Chiles v. PSC NOMINATING COUNCIL
573 So.2d 829, 1991 WL 6561 (1991)
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Rule of Law:
The legislature has the authority to establish by law the method for appointing officers to an entity within the legislative branch. A statute allowing a legislative nominating council to make an appointment if the Governor fails to act by a specified deadline is a constitutional exercise of this authority.
Facts:
- Two positions on Florida's Public Service Commission (PSC) were scheduled to become vacant on January 8, 1991.
- Florida statute § 350.031 required the Public Service Commission Nominating Council (the Council) to recommend at least three nominees for each vacancy to the Governor by October 1.
- On or before October 1, 1990, the Council submitted a list of nominees for the two positions to Governor Bob Martinez.
- The statute directed the Governor to make his appointments from the list by December 1, 1990.
- The statute further provided that if the Governor failed to make an appointment by the December 1 deadline, the Council itself was empowered to appoint a commissioner from the list of nominees by December 31.
- Governor Martinez did not make the appointments by the December 1, 1990, deadline.
- In response to the Governor's inaction, the Council scheduled a meeting to exercise its statutory authority to appoint the two commissioners.
Procedural Posture:
- Governor Bob Martinez and Governor-Elect Lawton Chiles (Petitioners) filed a petition for a writ of prohibition directly with the Supreme Court of Florida.
- The petition sought to prevent the Public Service Commission Nominating Council (Respondent) from appointing two commissioners.
- The Supreme Court of Florida exercised its original jurisdiction, issued an order to show cause, and stayed the Nominating Council's authority to act pending the court's decision.
- The court received responses from all interested parties and heard oral arguments.
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Issue:
Does a state statute that authorizes a legislative nominating council to appoint members to the Public Service Commission, if the Governor fails to make an appointment by a specific deadline, unconstitutionally infringe upon the Governor's executive appointment power under the Florida Constitution?
Opinions:
Majority - Overton, Justice
No, the statute does not unconstitutionally infringe upon the Governor's executive appointment power. The court reasoned that the constitutionality of the appointment process hinges on which branch of government the Public Service Commission (PSC) belongs to. The legislature expressly declared the PSC to be an 'arm of the legislative branch,' a designation the court found appropriate because the PSC's primary function—public utility ratemaking—is a legislative function. Citing precedent like 'In re Advisory Opinion to the Governor,' the court reaffirmed that ratemaking is legislative in nature. Because the PSC is a legislative entity, the legislature possesses the constitutional authority to determine the method for appointing its officers. The Governor's general power to fill vacancies does not control the appointment of officers in a legislative agency, particularly when the statute provided the Governor the first opportunity to make the appointment.
Analysis:
This case is a significant Florida separation of powers decision that clarifies the legislature's authority over its own agencies. It establishes that the classification of an agency within a branch of government is determined primarily by its core function, not its title or ancillary duties. By upholding the legislature's power to control the appointment process for a legislative entity, the decision prevents executive inaction from creating prolonged vacancies in critical state commissions. This ruling empowers the legislature to design appointment schemes that ensure continuity of government, even if it means creating a statutory fallback that bypasses the Governor.
