Scott issues new rule review protocolby Dara Kam | October 19th, 2011
He’s not happy about it, but Gov. Rick Scott is complying with a divided Florida Supreme Court ruling that Scott overstepped his authority when he forced state agencies to stop making rules and instead submit proposed regulations to him for review.
Late Wednesday, Scott issued an executive order tweaking the way his Office of Fiscal Accountability and Regulatory Reform – created by the first-term governor shortly after taking office in January – will review proposed and existing rules to ensure they don’t create unnecessary burdens or additional costs, especially for small businesses.
The 10-page executive order also requires all state agency heads to submit proposed rules to Scott a week in advance of being made public.
In the order, Scott blistered the 5-2 split August decision but conceded that the opinion “is to be afforded the deference due a judgment of the Supreme Court of the state of Florida.”
Before laying out how his office will handle the rule review, Scott’s order includes more than two dozen “whereas” clauses arguing why “government should be held accountable for efficient and effective performance” and why he should be able to make sure it does.
“Whereas the elected governor has a democratic mandate, is directly answerable to the people and has the duty and power to assess the overall legality, efficiency and operation of government,” the order reads.
In August, the court found that Scott ruled that Scott “overstepped his constitutional authority and violated the separation of powers” by requiring his stamp of approval before proposed rules could move forward.