Florida’s lethal injection statute violates the Separation of Powers Clause of the Florida Constitution.

Florida’s lethal injection statute violates the

Separation of Powers Clause of the Florida

Constitution.

Section

922.105, Florida Statutes, violates the Separation of Powers

Clause of the Florida Constitution because the legislature

delegated to the DOC the complete power to create policies and

procedures for lethal injection and exempted the making of those

policies from the requirements of Chapter 120, Laws of Florida,

Florida’s Administrative Procedure Act (“APA”).