[UPDATE] Suit Filed Against Scott's Rule Moratorium

By: Florida Legal Services Release; The News Service of Florida
By: Florida Legal Services Release; The News Service of Florida

[UPDATE] Tallahassee, Florida, (March 30, 2011) -

A food stamp recipient from Miami has filed suit against Gov. Rick Scott over his suspension of new agency rules that her attorneys say prevented her from obtaining services specifically authorized by the Legislature. Attorneys for Rosalie Whiley, a Florida citizen and taxpayer with disabilities, filed a petition Monday with the Florida Supreme Court challenging Scott’s first executive order that suspended agencies’ rulemaking powers. Attorneys for Whiley, who is blind, argue that Scott has no legal authority to suspend rules ordered by the Legislature to agencies to carry out its intentions. Whiley is being represented by Florida Legal Services and, among others, former legislator and Florida State University President Sandy D’Alemberte.

___________________________________________

Tallahassee, Florida, (March 29, 2011) -

Rosalie Whiley, a Florida citizen and taxpayer with disabilities, filed a petition in the Florida Supreme Court challenging Governor Scott’s Executive Order 11-01. The Governor’s order suspends rulemaking by state agencies under the direction of the Governor, creates a new governmental office, and transfers rulemaking powers from agency heads to the Governor’s new Office of Fiscal Accountability and Regulatory Reform.

The order has halted rulemaking that would have simplified the reapplication process for food stamp recipients like Ms. Whiley. Ms. Whiley explained, “The Department of Children and Family Services application for the food stamp program was slated to be fixed so that I, as a blind person, could apply more easily online. But the Governor’s new order has stopped the agency from moving forward. That’s not right.”

Ms. Whiley is represented by attorneys with Florida Legal Services, Inc. (FLS) and by Talbot “Sandy” D’Alemberte and Patsy Palmer of D’Alemberte & Palmer in Tallahassee. FLS attorney Cindy Huddleston said, “We have filed this petition on Ms. Whiley’s behalf to ask the Florida Supreme Court to issue a writ of quo warranto. This special writ means Ms. Whiley is questioning the Governor’s authority to suspend rulemaking.” Mr. D’Alemberte stated, “Ms. Whiley’s petition alleges the Governor’s Executive Order violates the Florida Constitution because the executive branch has no authority to make and change laws relating to agency practice. That power belongs to the Legislature.”

Although the Governor has stated that the impetus for the Order is to curtail unnecessary restrictions on regulation of businesses and professions, the Order creates a new layer of governmental bureaucracy and has triggered suspension of agency activities that are urgently needed to protect vulnerable low-income citizens of Florida. Mr. D’Alemberte noted, “Unless the Supreme Court acts immediately, Florida law will be suspended by a branch of government with no authority to do so.”


You must be logged in to post comments.

Username:
Password (case sensitive):
Remember Me:

