CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 1504
Amendment No. 1 Barcode 431580
CHAMBER ACTION
Senate House
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11 The Committee on Ethics and Elections recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. In section 97.021, Florida Statutes, as
19 amended by section 2 of chapter 2001-40, Laws of Florida,
20 present subsections (2) through (31) are redesignated as
21 subsections (3) through (32), respectively, present
22 subsections (32) and (33)are redesignated as subsections (34)
23 and (35) respectively, and present subsections (34) through
24 (36) are redesignated as subsections (37) through (38)
25 respectively. New subsections (2), (33) and (36) are added to
26 that section to read:
27 97.021 Definitions.--For the purposes of this code,
28 except where the context clearly indicates otherwise, the
29 term:
30 (2) "Alternative formats" has the meaning ascribed in
31 the Americans with Disabilities Act of 1990, Pub. L. No.
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1 101-336, 42 U.S.C. ss. 12101 et seq., including specifically
2 the technical-assistance manuals promulgated thereunder, as
3 amended.
4 (33) "Tactile input device" means a device that
5 provides information to a voting system by means of a voter
6 touching the device, such as a keyboard, and which complies
7 with the requirements of s. 101.56062(1)(k) and (l).
8 (36) "Voter interface device" means any device which
9 communicates voting instructions and ballot information to a
10 voter and which allows the voter to select and vote for
11 candidates and issues.
12 Section 2. Section 97.026, Florida Statutes, is
13 created to read:
14 97.026 Forms to be available in alternative formats
15 and via Internet.--All forms required to be used in chapters
16 97-106, Florida Statutes, shall be made available upon
17 request, in alternative formats. Such forms shall include
18 absentee ballots as alternative formats for absentee ballots
19 become available and the Division of Elections is able to
20 certify systems which provide them. Whenever possible, such
21 forms shall be made available by the Department of State via
22 the Internet. Sections that contain such forms include, but
23 are not limited to, ss. 97.051, 97.052, 97.053, 97.057,
24 97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055, 98.075,
25 99.021, 100.361, 100.371, 101.045, 101.171, 101.20, 101.6103,
26 101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and
27 106.087.
28 Section 3. Section 97.1035, Florida Statutes, is
29 created to read:
30 97.1035 Certification of TTY/TDD device by supervisors
31 of elections; training of staff.--Each supervisor of elections
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SENATE AMENDMENT
Bill No. SB 1504
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1 shall, at least annually, certify to the Secretary of State
2 that all branches of the supervisor's office at which public
3 inquiry telephone calls are handled have a functioning TTY/TDD
4 device for communication, by persons who are hearing-impaired,
5 with the supervisor's office and that all members of the
6 supervisor's staff whose duties include communicating with the
7 public have been trained on said device. This requirement
8 shall include all switchboards or call routing centers which
9 may answer public inquiry telephone calls and then route them
10 to the appropriate office of the supervisor.
11 Section 4. Subsection (3) of section 97.061, Florida
12 Statutes, is amended to read:
13 97.061 Special registration for electors requiring
14 assistance.--
15 (3) Upon registering any person pursuant to this
16 section, the supervisor must make a notation on the
17 registration books or records which are delivered to the polls
18 on election day that such person is eligible for assistance in
19 voting, and the supervisor may issue such person a special
20 registration identification card or make some notation on the
21 regular registration identification card that such person is
22 eligible for assistance in voting. Such person shall be
23 entitled to receive the assistance of two election officials
24 or some other person of his or her own choice, other than the
25 person's employer, the agent of the person's employer, or an
26 officer or agent of the person's union, without the necessity
27 of executing the "Declaration to Secure Assistance" prescribed
28 in s. 101.051. Such person shall notify the supervisor of any
29 change in his or her condition which makes it unnecessary for
30 him or her to receive assistance in voting.
31 Section 5. Subsection (1) of section 98.065, Florida
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1 Statutes, is amended to read:
2 98.065 Registration list maintenance programs.--
3 (1) The supervisor must conduct a general registration
4 list maintenance program to protect the integrity of the
5 electoral process by ensuring the maintenance of accurate and
6 current voter registration records. The program must be
7 uniform, nondiscriminatory, and in compliance with the Voting
8 Rights Act of 1965. As used in this subsection, the term
9 "nondiscriminatory" applies to and includes persons with
10 disabilities.
