Rick Scott gets thumped by the Florida Supremes

Governor Rick Scott

The Florida Supreme Court has invalidated Rick Scott's attempted power grab.

It ruled that the Florida Constitutional principle of separation of powers prohibits Scott from issuing executive orders requiring independent agency heads to suspend all rule making.

Scott wanted the agencies to pass all proposed rules through his office before submitting them for public comment.

Scott also wanted 'voluntary" control of agencies like the Agriculture Department and the Attorney Generals office whose heads are elected. None of the elected officials complied after the election.

Scott was sued by a blind Florida food stamp recipient. Here is the summary of the Florida Supremes decision. 

____________
No. SC11-592
____________
ROSALIE WHILEY,
Petitioner,
vs.
HON. RICK SCOTT, etc.,
Respondent.
[August 16, 2011]

PER CURIAM.
This case is before the Court on the petition of Rosalie Whiley for a writ of
quo warranto seeking an order directing Respondent, the Honorable Rick Scott,
Governor of the State of Florida, to demonstrate that he has not exceeded his
authority, in part, by suspending rulemaking through Executive Order 11-01.  We
have jurisdiction.  See art. V, § 3(b)(8), Fla. Const.  In exercising our discretion to
resolve this matter, we grant relief and specifically hold that the Governor
impermissibly suspended agency rulemaking to the extent that Executive Orders
11-01 and 11-72 include a requirement that the Office of Fiscal Accountability and
Regulatory Reform (OFARR) must first permit an agency to engage in the - 2 -
rulemaking which has been delegated by the Florida Legislature.
1
  Absent an amendment to the Administrative Procedure Act itself or other delegation of such
authority to the Governor‘s Office by the Florida Legislature, the Governor has
overstepped his constitutional authority and violated the separation of powers.
Accordingly, upon this basis we grant the petition for writ of quo warranto.

See http://www.floridasupremecourt.org/decisions/2011/sc11-592.pdf

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