FPCA Homeowners Division: Effect of Suspended Rulemaking on SERC Challenge
Jan 4, 2011
Privileged & Confidential – Attorney/Client Communication
FPCA Homeowners Division Members:
As our firm has reported, by Executive Order signed today, January 4, 2011, newly inaugurated Florida Governor Rick Scott has suspended all rulemaking by Florida regulatory agencies, effective immediately.
Among four other Executive Orders and an official Code of Ethics promulgated today, Governor Scott’s Order 11-01 establishes the Office of Fiscal Accountability and Regulatory Reform (“OFARR”) to review all rules (including those suspended by the Order) prior to promulgation. All agency practices and contracts also will be reviewed. Meanwhile, agencies will be prohibited from promulgating rules unless they obtain prior approval from the OFARR.
We anticipate that the Governor’s Order will result in a halt of the rulemaking process, and a review by the OFARR, of proposed Rules 19-8.029 and 19-8.030 regarding the Florida Hurricane Catastrophe Fund. Nonetheless, we recommend that the FPCA preserve its rights to challenge the Statement of Estimated Regulatory Costs as planned, by submitting a response to the State Board of Administration by the previously established statutory deadline of Friday, January 7.
Therefore, please continue to provide comments and data regarding regulatory costs to comply with these proposed rules and the forms that they adopt. We will keep you apprised of updates in the rulemaking process as they develop.
Should you have any questions, please do not hesitate to contact our offices.
