Across Florida
What's happening on other political blogs?

rulemaking’

Scott issues new rule review protocol

Wednesday, October 19th, 2011 by Dara Kam

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.

(more…)

Scott abides by court ruling; now only informally reviews rules, aide says

Wednesday, October 5th, 2011 by John Kennedy

Less than two months after the Florida Supreme Court ruled that Gov. Rick Scott could not require agencies to get his formal approval for rules they wanted to enact, a spokesperson said Wednesday the office is still reviewing the proposals — informally.

But a few House Democrats said such action may violate at least the spirit of justices’ 5-2 decision.

“Isn’t this like an end run around the court decision, that you”re subverting the court ruling?” Rep. Franklin Sands, D-Weston, asked Patricia Nelson, deputy director of Scott’s Office of Fiscal Accountability and Regulatory Reform.

Nelson said the governor still insisted on a “very close oversight of agency rulemaking.” But she denied that agencies had to go through the governor to get a go-ahead.

Indeed, Nelson said that if an agency has a standard that it must set quickly, or if there’s a backlog slowing review of a proposed rule, officials are told to enact it.

“We tell them you can move forward, because you don’t have to wait for my approval, based on the Supreme Court ruling,” Nelson said.

In a letter to agency heads sent shortly after the court ruling, Scott chief-of-staff Steve MacNamara said the governor “believes the majority opinion is illogical and grossly misreads the Florida Constitution.” MacNamara said Nelson’s three-person office will continue to “advise” agencies on what kind of rules they should enact.

Scott has vowed to cut government regulations and red tape. But Democrats on the House Rulemaking and Regulation Subcommittee saidWednesday  they were concerned that Scott’s review still amounted to undue influence, while acknowledging the agencies affected are under his control.

“It raises some great concern to me,” said Rep. Barbara Watson, D-Miami Gardens.

Florida Supreme Court rules against Scott, finds he violated separation of powers

Tuesday, August 16th, 2011 by Dara Kam

Gov. Rick Scott overstepped his authority and violated the separation of powers by freezing state agency rulemaking, the Florida Supreme Court ruled today.

Shortly after he was sworn in as governor on Jan. 4, Scott suspended agency rulemaking and required the proposed rules be vetted by his office. He later created the “Office of Fiscal Accountability and Regulatory Reform” to review the rules, saying he wanted to make sure they did not slow down government, create barriers for businesses or cost taxpayers money.

But in a 5-2 ruling, the court found that Scott’s executive orders “infringe upon the very process of rulemaking and encroach upon the Legislature‘s delegation of its rulemaking power as set forth in the Florida Statutes.”

Chief Justice Charles Canady and Judge Ricky Polston, both appointed by Gov. Charlie Crist, dissented. Scott acted within his constitutional authority as the state’s chief administrative officer whose duty is “to manage, plan, and hold agencies under his charge accountable to State laws, including the APA. The actual facts before us do not demonstrate otherwise,” Polston wrote.

Canady called the majority opinion an “ill-conceived interference with the constitutional authority and responsibility of Florida‘s Governor.”

Scott also saw it that way.

“It doesn’t make any sense to me,” Scott said of the court ruling. “I don’t think it follows the constitution. It’s a disappointment.

“Think about it, the secretaries of these agencies report to me, they work for me at will, and I’m not supposed to supervise them? It doesn’t make sense,” he added.

(more…)

Florida political tweeters
Video: Politics stories
Categories
Archives