This rule is being amended to clarify the requirements of the rule relating to the qualifying office and financial interests form, to include the correct oaths on forms incorporated by reference, and to reduce the number of forms.

 

DEPARTMENT OF STATE

Division of Elections

RULE NO.:RULE TITLE:

1S-2.0001Designation of Division of Elections as Filing Office for Department of State; Requirements for Candidate Qualifying Papers; Withdrawal of Candidacy

PURPOSE AND EFFECT: This rule is being amended to clarify the requirements of the rule relating to the qualifying office and financial interests form, to include the correct oaths on forms incorporated by reference, and to reduce the number of forms.

SUMMARY: This rule sets out the qualifying requirements and forms for candidates running for elected offices.

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: 20.05(1)(e), 20.10(3), 97.012(1), 99.061(10), 103.022, FS.

LAW IMPLEMENTED: 20.05(1)(b), 99.061, 99.095, 103.022, 105.031(1), 105.035, FS. 20.05(1)(b), 99.061, 99.095, 103.022, 105.031(1), 105.035, FS. 20.05(1)(b), 99.061, 99.095, 103.022, 105.031(1), 105.035, 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: November 8, 2017; 2:00 p.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: Ashley Black, 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: Gary Holland, Assistant General Counsel, at [phone] or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

1S-2.0001 Designation of Division of Elections as Filing Office for Department of State; Requirements for Candidate Qualifying Papers; Withdrawal of Candidacy.

(1) Designation of Division of Elections as a filing office.

(a) The Department of State has designated the Division of Elections as the filing or qualifying office The Division of Elections, Room 316, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250 is hereby designated on behalf of the Department of State as the filing or qualifying office, that is, the official address and the location for candidates seeking to qualify for nomination or election to any federal, state, legislative, multicounty or judicial office with the exception of county court judge. Candidates for the office of county court judge shall qualify with the supervisor of elections for that county. The Division of Elections’ official address and official physical location is Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. 

(b) All qualifying items papers required to be filed with the Department of State as the office where the candidate is required to qualify shall be filed with the Division of Elections. 

(2) Filing Timeline.

(a) Timely filing is of the essence in qualifying as a candidate. In order to be deemed timely filed with the qualifying office, qualifying items must actually be present at the qualifying office’s official physical location by the close of the qualifying period.  The U.S. Postal Service does not deliver mail directly to the Division of Elections. The U.S. Postal Service’s designated hours for mail pick-up do not correspond to the qualifying deadline. To ensure that the qualifying items are timely submitted, candidates or someone on their behalf should hand-deliver directly to the Division or use a commercial express courier delivery service that delivers directly to the Division.

(b) Each supervisor of elections and other qualifying officer shall designate a specific official physical location that will serve as a qualifying office and publish the address of that office on the qualifying officer’s website.

(c) Qualifying items shall be deemed filed with the qualifying office upon the date of actual receipt by the qualifying office, except for those qualifying items accepted and held during the 14-day period before the beginning of the qualifying period pursuant to Sections 99.061(8) and 105.031(6), F.S.  The qualifying items that are received and held during the 14-day period before the beginning of the qualifying period shall not be deemed filed until the beginning of the qualifying period.

(3)(2) Qualifying items papers.

(a) Except as noted herein, any qualifying item paper filed with a qualifying office, whether the Division of Elections or a supervisor of elections, must be an original and signatures thereon must also be made in ink.

(b) A facsimile, email, photocopy, scanned copy or any type of electronically transmitted document shall not be accepted as a qualifying item paper, except a candidate who has filed a current full and public disclosure or statement of financial interests with the Florida Commission on Ethics or the supervisor of elections prior to qualifying for office may file a copy of that disclosure at the time of qualifying. A current full and public disclosure or statement of financial interests is one that covers the immediately preceding calendar or tax year and is on the applicable Florida Commission on Ethics’ form for that year. For example, for a qualifying period that occurs in 20184, the current full and public disclosure or statement of financial interests form would be one that covers the 20173 calendar or tax year.

