The fallout over the collapse of this year's session of the Florida Legislature continued Thursday as a group of Democrats went to court to try to force the House to return to the state Capitol.
The legal tactic came the same day that Senate President Andy Gardiner floated the idea of holding a special session in June to craft a new state budget. State government may have to shut down if the House and Senate cannot agree to a new budget by June 30.
The House abruptly adjourned earlier this week after leaders contended there was no reason to remain in session as long as they continue to have a stalemate with Senate leaders over the budget and health care.
The session was scheduled to end today. Senate Democrats maintained that the House violated the state constitution by leaving three and a half days early. The constitution reads that neither chamber can adjourn for more than 72 hours without an agreement between the House and Senate.
Senate Democratic Leader Arthenia Joyner called the departure of House members "unacceptable." She said Democrats filed the emergency petition with the state Supreme Court to make sure that similar actions are not taken in the future.
"We didn't want this to be a precedent, `Well, the hell with it, we'll pick up our marbles and go home,'" said Joyner, a Democrat from Tampa.
Thirteen of the 14 Senate Democrats signed the petition. Joyner said she asked each senator individually if they wanted to join the lawsuit. She said she could not reach Democratic Sen. Gwen Margolis.
The state Supreme Court late Thursday ordered the House to respond to the lawsuit, meaning the high court could rule before the scheduled end of the session. The Florida Senate is not scheduled to work on the final day, but senators could return if asked by Gardiner.
House Speaker Steve Crisafulli released a statement Thursday night saying that he disagrees with the arguments in the lawsuit and has no plans to reconvene. His office will file its response with the court Friday, he said.
While legal questions surround the end of the regular session, Gardiner has asked Crisafulli to hold a special session that would start June 1 and end June 20. Gardiner said in a letter that waiting until June would give Florida time to hear from federal officials about aid for the state's hospitals.
An existing program that sends more than $1 billion in federal aid to hospitals is to set to expire this summer although the state has asked for approval of an alternative program. Hospitals are predicting severe cutbacks if the money is lost.
"The ability to keep our doors open with unlimited access to everybody ... depends on the continuation of this," said David Lubarsky, chief medical officer of University of Miami Health System, at a hearing held in Miami by state health officials.
The feds want Florida to expand Medicaid insurance to more than 800,000 low-income Floridians as part of the agreement to extend the hospital funds, which is part of the health care overhaul that President Barack Obama signed into law in 2010. But Florida Gov. Rick Scott and House Republicans are adamantly opposed to expanding Medicaid.
A spokeswoman for Gardiner said the Senate is not dropping its support for Medicaid expansion. Gardiner also proposed drawing up a budget that assumes that the hospital program - known as the "low-income pool" - would not be renewed by the federal government.
Crisafulli, in a statement, called Gardiner's suggestion "progress" and said he would respond soon to the Senate.