A constitutional amendment that would rework how justices are chosen to serve on the Florida Supreme Court came closer to being placed on the 2012 ballot Monday. The Florida Senate approved the measure, but not before changing the reform package significantly.
Gone are provisions that would have increased the size of the state Supreme Court from seven justices to 10 and guaranteed 2.25 percent of general revenue dollars go to fund the courts.
The bifurcation of the state's highest court was seen by many senators as an overreach by the Legislature that threatened the delicate checks and balances of the branches of government designed by the state Constitution, but the mandatory funding of the courts was seen as an acceptable part of the plan. Dropping both provisions was a way of getting the constitutional amendment through the Senate in order to appease House Speaker Dean Cannon, R-Winter Park, who listed the court reform as one of his top priorities and even held up budget negotiations until it was taken up in a Senate committee.
"We know this was a bill that was important to the leadership of the other house," Sen. Paula Dockery, R-Lakeland, said. She said the split up of the Supreme Court "was something that was exceeding what we felt was comfortable with our role in the Legislature," and called the amendment a "compromise."
Sen. Ellyn Bogdanoff, R-Fort Lauderdale, who sponsored the bill, said Cannon had accepted the changes. It will now head back to the House before heading to Gov. Rick Scott's desk.
The measure drew a strict party-line vote of 28-11. Democrats objected to the reform measures even with the amendment keeping the Supreme Court intact.
"Because of my belief in the co-equal branches of government I can't support it," said Sen. Arthenia Joyner, D-Tampa.
If signed by Gov. Scott and passed by 60 percent of voters, the Senate would also be able to confirm justices nominated by the governor, and members of the House would be able to review complaints of the Judicial Qualifications Commission and move forward with impeachment proceedings. Under current law, the Judicial Nominating Commission selects a group of candidates from which the governor chooses an appointee, and JQC complaints are handled in-house.
Republicans touted the court reform package as a way to make the courts more efficient and noted that some of the changes mirror the federal Constitution, where the president nominates members of the U.S. Supreme Court that are confirmed by the U.S. Senate.
"If this is a slippery slope, it's a slippery slope toward James Madison," said Sen. Don Gaetz, R-Niceville.
Ultimately, any real changes made to the courts will be decided by the electorate.
"All we're doing here is asking the people if they want the change," Bogdanoff said.
