Statement by Commissioner Nikki Fried on DeSantis Failure to Follow Law on Secretary Appointment / 2021 Press Releases / Press Releases / News & Events / Home - Florida Department of Agriculture & Consumer Services
Tallahassee, Fla. – Today, Agriculture Commissioner Nikki Fried, an independently-elected member of the Florida Cabinet, reminded Governor Ron DeSantis that his unilateral appointment of the Interim Secretary of the Florida Department Environmental Protection (DEP) is unlawful. When the Commissioner asked the Governor to place Interim Secretary Hamilton’s appointment on a Cabinet agenda, the Governor ignored the request and continued with the Cabinet meeting.
As Commissioner Fried noted in the June 15, 2021 meeting of the Florida Cabinet, the Governor lacks the legal authority to unilaterally appoint this position. Under Florida law, the Secretary of Environmental Protection must receive a unanimous vote of the Florida Cabinet, as well as confirmation by the Florida Senate. Commissioner Fried also reminded the Governor of his legal obligation under Section 20.255(1), Florida Statutes in a letter to the Governor on August 31, 2021. Commissioner Fried reserves the right to pursue further action on this matter.
Following the Governor’s illegal actions, Commissioner Fried offered the following statement:
“As I said in the June 15th meeting of this body, state law is very clear that appointing the Secretary of this agency requires the unanimous approval of the Cabinet and confirmation by the Florida Senate. I have met with Interim Secretary Hamilton and asked him some tough questions about the environmental challenges facing Florida – including DEP’s failures at Piney Point. I believe him to be a good man and as I’ve said before, he would break a glass ceiling as the first African-American secretary of this agency. My issue is not with him – it is with this body continuing to do the people’s business the wrong way, for years now.
If Mr. Hamilton is not legally appointed as secretary, or even interim secretary, there is legal precedent that shows an improperly appointed secretary has no lawful authority, and makes questionable any future actions as legally binding. This could all be avoided if this Governor and Cabinet would just do things the right way, the way the law requires.
We have multiple environmental crises in our state – red tide made worse by Piney Point, blue-green algae, fish die-offs, record manatee deaths, the increasing threat of climate change, and more severe weather. This appointment could not be more important. It demands that the law be followed, submitting the appointment to the Cabinet for a public interview and vote, properly noticed, following the Sunshine Law and the Weidner Agreement. Clearly, the Governor is not willing to do this, but is willfully continuing to break the law without consequence.”
Questions for Interim Secretary: Had Interim Secretary Hamilton been brought forth for a public interview as legally required, questions that Commissioner Fried intended to ask include:
Question: Just this month DEP approved a permit for an expansion of Mosaic’s New Wales phosphogypsum stack, despite numerous sinkholes that leaked hundreds of millions of gallons of hazardous waste into our aquifers. DEP also just approved a permit, for the first time ever, to deep well inject heavy metals, radioactive byproducts, and other phosphate mining hazardous waste from Piney Point, despite the industry’s own studies showing a high risk of migration, and despite experts telling you there are better environmental alternatives available, like reverse osmosis. In public hearings on these, public testimony was taken by speaking into a tape recorder off in a corner, raising questions about DEP’s commitment to transparency. Given the serious environmental concerns about these projects, why did DEP even consider moving forward with these permits, let alone approving them?
Question: Regarding deep well injection, experts have told DEP that a better solution to avoid gypsum stack collapses is to truck the hazardous waste to other sites until reverse osmosis capability can be scaled up, instead of allowing another 700 million gallons of hazardous wastewater. The EPA and Piney Point’s own contractor agree that reverse osmosis is a better solution. Why isn’t DEP considering this?
Question: In 2012, Manatee County withdrew their deep well injection permit application because agriculture was concerned about water supply contamination. With one billion tons of hazardous waste already in Florida’s gypstacks, and with expansion at this pace possibly adding another 500 million tons in the next few decades, can DEP guarantee Florida’s crops and food supply won’t be harmed?
Background: 20.255(1), Florida Statutes, states that “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.” Appointment of an DEP Secretary or Interim Secretary therefore cannot bypass the Florida Cabinet, as the Governor has desired.
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source: https://www.fdacs.gov/News-Events/Press-Releases/2021-Press-Releases/Statement-by-Commissioner-Nikki-Fried-on-DeSantis-Failure-to-Follow-Law-on-Secretary-Appointment
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