Read Comments

Comments are posted from viewers like you and do not always reflect the views of this station.
  • by MONICA Location: TRUTHVILLE,USA on Mar 30, 2011 at 05:09 PM
    THE LADY IS BLIND. OMG! ITS NOT LIKE SHE IS LAZY. BUT I NOTICE MOST PEOPLE RAG ON BLACKS FOR USING EBT. THE THING IS THE OTHER RACES CAN GET THEM TO BUT SOME PEOPLE ARE JUST "TOO PROUD". THEN IF U ARE NOT COMPLAINING ABOUT THE BLACKS, U START COMPLAINING ABOUT THE HISPANICS. I WORK FOR WHAT I WANT AND IF I CANT AFFORD IT,I DONT NEED IT. SO BRING ON YOUR STUPID REPLY. ALL SMILES THIS WAY
  • by Linda Location: Tallahassee on Mar 30, 2011 at 04:19 PM
    The Food Stamp program is a good program. It should be easy to apply for, with proper documentation of income and expensive. Most difinitely for the eldlerly, low income and disabled and their caregiver if needed. Now the young only if in school, actively seeking employment (Veritable attendance, min 40 hrs.) If our Leaders would read the Bible they would understand why these programs have merit. Even the Beatles got. He ain't heavy he's my Brother.
  • by Linda Location: Tallahassee on Mar 30, 2011 at 04:05 PM
    It' time we have a 10% state income tax on incomes over $250,000. We need this as a Constitutional Amendment. That way the legislators can not monkey with it and add the less than $250,000 a year income, without our vote. That will get their attention.
  • by tallahassee on Mar 30, 2011 at 11:49 AM
    when you spell Rick scott's name plese put a P in front of the R
  • by DTH Location: Tallahassee on Mar 30, 2011 at 07:58 AM
    @ ROOSTER: I hope you can afford tp buy MY Groceries because, if things keep going the way Scott wants them to, I will be appling for Food Stamps real soon.
  • by Obesity Location: Tallahassee on Mar 30, 2011 at 07:06 AM
    I would wager to say that food stamps and obesity have a direct corrolation. Anyone brave enough to study it would be label racist, as the findings would truely be eye opening and quite controversial.
    • reply
      by Anonymous on Mar 30, 2011 at 10:21 AM in reply to Obesity
      Don't look at food stamps, look st cheap food. If you had to feed a family an very litle money what kinds of food would be the cheapest? The ones that increase the risk of obesity.
  • by Prayer Changes things! on Mar 30, 2011 at 07:02 AM
    It amazes me that all critical people are of one origin. So what you all believe is when he begins doing these bogus drug test that he will actually be getting people off the system. Do you not realize that it is not just "lazy people" or "people with to many kids" on food stamps or other state assistance. The reason we are here is because for so many years the rich ketp getting richer on the back of those of us who don't have trust funds or Uncles and cousins to hire us in positions we do not qualify for. This is not going to get better, except through pray!! BeME preach on, because unlike "THE RICH" we don't blow our heads off because we are broke we adapt!!
    • reply
      by Anonymous on Mar 30, 2011 at 10:18 AM in reply to Prayer Changes things!
      Hard work changes things. Even for those that do not have rich uncles.
  • by Rooster Location: Tallahassee on Mar 30, 2011 at 06:39 AM
    Ms. Rosalie Whiley, I cannot afford to buy your groceries.
    • reply
      by Anonymous on Mar 30, 2011 at 08:46 AM in reply to Rooster
      The article clearly states that Ms. Rosalie Whiley is DISABLED. How do you expect her to eat? Would you rather she starve to death? Rooster, you have no choice. You will have to find a way to be able to afford her groceries, because you are outnumbered by people with a conscience and this is a democracy.
      • reply
        by Anonymous on Mar 30, 2011 at 10:17 AM in reply to
        I would rather that a soup kitchen feed her. The government (me and the other tax payer's) can't afford to keep giving away money.
  • by LOL Location: Tallahassee on Mar 30, 2011 at 06:18 AM
    I don't know her situation...but I am tired of seeing people that make more money get assistance while I keep making it without it! I can get by with my own house and car and yet these people get free medical and free food. I have not applied and will not apply. It just makes me sick!
    • reply
      by Anonymous on Mar 30, 2011 at 08:47 AM in reply to LOL
      The article says she is BLIND. Still feel the same way?
      • reply
        by Anonymous on Mar 30, 2011 at 10:16 AM in reply to
        He wasn't talking specifically about her. Do you feel better now?
  • by CONCERNED Location: Chattahoochee on Mar 30, 2011 at 06:10 AM
    Please remember, I agree there is fraud in the system, but there are also legit. people, ie... the elderly, handycapped, and sick who really need this help, consider them, because we are all getting old one day you may need that help, and don't say I'll never, because your never just may come!!
  • Page:
WCTV 1801 Halstead Blvd. Tallahassee, FL 32309
Copyright © 2002-2016 - Designed by Gray Digital Media - Powered by Clickability 118860049 - wctv.tv/a?a=118860049
Gray Television, Inc.