1S-2.0011: Constitutional Amendment Ballot Position
PURPOSE AND EFFECT: This proposed rule implements the Florida Supreme Court’s holding that the initiative revocation law violates the state constitution. Initiative petition sponsors will no longer have to wait until February 1 of the election year to obtain a designating number for ballot position if the initiative petition obtains the requisite number of signatures before February 1.
SUMMARY: The rule clarifies the ballot position process when initiative amendments and other forms of proposed amendments are filed. The rule will permit designating numbers for ballot position to be assigned to initiative amendments when the initiative petition obtains the requisite number of signature if ballot position is obtained by February 1 of the election year.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 20.10(3), 97.012(1), 101.161(2) FS.
LAW IMPLEMENTED: Art XI, Fla. Const., 100.371, 101.161 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: May 24, 2010, 1:00 p.m.
PLACE: Room 307, R. A. Gray Building, Department of State, 500 S. Bronough Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Eddie Phillips, Executive Assistant, Department of State, (850)245-6536; email: elphillips@dos.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gary J. Holland, Assistant General Counsel, Department of State, at (850)245-6536; email: gjholland@dos.state.fl.us
THE FULL TEXT OF THE PROPOSED RULE IS:
1S-2.0011 Constitutional Amendment Ballot Position.
(1) The Director of the Division of Elections shall assign in the following manner a designating number to any proposed revision or amendment to the State Constitution for placement on the general election ballot:
(a) The ballot position of each proposed revision or amendment shall correspond to the designating number assigned by the director. A designating number may not be assigned to a constitutional amendment by initiative until the Secretary of State has issued a certificate of ballot position in accordance with Section 100.371, F.S.
(b) All revisions submitted by a revision commission or constitutional convention shall be considered to be one set, but each individual revision received shall be assigned a designating number in the manner and order determined by the convention or commission. Revisions shall be titled and designated as such together with the assigned designating number. For example, the set of revisions would begin with No. 1, Constitutional Revision.
(c) Amendments submitted by the Florida Legislature or proposed by initative shall be titled and designated as an amendment with the assigned designating number. For example, the amendment designation would be No. 2, Constitutional Amendment.
(d)1. Revision proposals and proposed amendments shall be assigned designating numbers in consecutive ascending numerical sequence in the order of:
a. Receipt by the Secretary of State, or his or her designee, of the constitutional convention or commission revision proposal,
b. The filing of the legislative resolution containing the proposed amendment with the Division of State Library, Archives and Records Services, or
c. The Secretary of State’s certification of ballot position of a constitutional amendment proposed by initiative.
2. Initiative amendments deemed filed on the same date as other revision proposals or proposed amendments shall be assigned the number received in a random drawing of lots containing the remaining available designating numbers.
(2) No later than February 2 of the election year, the Director of the Division of Elections shall assign and post the designating numbers for proposed amendments or revisions to the constitution that have been properly filed by February 1 of the year the general election is held. Thereafter, through the 91st day prior to the election, the Division shall assign and post designating numbers within 24 hours after a joint resolution or proposal for amending or revising the constitution from a revision commission, constitutional convention, or taxation and budget reform commission is filed with the Secretary of State. Designating numbers shall be assigned and publicly announced promptly after 5:00 p.m. on February 1 preceding the general election date.
(3) In the event a proposed revision or amendment is removed or stricken from the ballot subsequent to its attaining ballot position and being assigned a designating number, all other proposals shall retain the number assigned. The designating number of the stricken proposal shall not be reused, unless that proposal is reinstated.
Rulemaking Specific Authority 20.10(3), 97.012(1), 101.161(2) FS. Law Implemented Art. XI, Fla. Const., 100.371, 101.161 FS. History– New 8-9-78, Amended 4-17-79, Formerly 1C-7.011, 1C-7.0011, Amended 3-16-06, 10-15-07,_______.