The purpose of this rulemaking is to comport with Section 916.107(7), Florida Statutes, directing the agency to establish rules so that facility staff may assist clients in registering and voting in primary and general elections.

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.: RULE TITLE:

65G-9.002  Right to Vote in Public Elections

PURPOSE AND EFFECT: The purpose of this rulemaking is to comport with Section 916.107(7), Florida Statutes, directing the agency to establish rules so that facility staff may assist clients in registering and voting in primary and general elections.

SUMMARY: These rules implement the provisions of Section 916.107(7), Florida Statutes which authorize the Agency to adopt rules so that the facility staff may assist clients in registering to vote and in voting in primary and general elections.

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: Specifically, the Agency relied upon the nature of the rules and the agency’s analysis of factors determining that a SERC was not required.

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: 916.1093(2) FS.

LAW IMPLEMENTED: 916.107(7) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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 48 hours before the workshop/meeting by contacting: Michele Lucas. 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: Michele Lucas, Agency for Persons with Disabilities, 4030 Esplanade Way, Suite 335K, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

65G-9.002 Right to Vote in Public Elections.

(1) Any forensic client not adjudicated incompetent under the provisions of Chapter 744, F.S., or otherwise disqualified by law, and meeting the legal age and residency requirements of the state shall, if he or she requests, be assisted in registering to vote and in voting in public elections.

(2) A client who is properly registered to vote in a county other than the county of placement, shall be assisted in making application for a vote-by-mail ballot in that county if he or she so requests. A client who is not registered to vote shall be assisted in registering in the county of his permanent residence, if he or she so requests.

(3) If a client requests assistance in voting, registering, or in getting information about voting requirements, staff at the facility shall assist the client in obtaining the information.

Rulemaking Authority 916.1093(2) FS. Law Implemented 916.107(7) FS. History–New ______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michele Lucas

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Barbara Palmer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 22, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 10, 2016