11 Section 6. Section 98.122, Florida Statutes, is
12 created to read:
13 98.122 Use of closed captioning and descriptive
14 narrative in all television broadcasts.--Each candidate,
15 political party, and political committee must use closed
16 captioning and descriptive narrative in all television
17 broadcasts on behalf of, or sponsored by, a candidate,
18 political party, or political committee, or file a written
19 statement with the Division of Elections of the Department of
20 State setting forth the reasons for not doing so. The
21 Department of State shall adopt rules to establish and enforce
22 penalties for failing to file such a statement. The Department
23 of State may adopt rules in accordance with s. 120.54
24 necessary to administer this section.
25 Section 7. Paragraphs (a) and (d) of subsection (1) of
26 section 100.361, Florida Statutes, are amended to read:
27 100.361 Municipal recall.--
28 (1) RECALL PETITION.--Any member of the governing body
29 of a municipality or charter county, hereinafter referred to
30 in this section as "municipality," may be removed from office
31 by the electors of the municipality. When the official
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1 represents a district and is elected only by electors residing
2 in that district, only electors from that district are
3 eligible to sign the petition to recall that official and are
4 entitled to vote in the recall election. When the official
5 represents a district and is elected at-large by the electors
6 of the municipality, all electors of the municipality are
7 eligible to sign the petition to recall that official and are
8 entitled to vote in the recall election. Where used in this
9 section, the term "district" shall be construed to mean the
10 area or region of a municipality from which a member of the
11 governing body is elected by the electors from such area or
12 region. Members may be removed from office by the following
13 procedure:
14 (a) A petition shall be prepared naming the person
15 sought to be recalled and containing a statement of grounds
16 for recall in not more than 200 words limited solely to the
17 grounds specified in paragraph (b). If more than one member
18 of the governing body is sought to be recalled, whether such
19 member is elected by the electors of a district or by the
20 electors of the municipality at-large, a separate recall
21 petition shall be prepared for each member sought to be
22 recalled. Upon request, the content of a petition should, but
23 is not required to, be provided in alternative formats.
24 1. In a municipality or district of fewer than 500
25 electors, the petition shall be signed by at least 50 electors
26 or by 10 percent of the total number of registered electors of
27 the municipality or district as of the preceding municipal
28 election, whichever is greater.
29 2. In a municipality or district of 500 or more but
30 fewer than 2,000 registered electors, the petition shall be
31 signed by at least 100 electors or by 10 percent of the total
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1 number of registered electors of the municipality or district
2 as of the preceding municipal election, whichever is greater.
3 3. In a municipality or district of 2,000 or more but
4 fewer than 5,000 registered electors, the petition shall be
5 signed by at least 250 electors or by 10 percent of the total
6 number of registered electors of the municipality or district
7 as of the preceding municipal election, whichever is greater.
8 4. In a municipality or district of 5,000 or more but
9 fewer than 10,000 registered electors, the petition shall be
10 signed by at least 500 electors or by 10 percent of the total
11 number of registered electors of the municipality or district
12 as of the preceding municipal election, whichever is greater.
13 5. In a municipality or district of 10,000 or more but
14 fewer than 25,000 registered electors, the petition shall be
15 signed by at least 1,000 electors or by 10 percent of the
16 total number of registered electors of the municipality or
17 district as of the preceding municipal election, whichever is
18 greater.
19 6. In a municipality or district of 25,000 or more
20 registered electors, the petition shall be signed by at least
21 1,000 electors or by 5 percent of the total number of
22 registered electors of the municipality or district as of the
23 preceding municipal election, whichever is greater.
24
25 Electors of the municipality or district making charges
26 contained in the statement of grounds for recall and those
27 signing the recall petition shall be designated as the
28 "committee." A specific person shall be designated in the
29 petition as chair of the committee to act for the committee.
30 Electors of the municipality or district are eligible to sign
31 the petition. Signatures and oaths of witnesses shall be
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1 executed as provided in paragraph (c). All signatures shall
2 be obtained within a period of 30 days, and the petition shall
3 be filed within 30 days after the date the first signature is
4 obtained on the petition.
