FL Rep. wants lawmakers to have final say, not Supreme Court

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Florida State Representative Julio Gonzalez wants to shake up the three branches of government in the state of Florida.

"If the [Florida] Supreme Court acts outside of its bounds and it starts overstepping itself, who checks the Supreme Court? And the answer is nobody," said Rep Gonzalez.

Gonzalez is proposing a constitutional amendment for the state that would allow the legislature to override a Supreme Court decision by a 2/3 vote, essentially handing state lawmakers the ultimate power.

"I don't think that it was the intent of our framers to give pretty much any person on government, or small group of government, the final authority on anything," said Rep Gonzalez.

Tampa attorney Anthony Rickman says allowing the legislature to overturn a state Supreme Court decisions is a dangerous idea.

Instead of a system of checks and balances, Rickman says the legislature would be the ultimate check.

"If we don't like what you've done as a court, we're going to overrule you and the governor cant do anything about it, because he doesn't even have veto power," said Rickman.

But Gonzalez sees it another way. He says the Florida Supreme Court has overstepped its authority, and too many judges are legislating from the bench. Gonzalez says it's time to give the power back to the people.

"So if the court is just as partisan or unpartisan as anybody else, then they should have a check as well," said Rep Gonzalez.

Chief Justice Jorge Labarga speaking at a press conference Monday said the relationship between the judiciary and the other branches has not always been smooth, so this is nothing new. He recently appointed three members to a judicial panel that comes together every 20 years to propose changes to Florida's Constitution.

On his wish list for the panel, "the preservation of an independent judiciary to render decisions. That's my big thing," said Justice Labarga.

As for Representative Gonzalez, he believes if the state House and Senate pass his bill, it could on ballots by 2018.