Bill would strip court of rulemaking ability.

A House bill proposing a constitutional amendment that would give the Florida Legislature total control over procedural rules for state courts was tabled February 17.

PCB 1 was introduced and explained in the House Public Safety and Criminal Justice Committee by Chair Rep. Gustavo Barreiro, R-Miami.

The amendment, as originally drafted, would totally rewrite Section 2 of Article V of the Florida Constitution.

It would delete all of the current language that gives the Supreme Court authority to adopt procedural rules for the court, with the legislature granted the authority to overturn a rule with a two-thirds vote of each chamber.

Instead, the amendment would create a judicial conference, with the makeup to be determined by the legislature, and the conference electing its chair and determining its operating rules. The conference would propose "[r]ules of practice and procedure" and send them to the legislature, which could amend, adopt or reject the rules by general law. Unlike the federal system, only those rules adopted by the legislature would become procedural rules, and if the lawmakers failed to act on a proposed rule by the next general election, the rule would be deemed to be rejected.

Finally, the proposed amendment provides that "rules proposed by the judicial conference shall not be inconsistent with general law, and shall not abridge, enlarge or modify any substantive right," and that "rules of practice and procedure may be repealed or amended by general law."

Earlier in the day, the Bar's Executive Committee voted to oppose the bill and any legislation that would change the way the Supreme Court approves procedural rules. (See notice on page 2.)

The House committee approved one amendment, better defining the duties of the judicial conference.

Barreiro, in his explanation, barely mentioned procedural issues and instead cast the measure as one that would restore balance between the judicial and legislative branches. He said the courts have gone too far in encroaching on legislative prerogatives, especially after lawmakers go to great pains to pass a bill.

"What this PCB will do is send a message to the [Supreme] Court that says if you are going to change a statute, the legislature will have to have final approval on it," Barreiro said. "The legislature will have to analyze what our intent is and we will give them what our intent is....

"I think it really will allow the legislature to play their role and the courts to play their...