5 (d) The petition shall be filed with the auditor or
6 clerk of the municipality or charter county, or his or her
7 equivalent, hereinafter referred to as clerk, by the person
8 designated as chair of the committee, and, when the petition
9 is filed, the clerk shall submit such petition to the county
10 supervisor of elections who shall, within a period of not more
11 than 30 days after the petition is filed with the supervisor,
12 determine whether the petition contains the required valid
13 signatures. The petition cannot be amended after it is filed
14 with the clerk. The supervisor shall be paid by the persons
15 or committee seeking verification the sum of 10 cents for each
16 name checked. Upon filing with the clerk, the petition and all
17 subsequent papers or forms required or permitted to be filed
18 with the clerk in connection with this section must, upon
19 request, be made available in alternative formats.
20 Section 8. Subsection (3) of section 100.371, Florida
21 Statutes, is amended to read:
22 100.371 Initiatives; procedure for placement on
23 ballot.--
24 (3) The sponsor of an initiative amendment shall,
25 prior to obtaining any signatures, register as a political
26 committee pursuant to s. 106.03 and submit the text of the
27 proposed amendment to the Secretary of State, with the form on
28 which the signatures will be affixed, and shall obtain the
29 approval of the Secretary of State of such form. The
30 Secretary of State shall adopt promulgate rules pursuant to s.
31 120.54 prescribing the style and requirements of such form.
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1 Upon filing with the Secretary of State, the text of the
2 proposed amendment and all forms filed in connection with this
3 section must, upon request, be made available in alternative
4 formats.
5 Section 9. Section 101.017, Florida Statutes, is
6 amended to read:
7 101.017 Bureau of Voting Systems Certification.--There
8 is created a Bureau of Voting Systems Certification within the
9 Division of Elections of the Department of State which shall
10 provide technical support to the supervisors of elections and
11 which is responsible for voting system standards and
12 certification. The bureau shall cooperate and consult with the
13 Disability Advisory Council as provided in s. 101.018. The
14 positions necessary for the bureau to accomplish its duties
15 shall be established through the budgetary process.
16 Section 10. Section 101.018, Florida Statutes, is
17 created to read:
18 101.018 Disability Advisory Council.--There is created
19 the Disability Advisory Council within the Department of
20 State. The Secretary of State shall appoint the members of the
21 Disability Advisory Council, which shall consist of nine
22 persons, all of whom must be knowledgeable in the area of
23 voting accessibility for persons having a disability, and a
24 majority of whom must be persons having a disability. The
25 membership must include a representative who is
26 hearing-impaired, a representative who is blind, a
27 representative who has developmental disabilities, and a
28 representative who has physical disabilities.
29 (1) The council shall:
30 (a) Advise and consult with the Bureau of Voting
31 Systems Certification of the Division of Elections concerning
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1 the implementation of accessibility standards for voting
2 systems and polling places, as such standards currently exist
3 or as subsequently adopted.
4 (b) Advise and consult with the Division of Elections
5 on the development of test procedures to verify compliance
6 with standards for the accessibility of new voting systems,
7 voting system components, and modules.
8 (c) Advise the Division of Elections on methods and
9 means to increase election participation by persons having a
10 disability.
11 (d) Develop an accessibility survey for use by all
12 Supervisors of Elections to determine compliance with the
13 accessibility standards for polling places.
14 (e) Recommend to the Secretary of State standards for
15 exemptions from the application of the accessibility standards
16 for polling places provided in s. 101.715.
17 (f) Study and report to the Secretary of State, on an
18 ongoing basis, concerning voting via use of the Internet.
19 (g) Study and report to the Secretary of State on
20 voting using telephones or telephone components, including
21 TTY/TDD. It is the intent of the Legislature that the
22 inclusion of this study as a function of the Disability
23 Advisory Council not prevent or delay the certification of any
24 voting system that uses telephones or telephone components
25 that are otherwise certifiable before the study.
26 (h) Study and report to the Secretary of State on
27 whether the 5 pounds of force required to operate or activate
28 the controls on any voting system, as required in s.
29 101.56062, is low enough for persons who have limited strength
30 in their hands or fingers, including the elderly.