(3) Filing timeline. Qualifying papers shall be deemed filed by the qualifying office upon the date of actual receipt by the qualifying office, except for those qualifying papers accepted and held during the 14-day period before the beginning of the qualifying period to be processed and filed during the qualifying period pursuant to Section 99.061(8), F.S. The qualifying papers that are received and held during the 14-day period before the beginning of the qualifying period shall not be deemed filed until the beginning of the qualifying period.

(4) Forms.

(a) The following qualifying forms for candidates required by Sections 99.061, 103.022 and 105.031, F.S., are hereby incorporated by reference:

1. DS-DE 9 (Rev. 10/10) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00292), entitled, “Appointment of Campaign Treasurer and Designation of Campaign Depository for Candidates.”

2. DS-DE 24NF (Rev. ___/___5/11) (insert new hyperlink http://www.flrules.org/Gateway/reference.asp?No=Ref-00293), entitled, “Non-Federal Candidate Oath – Candidate with Party Affiliation.”

3. DS-DE 24A (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00294), entitled, “Candidate Oath – Write-In Candidate.”

4. DS-DE 24B (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00295), entitled, “Candidate Oath – Candidate with No Party Affiliation.”

35. DS-DE 24C (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00296), entitled, “Candidate Oath – Precinct Committeemen and Committeewomen.”

46. DS-DE 24D (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00314), entitled, “Candidate Oath – District Committeemen and Committeewomen.”

57. DS-DE 24E (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00315), entitled, “Candidate Oath – State Committeemen and Committeewomen.”

68. DS-DE 24F (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00316), entitled, “Candidate Oath – School Board Write-In Candidate.”

79. DS-DE 25 (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00297), entitled, “Candidate Oath – Nonpartisan Office.”

810. DS-DE 25A (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00298), entitled “Candidate Oath – School Board Nonpartisan Office.”

911. DS-DE 26 (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00299), entitled, “Judicial Office Candidate Oath.”

1012. DS-DE 26A (Rev. 5/11) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00300), entitled, “Judicial Office Candidate Oath – Write-In Candidate.”

1113. DS-DE 27F (Rev. __/__5/11) (insert new hyperlinkhttp://www.flrules.org/Gateway/reference.asp?No=Ref-00301), entitled “Federal Candidate Oath – Candidate with Party Affiliation.”

14. DS-DE 27A (Rev. __/__5/11) (insert new hyperlinkhttp://www.flrules.org/Gateway/reference.asp?No=Ref-00302), entitled “Federal Candidate Oath – Write-In Candidate.”

15. DS-DE 27B (Rev. __/__5/11) (insert new hyperlinkhttp://www.flrules.org/Gateway/reference.asp?No=Ref-00303), entitled “Federal Candidate Oath – Candidate with No Party Affiliation.”

1216. DS-DE 85 (Rev. 10/10) (http://www.flrules.org/Gateway/reference.asp?No=Ref-00304), entitled, “Oath of Candidate Write-In for President and Vice President.”

(b) The forms in paragraph (4)(a) are 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’s webpage at: http://dos.myflorida.com/elections/forms-publications/forms/ http://election.dos.state.fl.us/forms/index.shtml.

(5) Candidate withdrawal. A candidate may withdraw his or her candidacy by submitting a document specifying the candidate’s withdrawal from the particular public office he or she seeks to the qualifying office before which he or she qualifies (or has qualified) by mail, facsimile, email, photocopy, scanned copy or other type of electronic transmission that contains the signature of the candidate. The withdrawal is not effective until it is received by the qualifying office.

Rulemaking Authority 20.05(1)(e), 20.10(3), 97.012(1), 99.061(10), 103.022 FS. Law Implemented 20.05(1)(b), 99.061, 99.095, 103.022, 105.031(1), 105.035 FS. History–New 12-6-84, Formerly 1C-7.001, 1C-7.0001, Amended 2-13-90, 11-7-10, 9-7-11, 1-1-14, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gary Holland, Assistant General Counsel

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 03, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 5, 2016