Whiley v. Scott

The majority improperly grants this petition for an extraordinary writ based on the hypothetical that the Governor might exceed his authority or violate the law. The majority is issuing an improper advisory opinion16 holding that Executive Order 11-01 and Executive Order 11-72 should not be utilized to violate Florida’s Administrative Procedure Act “to the extent” they could hypothetically be used to do so. See majority op. at 705, 706, 707, 713 (repeatedly employing the equivocal phrase “to the extent”). This is not a sound basis for issuing a writ of quo war-ranto. To the contrary, Governor…