The Demise of Agency Deference: Florida Takes the Lead

In 2018, Florida made big changes to its Constitution. One important change was that judges and other court officials can no longer rely on what government agencies say about the laws they’re supposed to enforce. This is different from the federal government, where courts often defer to agencies. This Florida change is a big deal and could lead to more changes in the future. In Florida, agency deference began in the 1940s, but it wasn’t fully endorsed by the courts until 1952. It means that the courts sometimes give weight to how a government agency interprets a law, but they don’t always have to follow it. This idea slowly caught on in the following decades, with a few cases considering its application. In the 1980s, Florida courts started using the agency deference doctrine a lot more, and this continued into the 1990s and 2000s. This means that courts would often agree with the way a government agency interpreted a law or rule, even if it wasn’t clearly right. This was different from how the federal courts did things. In Florida, it was really hard for people to challenge the agency’s interpretation. The Chevron decision, which allows courts to defer to agency interpretations of laws, has sparked debate and criticism among judges and legal scholars. Some current and former Supreme Court justices have questioned its constitutionality, and judges in Florida have also been critical of it. Critics argue that the doctrine erodes individual liberties and raises due process and separation of powers issues. This has led to concerns about giving too much power to the executive branch and potentially violating constitutional guarantees. In Florida, there is a rule that says the government branches (like the legislature, executive, and judiciary) should not interfere with each other’s powers. Recently, a new rule was added to the state constitution that says courts and administrative bodies should not automatically follow the decisions of the executive branch. This is a big change and it’s already being followed in many cases. It looks like this new rule will become a regular part of how things are done in Florida. : In the past, Florida’s administrative law made it hard for people to fight unfair decisions by the government. The new change in the law helps make things more fair for everyone. It stops the government from having too much power and gives the courts the job of deciding what the law means.

Source: https://www.floridabar.org/the-florida-bar-journal/the-demise-of-agency-deference-florida-takes-the-lead/