Governor’s Rules Freeze: Supreme Court Says Legislative Power Trumps 'Supreme Executive Power
Public Policy & Regulation Partner Lawrence Sellers authored an article for The Florida Bar Administrative Law Section Newsletter titled "Governor’s Rules Freeze: Supreme Court Says Legislative Power Trumps 'Supreme Executive Power.'"
On August 16, 2011, the Florida Supreme Court issued an opinion holding that Governor Rick Scott “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 rulemaking which has been delegated by the Florida Legislature.” Two justices dissented, arguing that Governor Scott was completely within his authority as the chief administrative officer in issuing Executive Order 11-72. In this article, Mr. Sellers discusses the opinion and a number of interesting questions that it raises.