Two Florida State Senators, one Republican and one Democrat, have filed a petition for extraordinary writ to bar Rick Scott's ultra vires attempt to undo the actions of the prior Florida Legislature and prior Governor Charlie Crist's appropriation and acceptance of federal funds for the high speed rail project under the American Recovery and Reinvestment Act of 2009.
The Florida Supreme Court will hear the case! Scott has till tomorrow to respond.
Here is the relevant language from the 281 page filing:
http://www.floridasupremecourt.org/pub_info/documents/Filings/Filed_03-01-2011_Altman_v_Scott.pdfInstead of completing the ministerial act of accepting the funds for the high
speed rail project as he was required to do, Respondent instead requested that the
monies be used for other Florida infrastructure projects.2 Such a claim of authority
and the attempt to (1) reject the monies appropriated by the Florida Legislature; (2)
reject financing specifically mandated by the Florida Rail Act; and (3) refuse to
comply with the express directions of the High Speed Rail Act, all exceed
Respondent's constitutional authority.
Specifically, based upon such legislation and appropriation, which were not
vetoed by Florida's prior governor, Respondent is without authority...
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