AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC. (ACLU-FL); COMMON CAUSE FLORIDA (CCF); AND FLORIDA SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE CHAPTER (FSCLC) vs DEPARTMENT OF STATE, 04-002341RX (2004)
Court: Division of Administrative Hearings, Florida
Number: 04-002341RX
Visitors: 17
Petitioner: AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC. (ACLU-FL); COMMON CAUSE FLORIDA (CCF); AND FLORIDA SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE CHAPTER (FSCLC)
Respondent: DEPARTMENT OF STATE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of State
Locations: Tallahassee, Florida
Filed: Jul. 07, 2004
Status: Closed
DOAH Final Order on Thursday, May 26, 2005.
Latest Update: May 26, 2005
Summary: The Department`s rule was contrary to statute. The Department was not substantially justified in promulgating the rule.
Docket for Case No: 04-002341RX
| Issue Date |
Proceedings |
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May 26, 2005 |
Final Order on Motion for Attorneys` Fees. CASE CLOSED.
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Mar. 23, 2005 |
Respondent`s Opposition to Petitioners` Motion for Attorneys` Fees filed.
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Mar. 21, 2005 |
Affidavit of Ben R. Patterson in Support of Motion for Attorney Fees filed.
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Mar. 21, 2005 |
Affidavit of Counsel Supporting Motion for Attorneys` Fees (filed by Petitioners).
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Mar. 21, 2005 |
Motion for Attorneys` Fees (filed by Petitioners).
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Mar. 17, 2005 |
Order Granting Motion for Briefing Schedule (Petitioners shall file their motion for attorneys` fees on or before March 21, 2005, Respondent shall file its response to the motion on or before March 28, 2005).
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Mar. 15, 2005 |
Joint Motion to Establish Briefing Schedule filed.
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Feb. 25, 2005 |
Order of Pre-hearing Instructions.
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Feb. 25, 2005 |
Notice of Hearing (hearing set for March 21, 2005; 9:00 a.m.; Tallahassee, FL).
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Feb. 14, 2005 |
Respondent`s Response to Order on Hearing filed.
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Feb. 11, 2005 |
Response to Court Order.
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Jan. 24, 2005 |
Order Lifting Stay (the Motion to Close File is denied).
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Jan. 05, 2005 |
Respondent`s Reply in Support of Motion to Close File filed.
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Dec. 31, 2004 |
Response to Motion to Close File filed.
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Dec. 20, 2004 |
Respodent`s Motion to Close Case filed.
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Sep. 28, 2004 |
Order Granting Motion to Stay (motion is granted, issue of attorneys` fees is stayed until a determination is made whether Respondent will appeal the Final Order).
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Sep. 27, 2004 |
Unopposed Motion to Stay Attorneys` Fees Issues (via efiling by Jerry Traynham).
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Aug. 27, 2004 |
Final Order (hearing held July 27, 2004). DOAH JURISDICTION RETAINED.
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Aug. 25, 2004 |
Notice of Voluntary Dismissal of SVREP (filed via facsimile).
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Aug. 18, 2004 |
Petitioners` and Intervenor`s Proposed Order (via efiling by Jerry Traynham).
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Aug. 13, 2004 |
Respondent`s Proposed Final Order filed.
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Aug. 13, 2004 |
Order Granting Extension (Proposed Final Orders due August 18, 2004).
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Aug. 12, 2004 |
Unopposed Request for Enlargement of Filing Period (via efiling by Jerry Traynham).
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Aug. 05, 2004 |
Transcript filed. |
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Jul. 27, 2004 |
CASE STATUS: Hearing Held. |
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Jul. 27, 2004 |
(Joint) Prehearing Stipulation filed.
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Jul. 27, 2004 |
Unopposed Motion to Permit Testimony of Eugene Poole by Telephone filed by B. Patterson.
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Jul. 26, 2004 |
Order Granting Official Recognition.
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Jul. 26, 2004 |
Order Granting Petition to Intervene. (People for the American Way Foundation)
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Jul. 23, 2004 |
Notice of Emergency Telephonic Hearing (filed by R. Mitchell via facsimile).
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Jul. 21, 2004 |
Petition for Leave to Intervene (American Way Foundation) filed.
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Jul. 20, 2004 |
Order Granting Extension (joint pre-hearing stipulation due July 26, 2004).
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Jul. 19, 2004 |
Petitioners` Requests for Admissions (via efiling by Jerry Traynham).
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Jul. 19, 2004 |
Petitioners` Responses to Requests for Admissions (via efiling by Jerry Traynham).
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Jul. 16, 2004 |
Respondent`s First Request for Admissions and Interlocking Set of Interrogatories filed.
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Jul. 16, 2004 |
Agreed Motion to Extend Deadline for Filing Joint Pre-hearing Stipulation filed by G. Waas.
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Jul. 12, 2004 |
Respondent`s Second Request for Official Recognition filed.
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Jul. 12, 2004 |
Order of Pre-hearing Instructions.
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Jul. 12, 2004 |
Notice of Hearing (hearing set for July 27, 2004; 9:00 a.m.; Tallahassee, FL).
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Jul. 09, 2004 |
Respondent`s Request for Official Recognition filed.
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Jul. 07, 2004 |
Order of Assignment.
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Jul. 07, 2004 |
Petition to Determine the Invalidity of Rules (filed via facsimile).
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Orders for Case No: 04-002341RX
| Issue Date |
Document |
Summary |
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May 26, 2005 |
DOAH Final Order
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The Department`s rule was contrary to statute. The Department was not substantially justified in promulgating the rule.
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Aug. 27, 2004 |
DOAH Final Order
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Rule prohibiting manual recounts on touchscreen voting systems was contrary to Section 102.166, Florida Statutes, and thus, an invalid exercise of delegated legislative authority.
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Source: Florida - Division of Administrative Hearings
