Florida’s legal framework establishes administrative accountability in a single person – the Governor – whom Florida’s electors hold directly responsible for the actions of his agencies. Consistent with Florida law, history, and tradition, Governor Scott’s establishment of an accountability-review process for agency rulemaking – just as Governor Chiles did in 1995 – is both lawful and an appropriate way to ensure that his agencies meet state-established goals. #

According to Bondi’s filing, Chiles “directed agencies to review the purpose, intent, and necessity of each rule and to submit obsolete rules to his Office of Planning and Budgeting for analysis and immediate repeal.” #

In the 1990s, as part of a populist political upsurge, regulatory reform moved to the front of Florida’s legislative agenda. An initial legislative crackdown on agencies’ use of guidance documents in lieu of regulations triggered an up-tick in the number of new rules passed, which in turn sparked a counter-revolution seeking to decrease regulatory burdens. In 1995, Governor Lawton Chiles issued Executive Order 95-74, which motivated agencies to repeal some ten thousand rules; however, most of those repeals were of outdated or un-enforced rules, and the deregulatory push had little substantive effect. #

Bondi’s filing contends that “Strong gubernatorial action in holding agency rulemaking accountable in the wake of constitutional and statutory reform in the 1990s demonstrates that rulemaking oversight from the state’s chief administrative officer is appropriate – indeed expected – under Florida law.” #

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