a court opinion. "Everything we do from now until the end of session can be called into question," Campbell said.

Campbell said the House mistakenly adjourned for more than 72 hours instead of recessing like the Senate, he said.

The constitutional debate began late last week when former House dean Carl Ogden questioned the legality of the 10-day hiatus lawmakers declared for the Passover and Easter holidays.

House and Senate leaders say they think the recess was legal and do not need to take action.

House Speaker Johnnie Byrd was unavailable, but Procedures Committee chairman Allan Bense said lawyers are studying the situation. Bense said the House may pass a retroactive resolution, since the Constitution does not say it has to be done in advance.

[Last modified April 15, 2004, 01:35:46]


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