Subject


The Division of Elections is aware of the rulemaking procedures prescribed by Section 120.54, Florida Statutes. That process requires advance notice to the general public of intended rules and the opportunity to submit comments on the intended rule, prior to the agency’s adoption of the rule. The time period for general rulemaking takes at least 60 days and will prevent the timely amendment and adoption of a rule needed to mandate the implementation of these provisions regarding revocation of initiative petitions by the effective date (August 1, 2007) of the statutory provisions. Rulemaking could not occur earlier due to waiting upon the Governor’s action on Senate Bill 900, which also contained procedures for the petition revocation process. The Governor vetoed Senate Bill 900 on June 26, 2007. Currently, there are over 30 approved initiative petitions which are potentially affected by the amendments contained within chapter 2007-30, Laws of Florida. This rule is necessary to have a procedure in place on the effective date of the statutory provisions for those who wish to take advantage of the amended laws to remove their signature from approved initiative petitions. The Department of State has initiated rulemaking to create Rule 1S-2.0095, Florida Administrative Code, to incorporate the text of the emergency rule permanently and it held a rule development workshop on the subject matter of the rule on July 23, 2007. To the extent feasible and permissible by law, this emergency rule has incorporated the public comments received at the rule development workshop.