Tag Archives: Florida

Florida Supreme Court Holds Governor’s Suspension of Rulemaking Exceeds Authority

http://www.floridasupremecourt.org/decisions/2011/sc11-592.pdf

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Filed under Executive Oversight

Florida Governor Suspends Rulemaking and Establishes Office of Fiscal Accountability and Regulatory Reform

On January 4, 2011, Florida Governor Rick Scott issued Executive Order Number 11-01 “Suspending Rulemaking and Establishing the Office of Fiscal Accountability and Regulatory Reform.”  According to a posting on the Governor’s web site, this action is intended to “freeze job-killing regulations”.  The posting further describes Executive Order Number 11-01 as follows:

Executive Order No. 11-01 freezes all new regulations and establishes the Office of Fiscal Accountability and Regulatory Reform, which will review all rules prior to promulgation as well as agency practices and contracts.

  • Immediately suspends rulemaking for all agencies under the direction of the Governor.
  • Establishes the Office of Fiscal Accountability and Regulatory Reform to review all rules (including those suspended by the Order) prior to promulgation and to review agency practices and contracts.
  • Imposes 90-day suspension on execution of any contracts with a value in excess of $1 million, without prior approval from the Office.
  • Prohibits agencies from promulgating rules unless they obtain prior approval from the Office.

The full text of the executive order is available at http://www.flgov.com/wp-content/uploads/2011/01/scott.eo_.one_.pdf.

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Filed under Executive Oversight, State Rulemaking

Copyright of Public Records (FL Court Interpretation)

This decision of the Florida 2nd District Court of Appeal relating to copyright of public records may be of interest. In Microdecisions v. Skinner, the court rules that a county may not copyright GIS maps. State law determines whether agencies may claim copyright. Since public records law forbids demands for fees, licensing fees may not be charged for public records. The legislature has specifically permitted only certain categories of records to be copyrighted and GIS maps are not one of them. The mandate to make records available for the cost of reproduction “overrides a governmental agency’s ability to claim copyright in its work unless the legislature has expressly authorized a public records exemption.”
http://www.2dca.org/opinion/December%2001,%202004/2D03-3346.pdf

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Filed under State Rulemaking