June 2011

Governor's Rules Freeze Draws Legal Challenge: Governor Asserts 'Supreme Executive Power'

The Florida Bar Administrative Law Section Newsletter
Lawrence E. Sellers

Shortly after his inauguration, Governor Rick Scott issued an executive order that freezes all rulemaking by agencies under the direction of the Governor. The executive order has drawn a legal challenge from Rosalie Whiley, a blind woman, who asks the Florida Supreme Court to order the Governor to demonstrate the authority to issue such an order and, if the Court finds there is no authority, she seeks to have the order revoked. In response, the Governor asserts that, as the chief administrative officer, he has the “supreme executive power” to direct those agency heads who serve at his pleasure.

READ: Governor's Rules Freeze Draws Legal Challenge: Governor Asserts 'Supreme Executive Power'

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