23111334, 1SER20-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23111334

Notice of Emergency Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Overview

RULE:

1SER20-1

Designation of Division of Elections as Filing Office for Department of State; Requirements for Candidate Qualifying Papers; Withdrawal of Candidacy.

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

A public health emergency and state of emergency have been ordered or declared by the Governor in Executive Orders No. 20-51 and 20-52 for the entire state in response to the COVID-19 virus.  These and other orders and guidance limit person-to-person contact in various ways to prevent the spread of the virus, which makes it more difficult for candidates to collect and submit the necessary items to qualify for ballot placement pursuant to section 99.061, Fla. Stat., and Rule 1S-2.0001, F.A.C.

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

The Division has received comments and concerns from candidates currently seeking to qualify for ballot placement.  The state of emergency, orders, and guidance are quickly evolving over time.  Permitting circulation and submission of qualifying items by means other than personal contact prevents spread of the virus, while otherwise maintaining the qualifying process for candidates and supporting the state’s important interests in the process as well.  The Division of Elections is aware of the rulemaking procedures prescribed by Section 120.54, Florida Statutes, but due to the immediate and evolving nature of the state of emergency, regular rulemaking is too lengthy in both adoption and effect.  Candidate qualifying is April 20-24 and June 8-12, with respective and additional 14-day pre-submission periods.

SUMMARY:

Removes the requirement that the qualifying items be “original[s] and signatures thereon…be made in ink” so that these items can be collected, notarized, and submitted with limited person-to-person contact.  Notary statements on required forms will be revised accordingly.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Ashley E. Davis at (850) 245-6536 or ashley.davis@dos.myflorida.com.

PRINT PUBLISH DATE:

4/3/2020 Vol. 46/66

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://flrules.org/gateway/ruleno.asp?id=1SER20-1&PDate=4/3/2020&Section=4

REFERENCE MATERIALS:

Ref-00292 DS-DE9
Ref-08924 DS-DE 300FO
Ref-08925 DS-DE 301SL
Ref-08926 DS-DE 302NP
Ref-08927 DS-DE 303JU
Ref-08928 DS-DE 304SB
Ref-08929 DS-DE 305CM
Ref-08930 DS-DE 306WP
Ref-11912 DSDE306WP
Ref-11913 DS-DE 300FO
Ref-11914 DS-DE 303JU
Ref-11915 DS-DE 304SB
Ref-11916 DS-DE 302NP
Ref-11917 DS-DE 305CM
Ref-11918 DS-DE 301SL

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.