Purpose
Pursuant to section 120.54(4)(b), Florida Statutes, this emergency rule is a rule pertaining to the public health, safety, and welfare as it involves the interpretation and implementation of the requirements of chapters 97-102 and 105 of the Florida Election Code. This emergency rule implements statutory changes as set forth in chapter 2007-30, Laws of Florida, which pertain to the creation of a process for revocation of signature on initiative petitions. There is insufficient time to create a new rule prior to the effective date of the law that created a petition revocation process. The amendment to s. 100.371, F.S., permits electors to revoke their signatures on an initiative petition within 150 days of the date that they signed the form; therefore, procedures must be in place on the effective date of the amendment so that electors may exercise their right of revocation. The absence of a rule with applicable procedures for the revocation of signatures on initiative petitions will have an adverse effect of the conduct of elections in the State of Florida. The statute creating the ability of electors to revoke their signatures on initiative petitions mandated that the petition-revocation form and the manner in which signatures are obtained, submitted, and verified must be subject to the same relevant requirements and timeframes that exist for the corresponding initiative petition form and processes. Therefore, this emergency rule is necessary: 1) To establish the procedures for permitting electors to revoke their signatures on initiative petitions proposing constitutional amendments that they had signed; and 2) To ensure and maintain the efficiency, integrity, and public confidence in the electoral process. The Department of State further finds that the adoption of this rule is necessary to prevent an immediate danger to the public health, safety and welfare.