~- Edwar A. Tellechea Senior Assistant Attorney General. -c: ,.., s:: . ~- ;:, ;:::; ;:r,. '"0

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1 OFFICE OF THE ATTORNEY GENERAL Administrative Law Bureau PAM BONDI ATTORNEY GENERAL STATE OF FLORIDA Edward A Tellechea Senior Assistant Attorney General Chief; Administrative Law Bureau PL-0 1, The Capitol Phone (850) Fax (850) ed. tellechea@myfl oridalegal com http 1/www myflondalezalcom April 9, 2012 Ms. Susan Stafford Chief Attorney Joint Administrative Procedure Committee Room 120, Holland Building Tallahassee, Florida Re: - Rule , Ms. Stafford:,.., r-- r.-...,. C; -c: v..,.. -.s I (; (; s:: -- ).) _),..;. ;:::; ;:r,. '"0 ::0 0 u 0 <:r ;J -:} --- (') ;:,., 171 v Thank you for your correspondence of March 8, 2012 regarding the above-referenced rule. Since I serve as legal counsel to the Florida Election Commission, I have been asked to respond on behalf of the Commission. The Commission is currently in the process of conducting a comprehensive rewrite of its rules. The issue raised in your correspondence of March sth will be addressed at the Commissions May, 2012 meeting. I will notify you of the results shortly thereafter. Sincerely, c_. ( - Edwar A. Tellechea Senior Assistant Attorney General cc: Tim Holladay, Chair Rosanna Catalano, Executive Director

2 MIKE HARIDOPOLOS President THE FLORIDA LEGiSLATURE JOINT ADMINISTRATIVE PROCEDURES COMMITTEE DEAN CANNON Speaker Senator Ellyn Setnor Bogdanoff, Chair Representative Lake Ray, Vice Chair Senator Mike Fasano Senator Rene Garcia Senator Alan Hays Senator Bill Montford Senator Christopher L. "Chris" Smith Representative Frank Artiles Representative Matt Gaetz Representative Tom Goodson Repr esentative Hazelle P "Hazel" Rogers Representative Barbara Watson March 12, 2012 KENNETH J.. PLANTE COORDINATOR Room 680, Pepper Building 111 W. Madison Street Tallahassee, Florida Telephone (850) Fax (850) state fl.us joint.admin.procedur es@leg.. state.. ll.us Mr. Eric Lipman General Counsel Department of Legal Affairs 1 07 West Gaines Street Collins Building, Suite 224 RE: Rules 2B-2.001,.002 f"t1 r-,.,.,,!) r.c l -..., ::! ;::) :i<- 3: c I 'l >- m 2... :0 (/;. ':')...,, n ("") ""'1 a- - c:: m -- "':!'' :: "),..J. J 1J < tr.:j -F." m > 0 0 w 4..: Ul Dear Mr. Lipman: Pmsuant to the authority granted to the committee in section (1), Florida Statutes, to examine existing rules, I have reviewed the referenced rules and have the following comments: Rules 2B and 2B-2.002, F.A.C., entitled "Authority" and "Purpose," do not appear to meet the definition of a rule in section (16), F.S. Please review and consider whether these rules should be repealed. Please do not hesitate to call if you have any questions. Sincerely, Chief Attorney SS:sn c:\word\ss\err2b LS _2294

3 Fw: Rule Developments for Elections Commission rules Rosanna Catalano to Donna Malphurs, Rebecca Marsey - - -,- -"-''''' 03/14/ :34PM Put in the May meeting materials.... Rosanna Catalano Executive Director 107 W, Gaines Street Collins Building, Suite 224 rosanna _catalano@myfloridalegal _com (850) (850) fax www_ fec,statejlus ** Florida has broad public record laws, Please note that all correspondence to or from me may be subject to disclosure, "- FoiWarded by Rosanna Catalano/OAG on 03/14/ :33PM - " -" From: To: Cc: Date: Subject: Nancy Murphy/OAG Rosanna Catalano/OAG@OAG Ed Tellechea/OAG@OAG 03/14/ :32PM Rule Developments for Elections Commission rules Hi Ro- Attached are copies of the rule development notices which have been submitted to the Dept. of State for publication in the FAW. They will appear in the March 30th issue of the FAW. Let me know if you have any questions,. 2B-1-RD doc 2B-2-RD2-12.doc Nancy Nancy A. Murphy, CP, FRP Operations and Management Consultant I Office of the Attorney General PL-01, The Capitol fax

4 DEPARTMENT OF LEGAL AFFAIRS NOTICE OF PROPOSED RULE DEVELOPMENT RULE NO.: 2B B B B-L003 2B B-L0045 2B B-L0052 2B-L0055 2B B-L007 RULE TITLE: Definitions Complaints Investigation of Complaints; Staff Recommendations; and Probable Cause Deteiminations Minor Violations Hearings Before the Commission Award of Attorney's Fees Appeal of Fines Imposed by Filing Officers Fine Imposed; Timely Filed Repoits Late-filed Repmts; Unusual Circumstances Appeal of Adverse Decision for Contributions fiom Election Campaign Financing Tmst Fund Appeal of Fine by Members of County Canvassing Board PURPOSE AND EFFECT: The Elections Commission intends to review all its mles to deteimine whether any mle amendments are necessary or if it is appropriate to repeal any of the mles. SUBJECT AREA TO BE ADDRESSED: The review of all the Commission's mles to deteimine whether any amendments are necessaiy or if it is appropriate to repeal any of the mles.. RULEMAKING AUTHORITY: (3), (2), (5), , 10635,12053 FS LAW IMPLEMENTED: , (2), , (8), (8), (5), , (5) FS IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE SCHEDULED AND ANNOUNCED IN THE FA W. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rosanna Catalano, Executive Director,, Depaitinent of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.

5 DEPARTMENT OF LEGAL AFFAIRS RULE NO.: 2B B B B B B B B NOTICE OF PROPOSED RULE DEVELOPMENT RULE TITLE: Authority Purpose Public Inspection and Duplication Final Orders Indexed Numbering of Final Orders System for Indexing Final Orders Maintenance ofrecords Plan PURPOSE AND EFFECT: The Elections Commission intends to review all its mles to determine whether any mle amendments are necessary or if it is appropriate to repeal any of the mles. SUBJECT AREA TO BE ADDRESSED: The review of all the Commission's mles to determine whether any amendments are necessary or if it is appropriate to repeal any of the mles.. RULEMAKING AUTHORITY: FS. LAW IMPLEMENTED: (3), (2)-(4) FS IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE SCHEDULED AND ANNOUNCED IN THE FA W. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Rosanna Catalano, Executive Director,, Department of Legal Affairs, PL-01, The Capitol, Tallahassee, Florida THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE..