LET'S HELP FLORIDA, A POLITICAL COMMITTEE, APPELLANT,
v.
BRUCE SMATHERS, AS SECRETARY OF STATE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Let's Help Florida challenged an emergency rule issued by the Florida Secretary of State that imposed an earlier deadline for submitting constitutional amendment petitions. The court held that the rule was invalid because the Secretary failed to demonstrate an immediate danger to public health, safety, or welfare sufficient to justify emergency rulemaking.
The court held that emergency rule ICER-78-8 was invalid and void because the Secretary failed to demonstrate an immediate danger to public health, safety, or welfare. The court found that the Secretary's inability to foresee administrative problems with deadline submissions constituted an avoidable administrative failure rather than grounds justifying emergency rulemaking.
[1] An emergency rule is improperly promulgated when the stated reason for its necessity does not constitute an immediate danger to the public health, safety, or welfare.
[2] An administrative failure to foresee foreseeable administrative problems does not justify the adoption of an emergency rule.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“This court does not consider the reason given as constituting an 'immediate danger'.”
The court's threshold finding that the Secretary failed to meet the statutory standard for emergency rulemaking.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Secretary of State promulgated emergency rule ICER-78-8 requiring constitutional amendment petitions to be submitted to supervisors of elections b…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Public Health, Safety, And Welfare cases and more on FLexlaw
PER CURIAM.
By this appeal, Let’s Help Florida, a political committee, challenges the promulgation of emergency rule ICER-78-8 by the Secretary of State, Bruce Smathers. This case was consolidated with ease # KK-154, in which a separate opinion of this court has previously been filed.1
Emergency rule ICER-78-8, here challenged, provides as follows:
“Petitions proposing amendments to the constitution by the initiative method shall be submitted to the appropriate supervisor of elections no later then July 21,1978 for the purpose of the verification of signatures contained on such petitions. No later than 5:00 p. m. of the ninety-first day prior to the general election the supervisor of elections shall notify the Division of Elections of the number of signatures of a particular petition found to be valid.”
The Secretary’s reason for finding an immediate danger to the public health, safety and welfare necessitating the promulgation of the emergency rule is set forth as follows:
“SPECIFIC REASON FOR FINDING AN IMMEDIATE DANGER TO PUBLIC HEALTH, SAFETY AND WELFARE : The Florida constitution requires that the initiative process for amending the constitution be invoked by filing the petition with the Secretary of State. To attain ballot position for the 1978 general election a petition having sufficient signatures must be filed no later than August 8, 1978. This filing is accomplished by the supervisors of election notifying the Division of Elections of the number of valid signatures verified. The Florida State Association of Supervisors of Elections has advised the division of the severe problems encountered by the submission of several thousands of petitions at the time near the deadline for filing the petition and certified verification with the division. The supervisors have recommended that any petitions be submitted no later than July 21, 1978 in order to better insure an accurate and complete verification procedure.”
This court does not consider the reason given as constituting an “immediate danger”. The Secretary’s failure to foresee the submission of several thousand petitions at the time near the deadline and the concomitant problems constitutes an avoidable administrative failure and does not justify the adoption of an emergency rule. Postal Colony Co., Inc. v. Askew, 348 So. 2d 338, (Fla. 1st DCA 1977).
Therefore, without regard to the validity of the rule or the constitutional issues raised by the parties, we hold that the Secretary improperly promulgated emergency rule ICER-78-8 because it was not necessary for the public health, safety or welfare. ICER-78-8 is invalid and void.
BOYER, Acting C. J., and MELVIN and BOOTH, JJ., concur. . 360 So. 2d 494, Case No. KK-154, opinion filed July 13, 1978.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cianbro Corp. v. Jacksonville Transp. Auth., 473 So. 2d 209 (Fla. 1st DCA 1985)…uspensions or extensions of the statutory schedule. That principle binds the state in its most fundamental functions.... ” Postal Colony [*213] Company, Inc. v. Askew, 348 So. 2d 338, 342 (Fla. 1st DCA 1977). See also, Lets Help Florida v. Smathers, 360 So. 2d 496, 497 (Fla. 1st DCA 1978) (“... an avoidable administrative failure ... does not justify the adoption of an emergency rule....”) JTA does not dispute petitioners’ assertion that under 33 C.F.R., Section 114.-45, an extension of the Coast Guard bridg…
-
Krajenta v. Division OF Workers' Compensation, 376 So. 2d 1200 (Fla. 2d DCA 1979)…which the issue has arisen, have not been hesitant in striking down emergency rules which were not adopted in strict compliance with Section 120.54(9). Times Publishing Co. v. Florida Department of Corrections, supra; Let’s Help Florida v. Smathers, 360 So. 2d 496 (Fla. 1st DCA 1978); Postal Colony Co., Inc. v. Askew, supra. Cf. Calder Race Course v. Board of Business Regulation, 319 So. 2d 67 (Fla. 1st DCA 1975). An agency may adopt an emergency rule if (1) it finds that an immediate danger to the public he…
-
Golden Rule Ins. Co. v. Dep't OF Ins., 586 So. 2d 429 (Fla. 1st DCA 1991)…found were rooted in avoidable administrative failure and/or inaction. Postal Colony Co., Inc. v. Askew, 348 So. 2d 338, 342 (Fla. 1st DCA 1977), aff'd sub nom. Askew v. Cross Key Waterways, 372 So. 2d 913 (Fla.1978); Let’s Help Florida v. Smathers, 360 So. 2d 496 (Fla. 1st DCA 1978). We find no meaningful distinction between the reasons given by the agency for Rule 4ER91-1 and the reasons rejected by this court in the Postal Colony and Let’s Help Florida decisions. Accordingly, we grant the petition and quas…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Postal Colony Co., Inc. v. Reubin O'D. Askew, 348 So. 2d 338 (Fla. 1st DCA 1977)
- Let's Help Florida v. Smathers, 360 So. 2d 494 (Fla. 1st DCA 1978)