Fort Walton Beach Council agenda — 08-08-2006 ‎(executive)‎ — reading text

on subject to recall as long as the ward was alive. cases, but to decide them, subject to review only by West's F. S. A. Const. Art. 2, ~ 3; Laws 2003, ch. superior and having achieved finality, a courts, 03- 418, 9 1 et seq. judicial decision becomes the last word of the judicial department with regard to a particular case 7] Constitutional Law 92 C=:> 67 or controversy. 92 Constitutional Law 5) Constitutional Law 92 C=:::> 79 92III' Distribution of Governmental Powers and Functions 92 Constitutional Law 92III(B) Judicial Powers and Functions 92111 Distribution of Governmental Powers and 92k67 k. Nature and Scope in General. Functions Most Cited Cases 92III(C) Executive Powers and Functions The fact that a final judgment may be subject to 92k78 Encroachment on Judiciary recall under a rule of procedure, if certain 92k79 k.In General. Most Cited Cases circumstances can be proved, does not negate its Purely judicial acts are not subject to review as to finality for purposes of the separation of powers; their accuracy by the Governor. West' s F. S. A. unless and until the judgment is vacated by judicial Const. Art. 2, 9 3. order, it is the last word of the judicial department with regard to a particular case or controversy. 6] Constitutional Law 92 ~ 80( 1) West' s F. S. A. Const. Art. 2, 9 3. 92 Constitutional Law 8] Constitutional Law 92 €==>80( 1) 921II Distribution of Governmental Powers and @ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. A561- 497D- 9703- 8/ 3/ 2006 https:// web2. westlaw .comlprint/printstream. aspx?utid=%257b87F 1 E849- 0CFDA...  Page 3 of 17 885 So. 2d 321 Page 3 885 So. 2d 321, 29 Fla. L.Weekly S515 Cite as: 885 So. 2d 321) 92 Constitutional Law absolute, unfettered discretion made the Governor' s 92III Distribution of Governmental Powers and decision virtually unreviewable, and the law did not Functions require the Governor to consider the patient' s 92III( C) Executive Powers and Functions wishes, but permitted him to issue unilateral 92k78 Encroachment on Judiciary decision. West' s F. S. A. Const. Art. 2, ~ 3; Laws 92k80 Powers, Duties, and Acts Under 2003, ch. 03- 418, ~ 1 et seq. Legislative Authority 92k80( 1) k. In General. Most Cited 101 Constitutional Law 92 ~ 62( 1) Cases When the prescribed procedures are followed 92 Constitutional Law according rules of court and the governing to 92III Distribution of Governmental Powers and statutes, a final judgment is issued, and all Functions post-judgment procedures are followed, it is an 92III( A) Legislative Powers and Delegation invasion of the authority of the judicial branch for Thereof the Legislature to pass a law that allows the 92k59 Delegation of Powers executive branch to interfere with the final judicial 92k62 To Executive determination in a case. West' s F. S. A. Const. Art. 92k62( 1) k. In General. Most Cited 2, ~ 3. Cases The Legislature is pennitted to transfer subordinate 9) Constitutional Law 92 ~ 62( 10) functions to pennit administration of legislative policy by an agency with the expertise and 92 Constitutional Law flexibility to deal with complex and fluid 92III Distribution of Governmental Powers and conditions; however, under the " nondelegation Functions doctrine," the Legislature maydelegate the not 92III( A) Legislative Powers and Delegation power to enact a law or the right to exercise Thereof unrestricted discretion in applying the law . West' s 92k59 Delegation of Powers F. S. A. Const. Art. 2, ~ 3. 92k62 ToExecutiye 92k62( 5) Particular Matters 11 J Constitutional Law 92 ~ 60 92k62( 10) k. Health and Welfare. Most Cited Cases 92 Constitutional Law 92III Distribution of Governmental Powers and Health 198H ~ 902 Functions 92III( A) Legislative Powers and Delegation 198H Health Thereof 198HVI Consent of Patient and Substituted 92k59 Delegation of Powers Judgment 92k60 k. In General. Most Cited Cases 198Hk902 k. Constitutional and Statutory Provisions. Most Cited Cases Constitutional Law 92 ~ 62( 2) Terri' s law" which authorizes the Governor to issue a one- time stay to prevent the withholding of 92 Constitutional Law nutrition and hydration from a patient in a persistent 92111 Distribution of Governmental Powers and Functions vegetative state violated the separation of powers on its face because it delegated legislative power to the 92III( A) Legislative Powers and Delegation Governor; the Legislature failed to provide any Thereof standards by which the Governor should determine 92k59 Delegation of Powers whether, in any given case, a stay should be issued 92k62 To Executive 92k62( 2) k. Standards for and how long a stay should remain in effect, it failed to provide any criteria for lifting the stay, this Guidance. Most Cited Cases @ 2006 Thomson/West. No Claim to Orig. U. S. Govt. Works. 1 E849-A561- 497D- 9703- 0CFDA... 8/ 3/ 2006 https:/ /web2.westlaw .comlprintlprintstream.aspx?utid=%257b87F  Page 4 of 17 885 So. 2d 321 Page 4 885 80.2d 321, 29 Fla. L.Weekly 8515 Cite as: 885 So. 2d 321) The " nondelegation doctrine" requires that 92II Construction, Operation, and Enforcement fundamental and primary policy decisions be made of Constitutional Provisions 92k36 k. Duty of Legislature to Obey by members of the legislature who are elected to perform those tasks and that the administration of Constitutional Mandate. Most Cited Cases legislative programs must be pursuant to some Although unquestionably the Legislature may enact minimal standards and guidelines ascertainable by laws to protect those citizens who are incapable of reference to the enactment establishing the program. protecting their own interests, such laws must West' s F. S. A. Const. Art. 2, g 3. comply with the constitution. West CodenotesHeld