31 (i) Compare the accessibility standards set forth in
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1 ss. 101.56062 and 101.715 with the voluntary Voting Systems
2 Standards adopted by the Federal Elections Commission, and
3 report to the Secretary of State on the results of the
4 comparison.
5 (j) Study and report to the Secretary of State, on an
6 ongoing basis, concerning the accessibility of absentee
7 ballots to voters having a disability. It is the intent of the
8 Legislature that all means of voting in this state, including
9 voting by absentee ballot, be fully accessible to voters
10 having a disability.
11 (k) Report annually to the legislature suggestions for
12 how voting systems and procedures may be improved to increase
13 access for persons with disabilities.
14 (l) Perform any additional functions deemed
15 appropriate by the Secretary of State relating to voting
16 accessibility by persons having a disability.
17 (2) The terms for the first three council members
18 appointed after the effective date of this section shall be
19 for 4 years, the terms for the next three council members
20 appointed shall be for 3 years, and the terms for the next
21 three members shall be for 2 years. Thereafter, all council
22 member appointments shall be for terms of 4 years. A council
23 member may not serve more than two 4-year terms after the
24 effective date of this section. Any member of the council may
25 be replaced by the secretary after three unexcused absences.
26 (3) Members of the council shall serve without
27 compensation but are entitled to reimbursement for per diem
28 and travel expenses as provided by s. 112.061.
29 (4) The council shall meet at least four times per
30 year until September 1, 2004, and thereafter at least two
31 times per year, at a time and place to be determined by the
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1 council, but may meet more often, as the the council members
2 or Division of Elections deem necessary.
3 Section 11. Subsections (4) and (5) of section
4 101.051, Florida Statutes, are repealed.
5 Section 12. Section 101.51, Florida Statutes, is
6 amended to read:
7 101.51 Electors to occupy booth alone; time allowed.--
8 (1) When the elector presents himself or herself to
9 vote, the election official shall ascertain whether the
10 elector's name is upon the register of electors, and, if the
11 elector's name appears and no challenge interposes, or, if
12 interposed, be not sustained, one of the election officials
13 stationed at the entrance shall announce the name of the
14 elector and permit him or her to enter the booth or
15 compartment to cast his or her vote, allowing only one elector
16 at a time to pass through to vote. No elector, while casting
17 his or her ballot, may shall occupy a booth or compartment
18 longer than 5 minutes or be allowed to occupy a booth or
19 compartment already occupied or to speak with anyone, except
20 as provided by s. 101.051, while in the polling place.
21 (2) If an elector requires longer than 5 minutes, then
22 upon a sufficient reason he or she may be granted a longer
23 period of time by the election officials in charge. After
24 casting his or her vote, the elector shall at once leave the
25 polling room by the exit opening and shall not be permitted to
26 reenter on any pretext whatever. After the elector has voted,
27 or declined or failed to vote within 5 minutes, he or she
28 shall immediately withdraw from the polling place. If the
29 elector refuses to leave after the lapse of 5 minutes, he or
30 she shall be removed by the election officials.
31 Section 13. Effective upon this act becoming a law,
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1 section 101.56062, Florida Statutes, is created to read:
2 101.56062 Standards for accessible voting systems.--
3 (1) Notwithstanding anything in this chapter to the
4 contrary, after November 30, 2002, each voting system
5 certified by the Department of State for use in local, state,
6 and federal elections must include accessible voter interface
7 devices in the system configuration which will allow the
8 system to meet the following minimum standards:
9 (a) The voting system must provide a tactile-input or
10 speech-input device, or both.
11 (b) The voting system must provide a method by which
12 voters can confirm any tactile or audio input by having the
13 capability of audio output using synthetic or recorded human
14 speech that is reasonably phonetically accurate.
15 (c) Any operable controls on the input device which
16 are needed for voters who are visually impaired must be
17 discernable tactilely without actuating the keys.
18 (d) Audio and visual access approaches must be able to
19 work both separately and simultaneously.
20 (e) If a nonaudio access approach is provided, the
21 system may not require color perception. The system must use
22 black text or graphics, or both, on white background or white
23 text or graphics, or both, on black background, unless the
24 office of the Secretary of State approves other high-contrast
25 color combinations that do not require color perception.
