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FLORIDA DEMOCRATIC PARTY v. HOOD

No. 1D04-4667.

884 So.2d 1148 (2004)

FLORIDA DEMOCRATIC PARTY, Petitioner, v. Glenda HOOD, Secretary of State of Florida, and The Florida Department of State, Respondent.

District Court of Appeal of Florida, First District.

October 28, 2004.

Attorney(s) appearing for the Case

E. Gary Early and Mark Herron of Messer, Caparello & Self, Tallahassee; Richard B. Rosenthal of the Law Offices of Richard B. Rosenthal, P.A., Miami; and Mitchell W. Berger of Berger, Singerman, Fort Lauderdale, for petitioner.

Charlie Crist, Attorney General, and John J. Rimes, III, Assistant Attorney General, Tallahassee, for respondents.

PER CURIAM.

The Florida Democratic Party (FDP) petitions for review of an emergency rule adopted by the Florida Department of State. It contends that the findings of immediate danger, necessity, and procedural fairness on which Emergency Rule 1SER04-1 is based are insufficient under section 120.54(4), Florida Statutes (2004), requiring a showing of such circumstances, and Florida case law. We deny the petition, but certify to the supreme court a question which we...

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