Senate Bill sb1504

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1504

    By Senator Mitchell





    4-1052-02

  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         97.021, F.S.; defining the term "alternative

  4         formats" for purposes of the Florida Election

  5         Code; creating s. 97.026, F.S.; requiring that

  6         certain forms used under the code be made

  7         available in alternative formats; requiring the

  8         Secretary of State to make such forms available

  9         via the Internet if possible; creating s.

10         97.1035, F.S.; requiring elections staff to be

11         trained in the use of a TTY/TDD device;

12         requiring the supervisors of elections to

13         certify such training to the Secretary of

14         State; amending s. 98.065, F.S.; requiring that

15         the maintenance of voter registration records

16         be nondiscriminatory with respect to persons

17         having a disability; creating s. 98.122, F.S.;

18         requiring candidates, political parties, and

19         political committees to use closed captioning

20         and descriptive narrative in all television

21         broadcasts; requiring the Department of State

22         to adopt rules establishing penalties for

23         noncompliance; amending ss. 100.361, 100.371,

24         F.S.; requiring that a recall petition, a

25         constitutional amendment proposed by

26         initiative, and other papers and forms be

27         available in alternative formats; amending s.

28         101.001, F.S.; requiring that entrances,

29         polling areas, and exits be accessible to

30         persons having a disability; amending s.

31         101.017, F.S.; requiring that the Bureau of

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         Voting Systems Certification cooperate and

  2         consult with the Disability Advisory Council;

  3         creating s. 101.018, F.S.; creating the

  4         Disability Advisory Council within the

  5         Department of State; providing for membership

  6         of the council; specifying duties of the

  7         council; providing for terms of office;

  8         providing that council members are entitled to

  9         reimbursement for per diem and travel expenses;

10         providing for meetings of the council; amending

11         s. 101.031, F.S.; providing that a voter has

12         the right to vote on a voting system that is

13         accessible to all voters, regardless of

14         disability; repealing s. 101.051(4) and (5),

15         F.S., relating to an oath required from an

16         elector requesting assistance in voting;

17         amending s. 101.51, F.S.; abolishing

18         limitations on the length of time a voter is

19         allowed to occupy a voting booth or

20         compartment; creating s. 101.56062, F.S.;

21         providing standards for accessible voting

22         systems; prohibiting the use of state or

23         federal funds for a voting system or system

24         components that do not meet the accessibility

25         standards; requiring that a county or

26         municipality purchase or lease equipment to

27         comply with accessibility requirements;

28         providing legislative intent with respect to

29         meeting or exceeding minimum federal

30         requirements for voting systems and

31         accessibility of polling places; creating s.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         101.662, F.S.; requiring the Department of

  2         State to adopt procedures to allow absentee

  3         ballots in alternative formats; amending s.

  4         101.71, F.S.; authorizing supervisors of

  5         elections to move a polling place that does not

  6         comply with requirements for accessibility;

  7         amending s. 101.715, F.S.; requiring that all

  8         polling places be accessible by persons having

  9         a disability; providing for standards that are

10         required at each polling place; requiring the

11         supervisors of elections to survey polling

12         places; providing that a resident has standing

13         to sue the board of county commissioners to

14         require that a polling place comply with

15         accessibility requirements; requiring the

16         Department of State to adopt rules imposing

17         penalties on counties that fail to correct

18         deficiencies in accessibility; providing for

19         exemptions; amending s. 102.014, F.S.;

20         requiring the Department of State to develop a

21         training program for poll workers concerning

22         voters having a disability; providing

23         requirements for the program; requiring

24         supervisors of elections to certify completion

25         of the program by poll workers; amending s.

26         104.20, F.S., relating to penalties imposed

27         against an elector for remaining in a voting

28         booth longer than the specified time;

29         conforming provisions to changes made by the

30         act; amending s. 125.01, F.S., relating to

31         powers of the governing body of a county;

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         conforming a cross-reference to changes made by

  2         the act; providing effective dates.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Present subsections (3) through (36) of

  7  section 97.021, Florida Statutes, as amended by section 2 of

  8  chapter 2001-40, Laws of Florida, are redesignated as

  9  subsections (4) through (37), respectively, and a new

10  subsection (3) is added to that section, to read:

11         97.021  Definitions.--For the purposes of this code,

12  except where the context clearly indicates otherwise, the

13  term:

14         (3)  "Alternative formats" has the meaning ascribed in

15  the Americans with Disabilities Act of 1990, Pub. L. No.

