On March 28 by Rosalie Whiley of Opa Locka filed a petition in the Florida Supreme Court challenging the constitutionality of one of Rick Scott's first actions when he became Governor, freezing all rule making subject to his approval.
Whiley, who is blind, filed the petition because one of the rules Scott froze prevented her from applying for food stamps online.
“Because of my visual handicap, I have to get someone to come in and put in information for me online. I feel like it’s important for me to do it by myself,” said Whiley, 54, who lost her vision due to glaucoma, which she has suffered with since age 16.
In his response to the petition, Scott claims that he has the "supreme executive power" granted to a Governor and has the final say over rules developed by state agencies.
From the St. Petersburg Times:
An 80-page response from the Governor's Office cites similar executive orders from President Barack Obama and former Democratic Gov. Lawton Chiles as proof that Scott has the right to approve or reject rules created by agency heads to implement laws passed by the Legislature.
"It has become common practice for chief executives to review and assert control over agency regulatory activity," attorneys for Scott wrote.
There's also this quote from Alexander Hamilton's Federalist papers: "A feeble executive implies a feeble execution of government."
Scott's attorneys argue that because agency heads who write rules are hired and fired by him, he can ask that the rules reflect his priorities.
Unfortunately for Rosalie Whiley, her food stamps just aren't on Rick Scott's priority list.
Whiley wants the executive order revoked, which prevents her from applying for those food stamps. The rule has already been approved by the governor's regulatory reform office, but hasn't gone into effect yet, proving yet again that Rick Scott's "Let's Get To Work" was never more than a meaningless slogan.
Three groups have filed with the court in support of Whiley, and several other rules that are on hold as well, concerning environmental issues and the disabled.
Disability Rights Florida argues the rule making freeze suspends consideration of extending Medicare waiver benefits to some people with autism, is delaying discussion of treatment for at-risk juveniles with emotional disturbances, and slows implementation of rules for the Florida Division of Vocational Rehabilitation.
The elder law attorneys say the rule suspension is slowing payment of some Medicaid benefits.
So while Rick Scott is busy flexing his legal, "supremacy" muscle, people like Rosalie Whiley and those above, the elderly and the disabled have to wait for their benefits.
Add to the list the new law passed in the Florida legislature last week requiring forced drug testing that they'll have to take in order to get those benefits, tests which they'll have to pay out of their own pockets until the tests prove they aren't taking drugs.
In the so-called Sunshine State, apparently this is just the new normal of what living under the rule of the "Supreme CEO" himself, Rick Scott will be like. Exercising his "supremacy" so that Florida won't become a "feeble government?"
Please.
This is a blind woman who merely wants to apply for food stamps online so she won't have to rely on someone else to do it for her.
Sounds more like just one more out of control overreach of power by Rick Scott against the less fortunate.
This diary is cross posted at Beach Peanuts