Is It A "DeSantis Power Grab Bill," Fried Asks? The AC Says The Governor Seeks More Unilateral Control

Florida Phoenix

January 31, 2022

Lawmakers are pushing legislation that would essentially give more power to the governor when it comes to picking certain state agency leaders — with Agriculture Commissioner Nikki Fried calling the proposal a “DeSantis power grab bill.”

State Sen. Aaron Bean, sponsor of SB 1658, said at a committee meeting Monday that appointing a top state agency head in Florida shouldn’t necessarily require a unanimous vote. Bean represents Nassau County and part of Duval.

Right now, for example, when it comes to appointing the Secretary of the Department of Environmental Protection, the governor — now Gov. Ron DeSantis — would need the concurrence of three members of the Cabinet. (The Florida Cabinet currently includes Fried, Attorney General Ashley Moody and Chief Financial Officer Jimmy Patronis.) The DEP secretary also must be confirmed by the Florida Senate.

But the proposed legislation would allow a choice for the governor: “Upon appointment, the Governor shall, in writing, notify the Cabinet and the President of the Senate that he or she will seek either the concurrence of three members of the Cabinet or confirmation of the appointee by the Senate.”

In that situation, the Cabinet members wouldn’t have to do anything, and the GOP-controlled Florida Senate likely would approve the appointment.

In addition, according to the bill, “If the Governor seeks the concurrence of three members of the Cabinet for the appointment, such concurrence must be obtained at the first scheduled meeting of the Cabinet following the appointment. If concurrence of three members of the Cabinet is not obtained at such meeting, the appointee may be held over until his or her successor is appointed and qualified…” among other measures.

The bill was approved Monday at the Senate’s Environment and Natural Resources committee, but there are more steps to getting full approval for the bill.

Agriculture Commissioner Fried, who is an attorney and the sole Democrat on the Cabinet, has been concerned about the changes.

In a statement Monday, before the committee meeting, Fried said:

“The checks and balances in place under current law regarding the approval of executive appointments are there for a reason given the gravity of these roles. This protects against unilateral appointments by the Governor of underqualified individuals, individuals not fit to serve, or nominees put forth for political purposes rather than with the best interest of the people of Florida in mind.

“In a state where our lives and livelihoods depend upon the health of our environment, the leader of the Department of Environmental Protections must be held to the highest standards. I have continuously made clear that my qualm is not with the current nominee, but that this critical appointment be done in accordance with Florida law.

“But instead of simply bringing this nomination before the Cabinet, Governor DeSantis and his cronies are seeking to change the law. This is yet another power grab by the Governor intent on consolidating power, changing laws to crack down on any potential dissent or opposing views, in a dictatorial fashion that only serves his ambitions – not the people of Florida.”

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