Supreme Court Slaps Down Scott

A divided Florida Supreme Court has agreed with a Florida resident that Gov. Rick Scott overstepped his bounds in putting a freeze on rule-making.

“The Legislature retains the sole right to delegate rule-making authority to agencies, and all provisions in (Scott’s executive orders) that operate to suspend rule-making authority contrary to the Administrative Procedures Act constitute an encroachment upon a legislative function,” the five justices in the majority said.

Rosalie Whiley, a blind woman from the Miami area, filed suit against Scott in March after the governor suspended the ability of agencies to draw up new rules. The lawsuit claims the executive order slowed down a process already in progress to make it easier for her to request food stamps.

At the heart of Whiley v. Scott is whether the Governor or the Legislature has the ultimate say over agency rule-making. A law that regulates how agency rules are set was established by the Legislature. But the governor issued an executive order shortly after he was inaugurated in January that froze agency rule-making and established a new process for reviewing agency rules to ensure each meets his pro-business agenda.

That executive order has since been replaced by a new order issued in April that removes the freeze but establishes a new process for agency rule, which must now be approved by the Office of Fiscal Accountability and Regulatory Reform, a new entity overseen by the governor’s office.

Though not strictly spelled out in state law, agency rules can wield considerable influence over Floridians.

There are dozens of state agencies that create rules to help implement laws. These rules range from environmental regulations to how someone applies for welfare and housing benefits or even the establishment of a new hospital.

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