26 (f) Any voting system that requires any visual
27 perception must offer the election official who programs the
28 system, prior to its being sent to the polling place, the
29 capability to set the font size, as it appears to the voter,
30 from a minimum of 14 points to a maximum of 24 points.
31 (g) The voting system must provide audio information,
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1 including any audio output using synthetic or recorded human
2 speech or any auditory feedback tones that are important for
3 the use of the audio approach, through at least one mode, by
4 handset or headset, in enhanced auditory fashion (increased
5 amplification), and must provide incremental volume control
6 with output amplification up to a level of at least 97 dB SPL.
7 (h) For transmitted voice signals of the voter, the
8 voting system must provide a gain adjustable up to a minimum
9 of 20 dB with at least one intermediate step of 12 dB of gain.
10 (i) For the safety of others, if the voting system has
11 the possibility of exceeding 120 dB SPL, then a mechanism
12 shall be included to reset the volume automatically to the
13 voting system's default volume level after every use, for
14 example when the handset is replaced, but not before. Also,
15 universal precautions in the use and sharing of headsets
16 should be followed.
17 (j) If sound cues and audible information such as
18 "beeps" are used, there must be simultaneous corresponding
19 visual cues and information.
20 (k) Controls and operable mechanisms must be operable
21 with one hand, including operability with a closed fist, and
22 operable without tight grasping, pinching, or twisting of the
23 wrist.
24 (l) The force required to operate or activate the
25 controls must be no greater than 5 pounds of force.
26 (m) Either voting booths must have voting controls at
27 a minimum height of 36 inches above the finished floor with a
28 minimum knee clearance of 27 inches high, and the booth must
29 be a minimum of 30 inches wide and a minimum of 19 inches
30 deep, or the accessible voter interface devices must be
31 designed so as to allow their use on top of a table to meet
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1 these requirements. Tabletop installations must include
2 adequate screens for privacy.
3 (n) Any audio ballot must provide the voter with the
4 following functionalities:
5 1. After the initial instructions that the system
6 requires election officials to provide to each voter, the
7 voter should be able to independently operate the voter
8 interface through the final step of casting a ballot without
9 assistance.
10 2. The voter must be able to determine the races that
11 he or she is allowed to vote in and to determine which
12 candidates are available in each race.
13 3. The voter must be able to determine how many
14 candidates may be selected in each race.
15 4. The voter must be able to have confidence that the
16 physical or vocal inputs given to the system have selected the
17 candidates that he or she intended to select.
18 5. The voter must be able to review the candidate
19 selections that he or she has made.
20 6. Prior to the act of casting the ballot, the voter
21 must be able to change any selections previously made and
22 confirm a new selection.
23 7. The system must communicate to the voter the fact
24 that the voter has failed to vote in a race or has failed to
25 vote the number of allowable candidates in any race and
26 require the voter to confirm his or her intent to undervote
27 before casting the ballot.
28 8. The system must prevent the voter from overvoting
29 any race.
30 9. The voter must be able to input a candidate's name
31 in each race that allows a write-in candidate.
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1 10. The voter must be able to review his or her
2 write-in input to the interface, edit that input, and confirm
3 that the edits meet the voter's intent.
4 11. There must be a clear, identifiable action that
5 the voter takes to "cast" the ballot. The system must make
6 clear to the voter how to take this action so that the voter
7 has minimal risk of taking the action accidentally but, when
8 the voter intends to cast the ballot, the action can be easily
9 performed.
10 12. Once the ballot is cast, the system must confirm
11 to the voter that the action has occurred and that the voter's
12 process of voting is complete.
13 13. Once the ballot is cast, the system must preclude
14 the voter from modifying the ballot cast or voting or casting
15 another ballot.
16 (2) After November 30, 2002, state or federal funds
17 may not be used by any county or municipality to purchase
18 voting systems or voting system components that do not meet
19 the accessibility standards established by this section.
20 (3) A voting system that was certified before the
21 effective date of this section is not decertified. However:
22 (a) Any voting system used in any local, state, or
23 federal election after September 1, 2004, must have at least
24 one voter interface device installed in each precinct which
25 meets the requirements of section 101.56062, F.S., except for
26 subsection 101.56062(1)(d), F.S.
