24485824, 1S-2.009 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 24485824

Notice of Development of Rulemaking

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Chapter:

ELECTIONS

Overview

RULE:

1S-2.009	Constitutional Amendment by Initiative Petition
1S-2.0091	Constitutional Amendment Initiative Petition; Submission Deadline; Signature Verification

PURPOSE:

The purpose of rulemaking is to conform the rules to statutory changes in HB 5 (Chapter 2019-64, Laws of Florida), and as further modified by SB 1794 (Chapter 2020-15, Laws of Florida), which collectively amend sections 97.021 and 100.371, Florida Statutes. The laws require, among other things, paid petition circulators to register with the Secretary of State; require petition forms to be made available to constitutional amendment initiative petition sponsors; require the Secretary to maintain a paid petition circulator database; require supervisors of elections to provide specified information to the Division of Elections; provide requirements for gathering petition forms; provide for the imposition of fines for failure to deliver petition forms within a specified time period and provide for defenses; allow the Secretary to refer petition form violations to the Attorney General for enforcement; require the Division of Elections to adopt rules; and provide that the date the elector signs a petition form is presumed to be the date the sponsor collected the form. The changes to the rules are to incorporate these and other changes in the law.

SUBJECT:

Constitutional amendment by initiative petition and related processes for petition circulators, supervisors, and the division of elections.

RULEMAKING AUTHORITY:

20.10, 97.012(1), (2), 97.052, 100.371

LAW:

97.021, 100.371

PRINT PUBLISH DATE:

5/4/2021 Vol. 47/86

RELATED STATUTES
AND LAWS:

20.10, 97.012(1), (2), 97.052, 100.371, 97.021, 100.371

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=1S-2.009&PDate=5/4/2021&Section=1

REFERENCE MATERIALS:

No reference(s).

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