16  101-336, 42 U.S.C. ss. 12101 et seq., including specifically

17  the technical-assistance manuals promulgated thereunder, as

18  amended.

19         Section 2.  Section 97.026, Florida Statutes, is

20  created to read:

21         97.026  Forms to be available in alternative formats

22  and via Internet.--All forms required to be used under

23  chapters 97-106, including absentee ballots, must be made

24  available, upon request, in alternative formats. If possible,

25  such forms must be made available by the Department of State

26  via the Internet. Sections that contain such forms include,

27  but are not limited to, ss. 97.052, 97.053, 97.057, 97.058,

28  97.0583, 97.061, 97.071, 97.073, 97.1031, 98.055, 98.075,

29  99.021, 100.361, 100.371, 101.045, 101.171, 101.20, 101.6103,

30  101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and

31  106.087.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         Section 3.  Section 97.1035, Florida Statutes, is

  2  created to read:

  3         97.1035  Certification of TTY/TDD device by supervisors

  4  of elections; training of staff.--Each supervisor of elections

  5  shall, at least annually, certify to the Secretary of State

  6  that all branches of the supervisor's office have a

  7  functioning TTY/TDD device so that persons who are

  8  hearing-impaired can communicate with the supervisor's office,

  9  and shall certify that all members of the supervisor's staff

10  whose duties include communicating with the public are trained

11  to use the TTY/TDD device.

12         Section 4.  Subsection (1) of section 98.065, Florida

13  Statutes, is amended to read:

14         98.065  Registration list maintenance programs.--

15         (1)  The supervisor must conduct a general registration

16  list maintenance program to protect the integrity of the

17  electoral process by ensuring the maintenance of accurate and

18  current voter registration records. The program must be

19  uniform, nondiscriminatory, and in compliance with the Voting

20  Rights Act of 1965. As used in this subsection, the term

21  "nondiscriminatory" applies to and includes persons with

22  disabilities.

23         Section 5.  Section 98.122, Florida Statutes, is

24  created to read:

25         98.122  Use of closed captioning and descriptive

26  narrative in all television broadcasts.--Each candidate,

27  political party, and political committee must use closed

28  captioning and descriptive narrative in all television

29  broadcasts on behalf of, or sponsored by, a candidate,

30  political party, or political committee, or file a written

31  statement with the Division of Elections of the Department of

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  State setting forth the reasons for not doing so. The

  2  Department of State shall adopt rules to establish and enforce

  3  penalties for failing to file such a statement. The Department

  4  of State may adopt rules in accordance with s. 120.54

  5  necessary to administer this section.

  6         Section 6.  Paragraphs (a) and (d) of subsection (1) of

  7  section 100.361, Florida Statutes, are amended to read:

  8         100.361  Municipal recall.--

  9         (1)  RECALL PETITION.--Any member of the governing body

10  of a municipality or charter county, hereinafter referred to

11  in this section as "municipality," may be removed from office

12  by the electors of the municipality.  When the official

13  represents a district and is elected only by electors residing

14  in that district, only electors from that district are

15  eligible to sign the petition to recall that official and are

16  entitled to vote in the recall election. When the official

17  represents a district and is elected at-large by the electors

18  of the municipality, all electors of the municipality are

19  eligible to sign the petition to recall that official and are

20  entitled to vote in the recall election. Where used in this

21  section, the term "district" shall be construed to mean the

22  area or region of a municipality from which a member of the

23  governing body is elected by the electors from such area or

24  region.  Members may be removed from office by the following

25  procedure:

26         (a)  A petition shall be prepared naming the person

27  sought to be recalled and containing a statement of grounds

28  for recall in not more than 200 words limited solely to the

29  grounds specified in paragraph (b).  If more than one member

30  of the governing body is sought to be recalled, whether such

31  member is elected by the electors of a district or by the

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  electors of the municipality at-large, a separate recall

  2  petition shall be prepared for each member sought to be

  3  recalled. Upon request, a petition must be provided in

  4  alternative formats.