27 (b) For elections after November 30, 2004, the
28 Department of State in consultation with the Disability
29 Advisory Council and the supervisors of elections, will adopt
30 rules establishing requirements and timeframes for
31 installation of additional accessible voter interface devices
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1 throughout the state.
2 (4) It is the intent of the Legislature that this
3 state be eligible for any funds that are available from the
4 Federal Government to assist states in providing or improving
5 accessibility of voting systems and polling places for persons
6 having a disability. Accordingly, all state laws, rules,
7 standards, and codes governing voting systems and polling
8 place accessibility must be maintained to assure the state's
9 eligibility to receive federal funds. It is the intent of the
10 Legislature that all state requirements meet or exceed the
11 minimum federal requirements for voting systems and polling
12 place accessibility.
13 Section 14. Section 101.662, Florida Statutes, is
14 created to read:
15 101.662 Accessibility of absentee ballots.--It is the
16 intent of the Legislature that voting by absentee ballot be by
17 methods that are fully accessible to all voters, including
18 voters having a disability. The Department of State shall work
19 with the Disability Advisory Council and the supervisors of
20 elections to develop and implement procedures and
21 technologies, as possible, which will include procedures for
22 providing absentee ballots, upon request, in alternative
23 formats that will allow all voters to cast a secret,
24 independent, and verifiable absentee ballot without the
25 assistance of another person.
26 Section 15. Effective July 1, 2004, subsection (2) of
27 section 101.71, Florida Statutes, as amended by section 25 of
28 chapter 2001-40, Laws of Florida, is amended to read:
29 101.71 Polling place.--
30 (2) Notwithstanding the provisions of subsection (1),
31 whenever the supervisor of elections of any county determines
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1 that the accommodations for holding any election at a polling
2 place designated for any precinct in the county are
3 unavailable, or are inadequate for the expeditious and
4 efficient housing and handling of voting and voting
5 paraphernalia, or do not comply with the requirements of s.
6 101.715, the supervisor shall may provide, not less than 30
7 days prior to the holding of an election, provide for that the
8 voting place for such precinct to shall be moved to another
9 site that is which shall be accessible to the public on
10 election day in said precinct or, if such is not available, to
11 another site that is which shall be accessible to the public
12 on election day in a contiguous precinct. If such action of
13 the supervisor results in the voting place for two or more
14 precincts being located for the purposes of an election in one
15 building, the voting places for the several precincts involved
16 shall be established and maintained separate from each other
17 in said building. When any supervisor moves any polling place
18 pursuant to this subsection, the supervisor shall, not more
19 than 30 days or fewer than 7 days prior to the holding of an
20 election, give notice of the change of the polling place for
21 the precinct involved, with clear description of the voting
22 place to which changed, at least once in a newspaper of
23 general circulation in said county. A notice of the change of
24 the polling place involved shall be mailed, at least 14 days
25 prior to an election, to each registered elector or to each
26 household in which there is a registered elector.
27 Section 16. Effective July 1, 2004, section 101.715,
28 Florida Statutes, is amended to read:
29 (Substantial rewording of section. See
30 s. 101.715, F.S., for present text.)
31 101.715 Accessibility of polling places for people
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1 having a disability.--
2 (1) All polling places must be accessible and usable
3 by people with disabilities, as provided herein.
4 (2) Only those polling places complying with the
5 Florida Accessibility Code for Building Construction, ss.
6 553.501-553.513, Florida Statutes, for all portions of the
7 polling place or the structure in which it is located that
8 voters traverse going to and from the polling place and during
9 the voting process, regardless of the age or function of the
10 building, shall be used for federal, state, and local
11 elections.
12 (3) The selection of a polling site must assure
13 accessibility with respect to the following accessible
14 elements, spaces, scope, and technical requirements:
15 accessible route, space allowance and reach ranges, protruding
16 objects, ground and floor surfaces, parking and passenger
17 loading zones, curb ramps, ramps, stairs, elevators, platform
18 lifts, doors, entrances, path of egress, controls and
19 operating mechanisms, signage, and all other minimum
20 requirements.
