Court: Scott Violated Separation Of Powers
MIAMI (CBSMiami.com) – Florida Governor Rick Scott has been rebuked by the Florida Supreme Court for putting a halt to rulemaking in the state.
"The Legislature retains the sole right to delegate rulemaking authority to agencies, and all provisions in both Executive Order 11-01 or 11-72 that operate to suspend rulemaking contrary to the APA (Administrative Procedures Act) constitute an encroachment upon a legislative function," the court's majority ruled.
The ruling came after a taxpayer filed a lawsuit saying Governor Scott broke the law when he froze all rulemaking in the state earlier this year.
The court left open the possibility that the APA could be amended later by the state legislature, but the legislature would have to allow the Governor to have authority over all rulemaking.
"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," the court wrote.
Click here to read the decision.
