Judge Rejects Gov. Scott's Emergency Generator Rules

Oct 27, 2017

Credit MGN Online

Governor Scott is expected to appeal a Friday decision by an administrative judge, who tossed out emergency rules issued by Scott’s administration. The rules required nursing homes and assisted living facilities to have generators and enough power to cool buildings for 96 hours.

In a 66 page order, the judge ruled in favor of industry groups, which include LeadingAge Florida and the Florida Assisted Living Association.

They challenged the emergency rules last month after several residents of a sweltering Broward County nursing home died following Hurricane Irma.

The nursing homes and assisted living facilities argued, in part that the emergency rules were unrealistic because they required adding generators within 60 days.

A spokesman for Governor Scott’s office called the decision “disappointing” and “short sighted.”

Friday’s ruling comes after the 1st District Court of Appeal recently ruled in favor of the Governor in a separate legal challenge.