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FLORIDA HOMETOWN DEMOCRACY v. BROWNING

No. 1D07-6024.

980 So.2d 547 (2008)

FLORIDA HOMETOWN DEMOCRACY, INC. PAC and Lesley G. Blackner, Appellants, v. Kurt S. BROWNING, in his capacity as the Secretary of State and head of the Department of State; the State of Florida, Department of State, Division of Elections; and Save Our Constitution, Inc., Appellees.

District Court of Appeal of Florida, First District.

April 23, 2008.

Attorney(s) appearing for the Case

Mark Herron and Albert T. Gimbel of Messer, Caparello & Self, Tallahassee, and Ross Stafford Burnaman, Tallahassee, for Appellants.

Bill McCollum, Attorney General, Scott D. Makar, Solicitor General, Craig D. Feiser and Courtney Brewer, Deputy Solicitors General, and Blaine H. Winship, Assistant Attorney General, Tallahassee, and Lynn C. Hearn, General Counsel, Florida Department of State, Tallahassee, for Appellees Kurt S. Browning, and the State of Florida, Department of State, Division of Elections.

John French, Tallahassee, for Appellee Save Our Constitution, Inc.

ALLEN, J.

The appellants challenge an order by which the trial court entered final summary judgment for the appellees and denied the appellants' motion for summary judgment in the appellants' action for declaratory judgment and injunctive relief. The appellants contend that section 25 of chapter 2007-30, Laws of Florida, and emergency implementing rules 1SER07-1 and 1SER07-2 of the Florida Department of State, all asserting regulatory authority over the citizen initiative...

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