This action is taken to repeal the entirety of the subject rule and its incorporated forms based upon the Florida Supreme Court’s opinion in Browning v. Florida Hometown Democracy, Inc., No. SC08-884, (Fla. Feb. 18, 2010), that the revocation ...

DEPARTMENT OF STATE
Division of Elections

RULE NO: RULE TITLE
1S-2.0095: Constitutional Amendment Initiative Petition Revocation; Petition Approval; Submission Deadline; Signature Verification
PURPOSE AND EFFECT: This action is taken to repeal the entirety of the subject rule and its incorporated forms based upon the Florida Supreme Court’s opinion in Browning v. Florida Hometown Democracy, Inc., No. SC08-884, (Fla. Feb. 18, 2010), that the revocation provisions of Section 100.371, Florida Statutes, and this rule violate the Florida Constitution and are void and without effect.
SUMMARY: The rule being repealed implemented the amendments in 2007 and 2008 to Section 100.371, Florida Statutes, which permitted revocations of signed petition forms for constitutional initiative amendments. The rule established the procedures and forms for revocation petitions.
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), 100.371(7), 101.61 FS.
LAW IMPLEMENTED: 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: April 26, 2010, 1:00 p.m.
PLACE: Arts Learning Gallery, First Floor, R. A. Gray Building, Department of State, 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 5 days before the workshop/meeting by contacting: Eddie Phillips, Executive Assistant, Department of State, at [phone]; email: [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: Gary J. Holland, Assistant General Counsel, Department of State, at [phone]; email: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

1S-2.0095 Constitutional Amendment Initiative Petition Revocation; Petition Approval; Submission Deadline; Signature Verification.

Rulemaking Specific Authority 20.10(3), 97.012(1), 100.371(7), 101.161 FS. Law Implemented 100.371, 101.161 FS. History–New 10-15-07, Amended 10-13-08, Repealed________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Gary J. Holland, Assistant General Counsel, Department of State
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kurt S. Browning, Secretary of State
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 16, 2010