  5         1.  In a municipality or district of fewer than 500

  6  electors, the petition shall be signed by at least 50 electors

  7  or by 10 percent of the total number of registered electors of

  8  the municipality or district as of the preceding municipal

  9  election, whichever is greater.

10         2.  In a municipality or district of 500 or more but

11  fewer than 2,000 registered electors, the petition shall be

12  signed by at least 100 electors or by 10 percent of the total

13  number of registered electors of the municipality or district

14  as of the preceding municipal election, whichever is greater.

15         3.  In a municipality or district of 2,000 or more but

16  fewer than 5,000 registered electors, the petition shall be

17  signed by at least 250 electors or by 10 percent of the total

18  number of registered electors of the municipality or district

19  as of the preceding municipal election, whichever is greater.

20         4.  In a municipality or district of 5,000 or more but

21  fewer than 10,000 registered electors, the petition shall be

22  signed by at least 500 electors or by 10 percent of the total

23  number of registered electors of the municipality or district

24  as of the preceding municipal election, whichever is greater.

25         5.  In a municipality or district of 10,000 or more but

26  fewer than 25,000 registered electors, the petition shall be

27  signed by at least 1,000 electors or by 10 percent of the

28  total number of registered electors of the municipality or

29  district as of the preceding municipal election, whichever is

30  greater.

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         6.  In a municipality or district of 25,000 or more

  2  registered electors, the petition shall be signed by at least

  3  1,000 electors or by 5 percent of the total number of

  4  registered electors of the municipality or district as of the

  5  preceding municipal election, whichever is greater.

  6

  7  Electors of the municipality or district making charges

  8  contained in the statement of grounds for recall and those

  9  signing the recall petition shall be designated as the

10  "committee."  A specific person shall be designated in the

11  petition as chair of the committee to act for the committee.

12  Electors of the municipality or district are eligible to sign

13  the petition. Signatures and oaths of witnesses shall be

14  executed as provided in paragraph (c).  All signatures shall

15  be obtained within a period of 30 days, and the petition shall

16  be filed within 30 days after the date the first signature is

17  obtained on the petition.

18         (d)  The petition shall be filed with the auditor or

19  clerk of the municipality or charter county, or his or her

20  equivalent, hereinafter referred to as clerk, by the person

21  designated as chair of the committee, and, when the petition

22  is filed, the clerk shall submit such petition to the county

23  supervisor of elections who shall, within a period of not more

24  than 30 days after the petition is filed with the supervisor,

25  determine whether the petition contains the required valid

26  signatures.  The petition cannot be amended after it is filed

27  with the clerk.  The supervisor shall be paid by the persons

28  or committee seeking verification the sum of 10 cents for each

29  name checked. Upon filing with the clerk, the petition and all

30  subsequent papers or forms required or permitted to be filed

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  with the clerk in connection with this section must, upon

  2  request, be made available in alternative formats.

  3         Section 7.  Subsection (3) of section 100.371, Florida

  4  Statutes, is amended to read:

  5         100.371  Initiatives; procedure for placement on

  6  ballot.--

  7         (3)  The sponsor of an initiative amendment shall,

  8  prior to obtaining any signatures, register as a political

  9  committee pursuant to s. 106.03 and submit the text of the

10  proposed amendment to the Secretary of State, with the form on

11  which the signatures will be affixed, and shall obtain the

12  approval of the Secretary of State of such form.  The

13  Secretary of State shall adopt promulgate rules pursuant to s.

14  120.54 prescribing the style and requirements of such form.

15  Upon filing with the Secretary of State, the text of the

16  proposed amendment and all forms filed in connection with this

17  section must, upon request, be made available in alternative

18  formats.

19         Section 8.  Subsection (1) of section 101.001, Florida

20  Statutes, is amended to read:

21         101.001  Precincts and polling places; boundaries.--

22         (1)  The board of county commissioners in each county,

23  upon recommendation and approval of the supervisor, shall

24  alter or create precincts for voting in the county. Each

25  precinct shall be numbered and, as nearly as practicable,

26  composed of contiguous and compact areas. The supervisor shall

27  designate a polling place at a suitable location within each

28  precinct. The precinct shall not be changed thereafter except

29  with the consent of the supervisor and a majority of the

30  members of the board of county commissioners. The board of

31  county commissioners and the supervisor may have precinct

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  boundaries conform to municipal boundaries in accordance with

  2  the provisions of s. 101.002, but, in any event, the

  3  registration books shall be maintained in such a manner that

  4  there may be determined therefrom the total number of electors

  5  in each municipality. All entrances, polling areas, paths of

  6  travel, and exits from each polling place, regardless of the

  7  age of the building or function of the building, must be

  8  accessible in accordance with the provisions of ss.

