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To: FL_engineer; cyn; FR_addict; windchime; Budge; Deo volente; nicmarlo; Ohioan from Florida; ...

Second, taken to its logical extreme, the Court's separation of powers analysis of whether the legislature unlawfully delegated its power to the executive could be interpreted in such a way as to throw into question other executive powers of great discretion. For example, Section 943.04, Florida Statutes, authorizes the Governor, upon written order, to direct the Department of Criminal Justice Investigations and Forensic Science to “investigate violations of any of the criminal laws of the state,” and provides no other criteria for the Governor as to when and whether to exercise that authority. This Court in Thompson v. State, 342 So. 2d 52, 55 (Fla. 1976), upheld the exercise of such discretion by the Governor.

Likewise, Section 27.14, Florida Statutes, confers upon the Governor broad discretionary authority to assign and exchange state attorneys “for any other good and sufficient reason” based on a determination that “the ends of justice would be best served.” Section 27.14, Fla. Stat. This broad criteria was found acceptable by this Court in Finch v. Fitzpatrick, 254 So. 2d 203, 204-205 (Fla. 1971).


5,406 posted on 10/06/2004 2:21:38 PM PDT by pc93
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To: pc93

Is there a way to get more people in on this on Freep?


5,407 posted on 10/06/2004 2:24:36 PM PDT by pc93
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