Whiley v. Hon. Rick Scott, etc.
Annotate this CaseThis case was before the court on the petition of Rosalie Whiley for a writ of quo warranto seeking an order directing the Governor of the State of Florida to demonstrate that he had not exceeded his authority, in part, by suspending rulemaking through Executive Order 11-01. The court granted relief and held that the Governor impermissibly suspended agency rulemaking to the extent that Executive Orders 11-01 and 11-72 included a requirement that the Office of Fiscal Accountability and Regulatory Reform (OFARR) must first permit an agency to engage in the rulemaking which had been delegated by the Florida Legislature. Absent an amendment to the Administrative Procedure Act, 5 U.S.C. 500 et seq., itself or other delegation of such authority to the Governor's office by the Florida Legislature, the Governor had overstepped his constitutional authority and violated the separation of powers.
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