  9  553.501-553.513.

10         Section 9.  Section 101.017, Florida Statutes, is

11  amended to read:

12         101.017  Bureau of Voting Systems Certification.--There

13  is created a Bureau of Voting Systems Certification within the

14  Division of Elections of the Department of State which shall

15  provide technical support to the supervisors of elections and

16  which is responsible for voting system standards and

17  certification. The bureau shall cooperate and consult with the

18  Disability Advisory Council as provided in s. 101.018. The

19  positions necessary for the bureau to accomplish its duties

20  shall be established through the budgetary process.

21         Section 10.  Section 101.018, Florida Statutes, is

22  created to read:

23         101.018  Disability Advisory Council.--There is created

24  the Disability Advisory Council within the Department of

25  State. The Secretary of State shall appoint the members of the

26  Disability Advisory Council, which shall consist of nine

27  persons, all of whom must be knowledgeable in the area of

28  voting accessibility for persons having a disability, and a

29  majority of whom must be persons having a disability. The

30  membership must include a representative who is

31  hearing-impaired, a representative who is blind, a

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  representative who has developmental disabilities, and a

  2  representative who has physical disabilities.

  3         (1)  The council shall:

  4         (a)  Advise and consult with the Bureau of Voting

  5  Systems Certification of the Division of Elections concerning

  6  the implementation of accessibility standards for voting

  7  systems and polling places, as such standards currently exist

  8  or as subsequently adopted.

  9         (b)  Test the accessibility of new voting systems,

10  voting system components, and modules.

11         (c)  Advise the Division of Elections on methods and

12  means to increase election participation by persons having a

13  disability.

14         (d)  Develop an accessibility survey for use by all

15  Supervisors of Elections to determine compliance with the

16  accessibility standards for polling places.

17         (e)  Recommend to the Secretary of State standards for

18  exemptions from the application of the accessibility standards

19  for polling places provided in s. 101.715.

20         (f)  Recommend to the Secretary of State penalties to

21  be imposed by the Department of State for noncompliance with

22  the accessibility standards for polling places provided in s.

23  101.715.

24         (g)  Study and report to the Secretary of State, on an

25  ongoing basis, concerning voting via use of the Internet.

26         (h)  Study and report to the Secretary of State on

27  voting using telephones or telephone components, including

28  TTY/TDD. It is the intent of the Legislature that the

29  inclusion of this study as a function of the Disability

30  Advisory Council not prevent or delay the certification of any

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  voting system that uses telephones or telephone components

  2  that are otherwise certifiable before the study.

  3         (i)  Study and report to the Secretary of State on

  4  whether the 5 pounds of force required to operate or activate

  5  the controls on any voting system, as required in s.

  6  101.56062, is low enough for persons who have limited strength

  7  in their hands or fingers, including the elderly.

  8         (j)  Compare the accessibility standards set forth in

  9  ss. 101.56062 and 101.715 with the voluntary Voting Systems

10  Standards adopted by the Federal Elections Commission, and

11  report to the Secretary of State on the results of the

12  comparison.

13         (k)  Study and report to the Secretary of State, on an

14  ongoing basis, concerning the accessibility of absentee

15  ballots to voters having a disability. It is the intent of the

16  Legislature that all means of voting in this state, including

17  voting by absentee ballot, be fully accessible to voters

18  having a disability.

19         (l)  Perform any additional functions deemed

20  appropriate by the Secretary of State relating to voting

21  accessibility by persons having a disability.

22         (2)  The terms for the first three council members

23  appointed after the effective date of this section shall be

24  for 4 years, the terms for the next three council members

25  appointed shall be for 3 years, and the terms for the next

26  three members shall be for 2 years. Thereafter, all council

27  member appointments shall be for terms of 4 years. A council

28  member may not serve more than two 4-year terms after the

29  effective date of this section. Any member of the council may

30  be replaced by the secretary after three unexcused absences.

