Florida Bar will oppose legislative ‘override’ proposals

The Florida Bar‘s governing board has decided to oppose legislation that would allow state lawmakers to override court decisions they don’t like.

The Board of Governors adopted the stance at its Jan. 20 meeting, according to the Bar News on Tuesday. It also disapproved a companion measure aimed at federal judges who interpret state laws.

State Rep. Julio Gonzalez, a Venice Republican, filed the two pieces of legislation (HJR 121, HM 125) in December.

Neither has had a hearing in the committee weeks that serve as a run-up to the 2017 Legislative Session that opens March 7.

One would create a constitutional amendment to be approved by voters that allows the Legislature to review judicial rulings that declare legislative acts void.

That means that if “the Supreme Court, (any) district court of appeal, circuit court, or county court” overturns a law, the Legislature could salvage it with a two-thirds vote within five years of the ruling.

The second measure urges Congress to propose a constitutional amendment to “deem a law that has been declared void by certain federal courts active and operational.” Such measures, if passed, are non-binding.

The proposal says the judicial branch has taken “an increasingly activist role aimed at molding legislation according to the political beliefs of its members.”

House Speaker Richard Corcoran has made an overhaul of the judicial branch, including appellate-court term limits, a top priority during the next two years.