4444072, 1SER07-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 4444072

Notice of Emergency Rule

Department:

DEPARTMENT OF STATE

Division:

Division of Elections

Overview

RULE:

1SER07-1

Constitutional Amendment Initiative Petition; 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 legislative changes as set forth in chapter 2007-30, Laws of Florida, which pertain to new requirements for a supervisor of elections to verify a signature of an elector on initiative petitions.  The legislative changes also provide new requirements for electors to have their signatures count, i.e., the elector must be the person who dates the petition form, the elector now may choose to provide a voter registration number in lieu of his or her date of birth on the petition form, and the elector at the time he or she signs the form, must be a registered elector in the county in which the signature is eventually submitted.   There is insufficient time to create a new rule incorporating amendments to Rule 1S-2.0091 prior to the effective date of these changes in the law. Procedures must be in place on the effective date of the amendment so that supervisors know what is required for verification and so that electors may properly exercise their right to sign initiative petitions.  The absence of a rule with up-to-date applicable procedures for verification of initiative petitions will have an adverse effect of the conduct of elections and the initiative process in the State of Florida.  Therefore, this emergency rule is necessary:  1) To establish the procedures for supervisors of elections to verify the signatures of electors on initiative petitions proposing constitutional amendments; 2) To make the electors and political committees know what is required when signing an initiative petition; and 3) 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.  Florida’s electors are active in signing initiative petitions; currently, there are over 30 approved initiative petitions to amend the state’s constitution.   This rule is necessary to have a procedure in place on the effective date of the statutory changes for those who wish to take advantage of their right to sign initiative petitions.  The Department of State has initiated rulemaking to create Rule 1S-2.0091, 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 implements new legislative changes relating to the requirements for verification of signatures on initiative petitions and adopts procedures for the Secretary of State to deduct from the verified signatures those signatures which have been properly revoked in accordance with the newly legislatively-created revocation process.  It also deletes obsolete procedures that were applicable prior to January 1, 2007.

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

REFERENCE MATERIALS:

No reference(s).

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