The purpose of rulemaking is to conform the rules to statutory changes in HB 5 (Chapter 2019-64, Laws of Florida), and as further modified by SB 1794 (Chapter 2020-15, Laws of Florida), which collectively amend sections ....

 

DEPARTMENT OF STATE

Division of Elections

RULE NOS.:RULE TITLES:

1S-2.009Constitutional Amendment by Initiative Petition

1S-2.0091Constitutional Amendment Initiative Petition; Submission Deadline; Signature Verification

PURPOSE AND EFFECT: The purpose of rulemaking is to conform the rules to statutory changes in HB 5 (Chapter 2019-64, Laws of Florida), and as further modified by SB 1794 (Chapter 2020-15, Laws of Florida), which collectively amend sections 97.021 and 100.371, Florida Statutes. The laws require, among other things, paid petition circulators to register with the Secretary of State; require petition forms to be made available to constitutional amendment initiative petition sponsors; require the Secretary to maintain a paid petition circulator database; require supervisors of elections to provide specified information to the Division of Elections; provide requirements for gathering petition forms; provide for the imposition of fines for failure to deliver petition forms within a specified time period and provide for defenses; allow the Secretary to refer petition form violations to the Attorney General for enforcement; require the Division of Elections to adopt rules; and provide that the date the elector signs a petition form is presumed to be the date the sponsor collected the form. The changes to the rules are to incorporate these and other changes in the law.

SUBJECT AREA TO BE ADDRESSED: Constitutional amendment by initiative petition and related processes for petition circulators, supervisors, and the division of elections.

RULEMAKING AUTHORITY: 20.10, 97.012(1), (2), 97.052, 100.371, FS.

LAW IMPLEMENTED: 97.021, 100.371, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

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: Colleen O’Brien at [phone] or [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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Colleen O'Brien, Assistant General Counsel, at [e-mail] or [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.