Whiley v. Scott
79 So. 3d 702
| Fla. | 2011Background
- Whiley filed a petition for a writ of quo warranto seeking to challenge Governor Scott's authority to issue Executive Orders 11-01 and 11-72 suspending or constraining agency rulemaking under the Florida Administrative Procedure Act (APA).
- Executive Order 11-01 created the Office of Fiscal Accountability and Regulatory Reform (OFARR) and directed Governor-controlled agencies to suspend rulemaking and obtain OFARR approval before proposing rules or amendments.
- Executive Order 11-72 superseded 11-01 and continued OFARR’s operation, requiring OFARR approval before publishing any rulemaking notices or approving proposed rules or amendments.
- Rulemaking is a legislative function delegated by the Legislature to agencies, which must follow APA procedures, including notice, hearings, and filing, unless emergency rules apply.
- The Florida Supreme Court exercised discretionary jurisdiction to determine whether the Governor exceeded constitutional authority by encroaching on the Legislature’s delegated rulemaking powers.
- The majority held that the governor impermissibly suspended and conditioned rulemaking, while the dissent argued the governor had broad constitutional authority to supervise executive agencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do EO 11-01 and 11-72 violate separation of powers by suspending rulemaking? | Whiley contends the orders exceed the governor's authority and interfere with legislative delegations. | Scott contends executive oversight is constitutional, and the orders do not violate the APA. | Yes; the orders impermissibly suspended rulemaking and encroached on legislative delegation. |
| Is rulemaking a legislative function delegated to executive agencies, which the governor may not suspend? | Rulemaking is delegated to agencies and governed by the APA; suspending it usurps legislative authority. | Executive oversight can guide rulemaking to ensure compliance with law and policy goals. | Rulemaking is a legislative function; governor overstepped by requiring OFARR approval before proposing rules. |
| Does OFARR's gatekeeping role under 11-72 violate the APA or delegation of authority? | OFARR’s expansive review and veto power alter the statutory rulemaking framework. | OFARR provides oversight consistent with the governor's constitutional duties to ensure lawful rulemaking. | OFARR's role, as applied, infringes the Legislature’s delegated rulemaking authority. |
Key Cases Cited
- Chiles v. Crist, 999 So.2d 601 (Fla. 2008) (quo warranto jurisdiction; government power to act beyond authority)
- Martinez v. Martinez, 545 So.2d 1339 (Fla. 1989) (quo warranto as proper method to test governor's power)
- Harvard v. Singleton, 733 So.2d 1020 (Fla. 1999) (court may decline or transfer petitions raising unresolved factual issues)
- Sims v. State, 754 So.2d 657 (Fla. 2000) (legislature may enact laws and designate officials to implement them; delegation constraints)