· 10/29/1991
Chiles v. CHILDREN A, B, C, D, E, AND F
Citations
- 589 So. 2d 260
- 1991 WL 250980
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that section 216.211, Florida Statutes, whereby legislature assigned to executive branch discretionary authority to reapportion the state budget, to be an unconstitutional violation of the separation of powers doctrine
- observing that legislature can delegate power to executive to reduce spending in case of a budget crisis as long as there are adequate standards
- stating that based on article VII, sections 1(c) and 1(d), “this Court has long held that the power to appropriate state funds is legislative and is to be exercised only through duly enacted statutes” (emphasis added)
- invalidating Governor’s restructuring of appropria tions for failure to comply with constitutional requirements; foster children plain tiffs had standing as taxpayers
- \The judicial branch cannot be subject in any manner to oversight by the executive branch.\
- neither power to appropriate nor power to reduce appropriations can be delegated to executive
Source: CourtListener parenthetical corpus (CC0).
Judges: Barkett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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