This rule pertains to the Polling Place Procedures Manual which is incorporated by reference (DS-DE 11). This manual is used by election officials and poll workers to implement elections laws and processes during early voting and on Election Day. ...

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.034Polling Place Procedures Manual

PURPOSE AND EFFECT: This rule pertains to the Polling Place Procedures Manual which is incorporated by reference (DS-DE 11). This manual is used by election officials and poll workers to implement elections laws and processes during early voting and on Election Day. The proposed revisions are necessary to conform to changes in Florida Statutes (Chapter 2013-57, Laws of Florida), which became effective on January 1, 2014, and clarifies procedures at the precincts to resolve issues encountered by voters and poll workers.

SUMMARY: This rule needs to be revised to conform to changes in Ch. 2013-57, Laws of Florida, which became effective January 1, 2014.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: This rule will not require legislative ratification pursuant to Section 120.541(3), F.S., because the rule applies only to election-related activities. Based upon past experiences with rules of this nature, this rule will not have an adverse effect on businesses or private-sector economic growth, job-creation, employment or investment; it is not likely to have an adverse impact on business competitiveness nor innovation in excess of the statutory threshold; nor will it increase regulatory costs in excess of the threshold mandating legislative ratification. No other statute requires legislative ratification for this rule.

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.

RULEMAKING AUTHORITY: 20.10(3), 97.012(1), 102.014(5) FS.

LAW IMPLEMENTED: 102.014(5) 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:

DATE AND TIME: May 8, 2014, 11:00 a.m.

PLACE: Room 307, R.A. Gray Building, 500 S. Bronough Street, Tallahassee, Florida 32399

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 3 days before the workshop/meeting by contacting: Brandy Hedges, Department of State, [phone], [e-mail]. 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: Jordan Jones, Assistant General Counsel, [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.034 Polling Place Procedures Manual.

The Department of State, Division of Elections, is required to create a polling place procedures manual to guide election officials and poll workers in the proper implementation of election procedures and laws. Form DS-DE 11 (effective 05/2014 1/2012), entitled “Polling Place Procedures Manual,” is hereby incorporated by reference and available at the following link: https://www.flrules.org/gateway/reference.asp?NO=Ref-______00946. The form is also available from the Division of Elections, R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contact at [phone], or by download from the Division of Elections’ rules webpage at: http://election.dos.state.fl.us/index.html.

Rulemaking Authority 20.10(3), 97.012(1), 102.014(5) FS. Law Implemented 102.014 FS. History–New 7-4-02, Amended 1-25-04, 3-16-06, 1-1-08, 8-13-08, 8-25-10, 1-18-12, __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jordan Jones, Assistant General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth W. Detzner

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 11, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 28, 2013