A Florida Legislature Conference Committee showdown appears likely over how much money will be cut from Orlando’s State Attorney Aramis Ayala‘s office now that the Florida Senate passed a budget package Wednesday that includes a much smaller cut than is being proposed in the Florida House.
Engineered by state Sen. Randolph Bracy, an Oakland Democrat, and Senate Appropriations Committee Chair Jack Latvala, a compromise was inserted into the budget package that would cut $622,000 from the Office of the State Attorney for Florida’s 9th Judicial Circuit, but restore another $569,000 that the Senate initially proposed cutting.
The House of Representatives is still looking at a full $1.3 million cut to Ayala’s office. Under an arrangement put together by Republican state Rep. Scott Plakon, all the money would go to the Judicial Administration Commission, to be redistributed to other state attorneys who get 9th JC cases.
Ayala is under fire from many Tallahassee politicians, mostly Republicans, for her stance to not prosecute death penalty sentences in CD 9. As a result, Gov. Rick Scott has reassigned 23 first-degree murder cases to the neighboring 5th Judicial Circuit. On Tuesday Ayala challenged those reassignments in the Florida Supreme Court and in U.S. District Court.
The $622,000 cut from her office in the Senate budget package would go to 5th Judicial Circuit State Attorney Brad King, to whom Scott reassigned the 23 cases.
Bracy is one of the few lawmakers to openly back Ayala. After both the cuts appeared in committees, he pushed to get money restored for her office. Earlier this week he worked out the 45 percent/55 percent split of the original $1.3 million cut with Latvala, the Republican from Clearwater.
Bracy said the money had been allocated last year for human trafficking and domestic violence prosecution programs, and the human trafficking problem is rapidly increasing in the CJ 9 and a top concern for the House Judiciary Committee. Those also were top priorities for Ayala during her election campaign last year.
“I felt for that reason alone she needed the money,” Bracy said.
Last week Bracy authored an op-ed column in the New York Times in which he conceded he does not necessarily agree with Ayala’s stance on the death penalty, but strongly supports her right to take that stance.
“Although Ms. Ayala’s critics have denounced her actions as dereliction of duty, they cannot point to a single law or statute that she has violated. That’s because she hasn’t,” Bracy wrote in the column. “There are no federal or state laws that say prosecutors must seek death sentences. And the United States Supreme Court has banned all state laws that make executions mandatory for murders.”
On Tuesday Plakon, a strong critic of Ayala’s stance on the death penalty, defended the $1.3 million figure, saying that capital punishment cases are very expensive so the money should follow the cases, that it’s approximately how much extra money the JC 9 office got last year, and that Ayala still has not filled many vacancies in her office, so she’s not spending what she has.