4444169, 1SER07-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 4444169

Notice of Emergency Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Overview

RULE:

1SER07-2

Constitutional Amendment Initiative Petition Revocation; Petition Approval; Submission Deadline; Signature Verification

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Pursuant to section 120.54(4)(b), Florida Statutes, this emergency rule is a rule pertaining to the public health, safety, and welfare as it involves the interpretation and implementation of the requirements of chapters 97-102 and 105 of the Florida Election Code. This emergency rule implements statutory changes as set forth in chapter 2007-30, Laws of Florida, which pertain to the creation of a process for revocation of signature on initiative petitions. There is insufficient time to create a new rule prior to the effective date of the law that created a petition revocation process. The amendment to s. 100.371, F.S., permits electors to revoke their signatures on an initiative petition within 150 days of the date that they signed the form; therefore, procedures must be in place on the effective date of the amendment so that electors may exercise their right of revocation.  The absence of a rule with applicable procedures for the revocation of signatures on initiative petitions will have an adverse effect of the conduct of elections in the State of Florida.  The statute creating the ability of electors to revoke their signatures on initiative petitions mandated that the petition-revocation form and the manner in which signatures are obtained, submitted, and verified must be subject to the same relevant requirements and timeframes that exist for the corresponding initiative petition form and processes.   Therefore, this emergency rule is necessary:  1) To establish the procedures for permitting electors to revoke their signatures on initiative petitions proposing constitutional amendments that they had signed; and 2) To ensure and maintain the efficiency, integrity, and public confidence in the electoral process.  The Department of State further finds that the adoption of this rule is necessary to prevent an immediate danger to the public health, safety and welfare.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Division of Elections is aware of the rulemaking procedures prescribed by Section 120.54, Florida Statutes. That process requires advance notice to the general public of intended rules and the opportunity to submit comments on the intended rule, prior to the agency’s adoption of the rule. The time period for general rulemaking takes at least 60 days and will prevent the timely amendment and adoption of a rule needed to mandate the implementation of these provisions regarding revocation of initiative petitions by the effective date (August 1, 2007) of the statutory provisions.  Rulemaking could not occur earlier due to waiting upon the Governor’s action on Senate Bill 900, which also contained procedures for the petition revocation process.  The Governor vetoed Senate Bill 900 on June 26, 2007.  Currently, there are over 30 approved initiative petitions which are potentially affected by the amendments contained within chapter 2007-30, Laws of Florida.  This rule is necessary to have a procedure in place on the effective date of the statutory provisions for those who wish to take advantage of the amended laws to remove their signature from approved initiative petitions.  The Department of State has initiated rulemaking to create Rule 1S-2.0095, Florida Administrative Code, to incorporate the text of the emergency rule permanently and it held a rule development workshop on the subject matter of the rule on July 23, 2007.  To the extent feasible and permissible by law, this emergency rule has incorporated the public comments received at the rule development workshop.

SUMMARY:

This emergency rule provides uniform provisions that permit electors to revoke their signatures on initiative petitions.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Gary J. Holland, Assistant General Counsel, Division of Elections, Department of State, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399, (850) 245-6536.

PRINT PUBLISH DATE:

8/10/2007 Vol. 33/32

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=1SER07-2&PDate=8/10/2007&Section=4

REFERENCE MATERIALS:

No reference(s).

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