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         (3)  Members of the council shall serve without

  2  compensation but are entitled to reimbursement for per diem

  3  and travel expenses as provided by s. 112.061.

  4         (4)  The council shall meet at least four times per

  5  year, at a time and place to be determined by the council, but

  6  may meet more often when the council members considers it

  7  necessary to do so.

  8         Section 11.  Subsection (2) of section 101.031, Florida

  9  Statutes, is amended to read:

10         101.031  Instructions for electors.--

11         (2)  The supervisor of elections in each county shall

12  have posted at each polling place in the county the Voter's

13  Bill of Rights and Responsibilities in the following form:

14

15                      VOTER'S BILL OF RIGHTS

16

17         Each registered voter in this state has the right to:

18         1.  Vote and have his or her vote accurately counted.

19         2.  Cast a vote if he or she is in line when the polls

20  are closing.

21         3.  Ask for and receive assistance in voting.

22         4.  Receive up to two replacement ballots if he or she

23  makes a mistake prior to the ballot being cast.

24         5.  An explanation if his or her registration is in

25  question.

26         6.  If his or her registration is in question, cast a

27  provisional ballot.

28         7.  Prove his or her identity by signing an affidavit

29  if election officials doubt the voter's identity.

30         8.  Written instructions to use when voting, and, upon

31  request, oral instructions in voting from elections officers.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         9.  Vote free from coercion or intimidation by

  2  elections officers or any other person.

  3         10.  Vote on a voting system that is in working

  4  condition; and that will allow votes to be accurately cast;

  5  and that is accessible to all voters, regardless of ability or

  6  disability, so that all voters may cast a vote that is secret,

  7  independent, and verifiable.

  8

  9                      VOTER RESPONSIBILITIES

10

11         Each registered voter in this state has the

12  responsibility to:

13         1.  Study and know candidates and issues.

14         2.  Keep his or her voter address current.

15         3.  Know his or her precinct and its hours of

16  operation.

17         4.  Bring proper identification to the polling station.

18         5.  Know how to operate voting equipment properly.

19         6.  Treat precinct workers with courtesy.

20         7.  Respect the privacy of other voters.

21         8.  Report problems or violations of election law.

22         9.  Ask questions when confused.

23         10.  Check his or her completed ballot for accuracy.

24         Section 12.  Subsections (4) and (5) of section

25  101.051, Florida Statutes, are repealed.

26         Section 13.  Section 101.51, Florida Statutes, is

27  amended to read:

28         101.51  Electors to occupy booth alone; time allowed.--

29         (1)  When the elector presents himself or herself to

30  vote, the election official shall ascertain whether the

31  elector's name is upon the register of electors, and, if the

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  elector's name appears and no challenge interposes, or, if

  2  interposed, be not sustained, one of the election officials

  3  stationed at the entrance shall announce the name of the

  4  elector and permit him or her to enter the booth or

  5  compartment to cast his or her vote, allowing only one elector

  6  at a time to pass through to vote.  No elector, while casting

  7  his or her ballot, may shall occupy a booth or compartment

  8  longer than 5 minutes or be allowed to occupy a booth or

  9  compartment already occupied or to speak with anyone, except

10  as provided by s. 101.051, while in the polling place.

11         (2)  If an elector requires longer than 5 minutes, then

12  upon a sufficient reason he or she may be granted a longer

13  period of time by the election officials in charge.  After

14  casting his or her vote, the elector shall at once leave the

15  polling room by the exit opening and shall not be permitted to

16  reenter on any pretext whatever.  After the elector has voted,

17  or declined or failed to vote within 5 minutes, he or she

18  shall immediately withdraw from the polling place.  If the

19  elector refuses to leave after the lapse of 5 minutes, he or

20  she shall be removed by the election officials.

21         Section 14.  Effective upon this act becoming a law,

22  section 101.56062, Florida Statutes, is created to read:

23         101.56062  Standards for accessible voting systems.--

24         (1)  Notwithstanding anything in this chapter to the

25  contrary, each voting system selected and used for local,

26  state, or federal elections must be accessible and usable by

27  all voters, including voters having a disability. Each system

28  must comply with the following minimum standards:

29         (a)  The voting system must provide a tactile-input or

30  speech-input device, or both.