21 (4) Standards required at each polling place,
22 regardless of the age of the building or function of the
23 building, include:
24 (a) One or more signed accessible parking spaces for
25 disabled persons;
26 (b) Signage identifying an accessible path of travel
27 to the polling place if it differs from the primary route or
28 entrance;
29 (c) An unobstructed path of travel to the polling
30 place;
31 (d) Level, firm, stable, and slip-resistant surfaces;
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1 (e) An unobstructed area for voting; and
2 (f) Sufficient lighting along the accessible path of
3 travel and within the polling place.
4 (5) Upon request, all ballots, instructions, and
5 printed materials at each polling place must also be available
6 in alternative formats.
7 (6) All methods used to cast a vote must allow a
8 person having a disability to cast a vote, whether assisted or
9 unassisted, at the voter's sole discretion, in a secret,
10 independent, and verifiable manner, during the same times and
11 under the same conditions available to other voters.
12 (7) Before the primary election in 2004, each existing
13 polling place, and each newly designated polling place prior
14 to its use, should be surveyed by the supervisor of elections
15 for the purpose of determining accessibility and using a
16 survey developed by rule of the Department of State, after
17 first considering recommendations regarding the survey from
18 the Disability Advisory Council of the Department of State.
19 (8) At any time at least 60 days after a board of
20 county commissioners has received the survey performed under
21 subsection (7), a resident of the county has standing to sue
22 that board of county commissioners in circuit court to require
23 that a polling place be discontinued or, failing the selection
24 of an accessible substitute or the submission of an
25 application for a building permit to redress the deficiencies
26 identified in the survey, within 30 days after the filing to
27 require that county funds be used to correct all deficiencies
28 to make the polling place completely accessible within a
29 reasonable time set by the court. However, this subsection
30 does not authorize a board of county commissioners to
31 unreasonably delay making polling places accessible for all
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1 voters having a disability.
2 (9) The Department of State may adopt rules in
3 accordance with s. 120.54 necessary to administer this
4 section.
5 Section 17. Effective November 30, 2002, subsection
6 (7) is added to section 102.014, Florida Statutes, to read:
7 102.014 Poll worker recruitment and training.--
8 (7) The Department of State shall develop a mandatory,
9 statewide, and uniform program for training poll workers on
10 issues of etiquette and sensitivity with respect to voters
11 having a disability. The program must consist of approximately
12 1 hour of the required number of hours set forth in paragraph
13 (4)(a). The program must be conducted locally by each
14 supervisor of elections, who shall periodically certify to the
15 Department of State whether each poll worker has completed the
16 program, and must be taught, when possible, by persons having
17 a disability. The program must include actual demonstrations
18 of obstacles confronted by disabled persons during the voting
19 process, including obtaining access to the polling place,
20 traveling through the polling area, and using the voting
21 system. The program must include training on a functional
22 TTY/TDD device.
23 Section 18. Section 104.20, Florida Statutes, is
24 amended to read:
25 104.20 Ballot not to be seen, and other offenses.--Any
26 elector who, except as provided by law, allows his or her
27 ballot to be seen by any person; takes or removes, or attempts
28 to take or remove, any ballot from the polling place before
29 the close of the polls; places any mark on his or her ballot
30 by which it may be identified; remains longer than the
31 specified time allowed by law in the booth or compartment
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1 after having been notified that his or her time has expired;
2 endeavors to induce any elector to show how he or she voted;
3 aids or attempts to aid any elector unlawfully; or prints or
4 procures to be printed, or has in his or her possession, any
5 copies of any ballot prepared to be voted is guilty of a
6 misdemeanor of the first degree, punishable as provided in s.
7 775.082 or s. 775.083.
8 Section 19. Paragraph (y) of subsection (1) of section
9 125.01, Florida Statutes, is amended to read:
10 125.01 Powers and duties.--
11 (1) The legislative and governing body of a county
12 shall have the power to carry on county government. To the
13 extent not inconsistent with general or special law, this
14 power includes, but is not restricted to, the power to:
15 (y) Place questions or propositions on the ballot at
16 any primary election, general election, or otherwise called
17 special election, when agreed to by a majority vote of the
18 total membership of the legislative and governing body, so as
19 to obtain an expression of elector sentiment with respect to
20 matters of substantial concern within the county. No special
21 election may be called for the purpose of conducting a straw
22 ballot. Any election costs, as defined in s. 97.021(10)
23 97.021(9), associated with any ballot question or election
24 called specifically at the request of a district or for the
25 creation of a district shall be paid by the district either in
26 whole or in part as the case may warrant.
