Askew v. Cross Key Waterways
372 So. 2d 913 (1978)
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Rule of Law:
The legislature cannot delegate to an administrative agency the fundamental policy-making power to determine which geographic areas of the state will be subject to regulation without providing specific standards and priorities, as this constitutes an unconstitutional delegation of legislative power under the Florida Constitution.
Facts:
- In 1972, the Florida legislature enacted the 'Florida Environmental Land and Water Management Act,' authorizing the Division of State Planning to recommend 'areas of critical state concern' to an executive agency, the Administration Commission.
- The Act provided broad criteria for designation, including areas that have a 'significant impact upon, environmental, historical, natural, or archaeological resources of regional or statewide importance.'
- Pursuant to this authority, the Administration Commission designated a large area of land known as the 'Green Swamp' as an area of critical state concern.
- The Administration Commission also designated virtually all of the Florida Keys as an area of critical state concern.
- These designations subjected landowners and developers in the areas, including Cross Key Waterways and Postal Colony Co., Inc., to a new set of state-level land development regulations that superseded local control.
Procedural Posture:
- The Administration Commission, an executive agency, designated the Green Swamp and the Florida Keys as 'areas of critical state concern,' imposing state-level land use regulations.
- Postal Colony Co., Inc., challenged the Green Swamp designation and its regulations by petitioning for review in the District Court of Appeal, First District.
- Cross Key Waterways and other parties challenged the Florida Keys designation by petitioning for review in the District Court of Appeal, First District.
- In the Postal Colony case, the appellate court held on rehearing that the statute authorizing the designation was an unconstitutional delegation of legislative power.
- In the Cross Key Waterways case, the appellate court also held the statutory delegation of power unconstitutional.
- The cases were consolidated, and Reubin O'D. Askew, as Governor, and other state officials (appellants) appealed both adverse decisions to the Supreme Court of Florida.
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Issue:
Does Section 380.05(1) of the Florida Statutes, by allowing an administrative agency to designate Areas of Critical State Concern based on the broad criteria in Section 380.05(2)(a) and (b), constitute an unconstitutional delegation of legislative power in violation of Article II, Section 3 of the Florida Constitution?
Opinions:
Majority - Justice Sundberg
Yes, the statute constitutes an unconstitutional delegation of legislative power. While the legislature may delegate the authority to administer a law, it cannot delegate the fundamental power to make the law. The criteria in Section 380.05(2)(a) and (b) are so broad and lacking in legislative priorities that they reposit in the Administration Commission, an executive agency, the purely legislative task of deciding which geographic areas and resources are in greatest need of protection. The statute fails to provide sufficient standards to allow a court to determine if the agency is carrying out legislative intent; instead, the agency itself becomes the lawgiver. The presence of procedural safeguards in the administrative process cannot cure a constitutionally deficient delegation of primary policy-making authority.
Concurring - Chief Justice England
Yes, this is an unconstitutional delegation. The majority opinion correctly revitalizes the crucial doctrine of separation of powers, which is expressly mandated by the Florida Constitution. Unlike other state constitutions or the U.S. Constitution, Article II, Section 3 of the Florida Constitution explicitly prohibits a person in one branch from exercising powers belonging to another. This provision is a limitation on legislative power, forbidding the legislature from wholesale delegation of its law-giving responsibility to the executive branch. This ensures that fundamental policy decisions are made by elected legislators who are accountable to the people.
Analysis:
This case solidifies a strict application of the non-delegation doctrine in Florida, setting it apart from the more lenient approach used in federal courts and some other states. The ruling establishes that the legislature must make the 'fundamental and primary policy decisions' itself, particularly when determining the geographic scope of major regulations. It mandates that for a delegation of authority to be constitutional, the legislature must provide ascertainable standards and priorities, preventing administrative agencies from effectively becoming lawmakers. This decision significantly impacts the drafting of environmental and land-use legislation in Florida, requiring lawmakers to be more specific in defining the areas and resources they seek to protect, either by naming them directly or by providing much clearer criteria for their selection.
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