31

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         (b)  The voting system must provide a method by which

  2  voters can confirm any tactile or audio input by having the

  3  capability of audio output using synthetic or recorded human

  4  speech that is reasonably phonetically accurate.

  5         (c)  Any operable controls on the input device which

  6  are needed for voters who are visually impaired must be

  7  discernable tactilely without actuating the keys.

  8         (d)  Any audio and visual access approaches must be

  9  able to work both separately and simultaneously.

10         (e)  If a nonaudio access approach is provided, the

11  system may not require color perception. The system must use

12  black text or graphics, or both, on white background or white

13  text or graphics, or both, on black background, unless the

14  office of the Secretary of State approves other high-contrast

15  color combinations that do not require color perception.

16         (f)  Any voting system that requires any visual

17  perception must offer the election official who programs the

18  system, prior to its being sent to the polling place, the

19  capability to set the font size from a minimum of 14 points to

20  a maximum of 24 points.

21         (g)  The voting system must provide audio information,

22  including any audio output using synthetic or recorded human

23  speech or any auditory feedback tones that are important for

24  the use of the audio approach, through at least one mode, by

25  handset or headset, in enhanced auditory fashion (increased

26  amplification), and must provide incremental volume control

27  with output amplification up to a level of at least 97 dB SPL,

28  with at least one intermediate step of 89 dB SPL.

29         (h)  For transmitted voice signals, the voting system

30  must provide a gain adjustable up to a minimum of 20 dB with

31  at least one intermediate step of 12 dB of gain.

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         (i)  For the safety of others, if the voting system has

  2  the possibility of exceeding 120 dB SPL, a mechanism must be

  3  included to reset the volume automatically to a safe level

  4  after every use or when the handset is replaced, but not

  5  before. Also, universal precautions in the use and sharing of

  6  headsets should be followed.

  7         (j)  If sound cues and audible information such as

  8  "beeps" are used, there must be simultaneous corresponding

  9  visual cues and information.

10         (k)  Any spoken text must also be presented on screen,

11  except that any auditory confirmation of a voter's selection

12  may not be printed in text on the screen, unless requested by

13  the voter.

14         (l)  All controls and operable mechanisms must be

15  operable with one hand, including operability with a closed

16  fist, and operable without tight grasping, pinching, or

17  twisting of the wrist.

18         (m)  The force required to operate or activate the

19  controls must be no greater than 5 pounds of force.

20         (n)  All voting booths must have voting controls at a

21  minimum height of 36 inches above the finished floor with a

22  minimum knee clearance of 27 inches high, and the booth must

23  be a minimum of 30 inches wide and a minimum of 19 inches

24  deep.

25         (o)  Any audio ballot must provide the voter with the

26  following functionalities:

27         1.  After the initial instructions that the system

28  requires election officials to provide to each voter, the

29  voter should be able to independently operate the voter

30  interface through the final step of casting a ballot without

31  assistance.

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         2.  The voter must be able to determine the races that

  2  he or she is allowed to vote in and to determine which

  3  candidates are available in each race.

  4         3.  The voter must be able to determine how many

  5  candidates may be selected in each race.

  6         4.  The voter must be able to have confidence that the

  7  physical or vocal inputs given to the system have selected the

  8  candidates that he or she intended to select.

  9         5.  The voter must be able to review the candidate

10  selections that he or she has made.

11         6.  Prior to the act of casting the ballot, the voter

12  must be able to change any selections previously made and

13  confirm a new selection.

14         7.  The system must communicate to the voter the fact

15  that the voter has failed to vote in a race or has failed to

16  vote the number of allowable candidates in any race and

17  require the voter to confirm his or her intent to undervote

18  before casting the ballot.

19         8.  The system must prevent the voter from overvoting

20  any race.

21         9.  The voter must be able to input a candidate's name

22  in each race that allows a write-in candidate.

23         10.  The voter must be able to review his or her

24  write-in input to the interface, edit that input, and confirm

25  that the edits meet the voter's intent.

26         11.  There must be a clear, identifiable action that

27  the voter takes to "cast" the ballot. The system must make

28  clear to the voter how to take this action so that the voter

29  has minimal risk of taking the action accidentally but, when

30  the voter intends to cast the ballot, the action can be easily

31  performed.