27 Section 20. Except as otherwise expressly provided in
28 this act and except for this section, which shall take effect
29 upon becoming a law, this act shall take effect July 1, 2002.
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1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 An act relating to elections; amending s.
7 97.021, F.S.; defining the terms "alternative
8 formats," "tactile input device," and "voter
9 interface device" for purposes of the Florida
10 Election Code; creating s. 97.026, F.S.;
11 requiring that certain forms used under the
12 code be made available in alternative formats;
13 requiring the Secretary of State to make such
14 forms available via the Internet if possible;
15 creating s. 97.1035, F.S.; requiring certain
16 elections staff to be trained in the use of a
17 TTY/TDD device; requiring the supervisors of
18 elections to certify such training to the
19 Secretary of State; amending s.97.061, F.S.;
20 deletes a reference to executing a "Declaration
21 to Secure Assistance" in connection with
22 special registration for disabled voters, to
23 conform; amending s. 98.065, F.S.; requiring
24 that the maintenance of voter registration
25 records be nondiscriminatory with respect to
26 persons having a disability; creating s.
27 98.122, F.S.; requiring candidates, political
28 parties, and political committees to use closed
29 captioning and descriptive narrative in all
30 television broadcasts; requiring the Department
31 of State to adopt rules establishing penalties
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1 for noncompliance; amending ss. 100.361,
2 100.371, F.S.; suggesting that a recall
3 petition be available in alternative formats;
4 requiring a constitutional amendment proposed
5 by initiative, and other papers and forms be
6 available in alternative formats; amending s.
7 101.017, F.S.; requiring that the Bureau of
8 Voting Systems Certification cooperate and
9 consult with the Disability Advisory Council;
10 creating s. 101.018, F.S.; creating the
11 Disability Advisory Council within the
12 Department of State; providing for membership
13 of the council; specifying duties of the
14 council; providing for terms of office;
15 providing that council members are entitled to
16 reimbursement for per diem and travel expenses;
17 providing for meetings of the council;
18 repealing s. 101.051(4) and (5), F.S., relating
19 to an oath required from an elector requesting
20 assistance in voting; amending s. 101.51, F.S.;
21 abolishing limitations on the length of time a
22 voter is allowed to occupy a voting booth or
23 compartment; creating s. 101.56062, F.S.;
24 providing standards for accessible voting
25 systems; prohibiting the use of state or
26 federal funds for a voting system or system
27 components that do not meet the accessibility
28 standards; requiring any voting system used
29 after September 1, 2004, to have at least one
30 voter interface device that complies with
31 accessibility requirements in each precinct;
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1 providing legislative intent with respect to
2 meeting or exceeding minimum federal
3 requirements for voting systems and
4 accessibility of polling places; creating s.
5 101.662, F.S.; authorizing the Department of
6 State to work with certain parties to develop
7 procedures to allow absentee ballots to be cast
8 in alternative formats; amending s. 101.71,
9 F.S.; authorizing supervisors of elections to
10 move a polling place that does not comply with
11 requirements for accessibility; amending s.
12 101.715, F.S.; requiring that all polling
13 places be accessible by persons having a
14 disability; providing for standards that are
15 required at each polling place; requiring the
16 supervisors of elections to survey polling
17 places; providing that a resident has standing
18 to sue the board of county commissioners to
19 require that a polling place comply with
20 accessibility requirements; amending s.
21 102.014, F.S.; requiring the Department of
22 State to develop a training program for poll
23 workers concerning voters having a disability;
24 providing requirements for the program;
25 requiring supervisors of elections to certify
26 completion of the program by poll workers;
27 amending s. 104.20, F.S., relating to penalties
28 imposed against an elector for remaining in a
29 voting booth longer than the specified time;
30 conforming provisions to changes made by the
31 act; amending s. 125.01, F.S., relating to
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1 powers of the governing body of a county;
2 conforming a cross-reference to changes made by
3 the act; providing effective dates.
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