Legislature to Overrule Florida Supreme Court

A constitutional amendment that would take court procedural rulemaking authority away from the Supreme Court and give it to the Legislature has been introduced in a House subcommittee that has been studying the issue.

Currently, Art. V, Sec. 2, provides that the Supreme Court has the authority to adopt practice and procedure rules for the court, and the Legislature may repeal any rule by a two-thirds vote of both chambers. It also includes some technical language about the court and the district courts of appeal submitting questions on military law for an advisory opinion to a special military appellate court.

The amendment repeals all of that, and instead specifies: “No court shall have the power, express or implied, to adopt rules for practice and procedure in any court. Court rules of practice and procedure may be recommended by the Supreme Court to be adopted, amended or rejected by the legislature in a manner prescribed by general law. If there is a conflict between general law and a court rule, the general law supersedes the court rule.

Make no mistake, this change is intended to neuter the Supreme Court. The state Legislature of Florida intends to make the Supreme Court of the State a useless appendage. When any branch of government seeks to overrule the others, watch out.