Florida’s Lieutenant Governor resigned her position in March 2013, and that office has been vacant ever since. The Florida Constitution says that when that office becomes vacant, the Governor “shall” appoint a new Lieutenant Governor. On January 6, 2014, a Florida taxpayer, Barbara DeVane, filed a lawsuit directly with the State Supreme Court, asking the Court to order the Governor to appoint a new Lieutenant Governor.

The plaintiff, Barbara DeVane, points out that the Constitution provides that when the Governor is unavailable to handle a state emergency, the Lieutenant Governor has authority to act. DeVane’s brief also mentions the consequences if the Governor, Rick Scott, were to become incapacitated; the Constitution gives the Lieutenant Governor authority to act while the Governor is incapacitated. DeVane is a lobbyist for the National Organization for Women. Here is the brief. The case is DeVane v Scott. Thanks to Howard Bashman of How Appealing for the link.