During a Florida Cabinet meeting Tuesday, Governor Ron DeSantis discussed the possibility of appointing a new secretary for the Department of Environmental Protection (DEP) without the Cabinet’s approval.
Controversy regarding the appointment comes after Former DEP Secretary Noah Valenstein, who had held the position for four years and was approved by the Cabinet in 2017 and 2019, officially resigned on June 4th.
According to The News Service of Florida, the issue of replacing Valenstein came up after Florida Agriculture Commissioner Nikki Fried questioned DeSantis on his plans to replace the former secretary while arguing that the replacement must be approved by Cabinet members. Cabinet members include Fried, Florida Attorney General Ashley Moody, and Chief Financial Officer Jimmy Patronis. Fried is the only Democratic member and a potential opponent of DeSantis in the 2022 gubernatorial election.
Governor DeSantis argued that his interpretation of the Florida Constitution says that the power of appointing a designated statutory office like the DEP Secretary position is in “either the Cabinet or the Legislature.” He continued by saying, “my sense would be the Legislature would retain their authority rather than give the Cabinet authority, so that would be a live issue potentially, if we end up with a conflict.”
Article IV Section 6 (a) of the Florida Constitution states: “When provided by law, confirmation by the senate or the approval of three members of the cabinet shall be required for appointment to or removal from any designated statutory office.”
While DeSantis is focusing on the text from the Constitution, Fried pointed out Section 20.255 (1) of the Florida Statutes established by the Legislature specifically involving appointment requirements for the DEP Secretary that states: “The head of the Department of Environmental Protection shall be a secretary, who shall be appointed by the Governor, with the concurrence of three members of the Cabinet. The secretary shall be confirmed by the Florida Senate. The secretary shall serve at the pleasure of the Governor.”
In a press release by Fried after the meeting, she stated that DeSantis’ actions is a deliberate attempt to “defensively misquote state law” and that it’s “clear he will use our laws to punish anyone with whom he disagrees.”
Currently, Shawn Hamilton is serving as interim DEP Secretary while a decision regarding who DeSantis’ appointee will be is unknown.
– – –
Casey Owens is a contributing writer for The Florida Capital Star. Follow him on Twitter at @cowensreports. Email tips to [email protected].
Photo “Florida Senate Capitol” by Michael Rivera CC 3.0.
