Florida State University Safe Signs Agency Case Study

A state statutecreated the “Safe Signs Agency” (SSA). The statute allows SSA to promulgate rules relating to highway signs in order to “promote the safe operation of motor vehicles and advance the greater public good. ” At a meeting that was unannounced and not open to the public, the SSA promulgated “Regulation A ” which provides: No new houses shall be constructed in this state until the state’s accidental highway death rate decreases for at least two consecutive years. The members of the SSA did not keep any meeting notes or other record of their discussions at the meeting. “Regulation A” did not set out any process for a challenge or variance. Bob Benefactor wants to construct several new houses for low-income families. He is prohibited from doing so by “Regulation A” because the state’s rate of accidental highway deaths has yet to decrease. QUESTION: Discuss challenges to “Regulation A” that Benefactor may bring