A lawsuit filed against Gov. Rick Scott in March that accuses him of overstepping his constitutional authority by suspending rule-making by state agencies was heard Wednesday morning by the Florida Supreme Court.
In Whiley v. Scott, a blind woman named Rosalie Whiley says the governor is usurping a power granted to the Legislature that gives rule-making authority to state agencies.
Attorney Talbot “Sandy” D’Alemberte told the Florida Supreme Court that Scott’s executive order suspending rule-making and establishing a new office to oversee rules conflicts with a law established by the Legislature that determines how rules are made by state agencies.
“We are not here on a rule challenge,” D’Alemberte said. “We are here on questions of the governor’s authority to issue executive orders that conflict with procedures set forth by Legislature.”
But Charles Trippe, the governor’s attorney, said Scott has the constitutional authority to oversee rule-making and contends the executive order does not interfere with the Legislature’s authority.
“The governor’s power and duty is provided directly by the constitution,” Trippe said.
Justices peppered both attorneys with questions on this issue, made more complex by a new state law (HB 993) that also changes how administrative rules are made and adopted.
“The issue is ‘Can the governor stop rule-making authority, or if by doing that is he acting outside executive branch role and encroaching on the legislative branch?” said Supreme Court Justice Barbara J. Pariente.
But Supreme Court Chief Justice Charles Canady appeared to see things differently.
“We are talking about administrative rule making,” Canady said. “Law making is a legislative function and the parameters for administrative rule-making is satisfied by the Legislature. Who promulgates the rules? It is the executive branch.”
The court adjourned after nearly an hour of arguments.
