TALLAHASSEE—The Florida Supreme Court on Monday sent to a lower court a Democrat-led lawsuit against Gov. Ron DeSantis over lawmakers' access to Alligator Alcatraz.
And though the reason for the transfer wasn't immediately clear, petitioner and state Rep. Anna Eskamani is set on suing to gain unfettered access to the new Everglades migrant detention center—even if the battle isn't in the state's highest court.
"We look forward to fighting in any court," she told The Floridian via text message.
In a two-page order, Florida Supreme Court justices determined that the petition filed by five Democratic lawmakers will be deferred to the Circuit Court of the Second Judicial Circuit in Leon County.
This is not a statement on the petition's merits, they said.
Eskamani and four other state lawmakers had been denied access to Alligator Alcatraz—the nation's newest migrant detention center—two days after the facility was publicly championed by DeSantis and President Donald Trump. They were told "safety concerns" prevented the lawmakers from gaining entry.
So on Thursday, Eskamani along with Sen. Shevrin Jones, Sen. Carlos Guillermo Smith, Rep. Michele Rayner, and Rep. Angie Nixon asked the state Supreme Court to issue a writ of quo warranto to DeSantis, demanding he let lawmakers make unannounced visits.
The lawsuit came despite state officials granting them, along with about 20 other lawmakers, a pre-scheduled tour over the weekend. But the petitioners claimed the visit was "sterilized" and neglected to address a state statute empowering lawmakers to inspect any state correctional institute "at their pleasure."
Two sources familiar with the case, both of whom were granted anonymity, speculated that the Supreme Court's transferral could mean a few things.
One: they need to engage in some "fact-finding" at the trial court level before making it up to the highest court. This could include determining whether Alligator Alcatraz, located in the middle of the Everglades, is a state-run or federally run center.
"It's not uncommon for the court to transfer original jurisdiction cases to a trial court that also has jurisdiction," one person familiar said. "In this instance, it's probably so they can engage in some fact-finding to develop the record."
Though federal authorities have insisted that they took no part in creating or constructing the center, state officials claim Florida will be reimbursed for the estimated $450 million cost to run the temporary center for a year.
Two: the court wants to "avoid entanglement with a political issue" because it's "easier to punt," another person speculated.