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         12.  Once the ballot is cast, the system must confirm

  2  to the voter that the action has occurred and that the voter's

  3  process of voting is complete.

  4         13.  Once the ballot is cast, the system must preclude

  5  the voter from modifying the ballot cast or voting or casting

  6  another ballot.

  7         (2)  State or federal funds may not be used by any

  8  county or municipality to purchase voting systems or voting

  9  system components that do not meet the accessibility standards

10  established by this section.

11         (3)  A voting system that was certified before the

12  effective date of this section is not decertified. However, if

13  a county or municipality has purchased or leased a voting

14  system that does not meet the accessibility requirements of

15  this section, the county or municipality must purchase or

16  lease additional voting systems or voting-system components to

17  comply with the accessibility requirements of this section.

18         (4)  It is the intent of the Legislature that this

19  state be eligible for any funds that are available from the

20  Federal Government to assist states in providing or improving

21  accessibility of voting systems and polling places for persons

22  having a disability. Accordingly, all state laws, rules,

23  standards, and codes governing voting systems and

24  polling-place accessibility must be maintained to assure the

25  state's eligibility to receive federal funds. It is the intent

26  of the Legislature that all state requirements meet or exceed

27  the minimum federal requirements for voting systems and

28  polling-place accessibility.

29         Section 15.  Section 101.662, Florida Statutes, is

30  created to read:

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         101.662  Accessibility of absentee ballots.--It is the

  2  intent of the Legislature that voting by absentee ballot be by

  3  methods that are fully accessible to all voters, including

  4  voters having a disability. The Department of State shall

  5  adopt voting systems and procedures, including procedures for

  6  providing absentee ballots, upon request, in alternative

  7  formats that will allow all voters to cast a secret,

  8  independent, and verifiable absentee ballot without the

  9  assistance of another person. Voting by absentee ballot may

10  not be restricted solely to voting an absentee ballot in

11  person, as provided in s. 101.657, to comply with this

12  section.

13         Section 16.  Subsection (2) of section 101.71, Florida

14  Statutes, as amended by section 25 of chapter 2001-40, Laws of

15  Florida, is amended to read:

16         101.71  Polling place.--

17         (2)  Notwithstanding the provisions of subsection (1),

18  whenever the supervisor of elections of any county determines

19  that the accommodations for holding any election at a polling

20  place designated for any precinct in the county are

21  unavailable, or are inadequate for the expeditious and

22  efficient housing and handling of voting and voting

23  paraphernalia, or do not comply with the requirements of s.

24  101.715, the supervisor shall may provide, not less than 30

25  days prior to the holding of an election, provide for that the

26  voting place for such precinct to shall be moved to another

27  site that is which shall be accessible to the public on

28  election day in said precinct or, if such is not available, to

29  another site that is which shall be accessible to the public

30  on election day in a contiguous precinct.  If such action of

31  the supervisor results in the voting place for two or more

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  precincts being located for the purposes of an election in one

  2  building, the voting places for the several precincts involved

  3  shall be established and maintained separate from each other

  4  in said building. When any supervisor moves any polling place

  5  pursuant to this subsection, the supervisor shall, not more

  6  than 30 days or fewer than 7 days prior to the holding of an

  7  election, give notice of the change of the polling place for

  8  the precinct involved, with clear description of the voting

  9  place to which changed, at least once in a newspaper of

10  general circulation in said county. A notice of the change of

11  the polling place involved shall be mailed, at least 14 days

12  prior to an election, to each registered elector or to each

13  household in which there is a registered elector.

14         Section 17.  Section 101.715, Florida Statutes, is

15  amended to read:

16         (Substantial rewording of section. See

17         s. 101.715, F.S., for present text.)

18         101.715  Accessibility of polling places for people

19  having a disability.--

20         (1)  All polling places must be accessible and usable

21  by persons having a disability.

22         (2)  Each polling place must have at least one voting

23  system that meets all of the accessibility standards set forth

24  in s. 101.56062.

25         (3)  Only a polling place that complies with the

26  Florida Americans With Disabilities Accessibility

27  Implementation Act, ss. 553.501-553.513, may be used for

28  federal, state, or local elections.

29         (4)  The selection of a polling site must assure

30  accessibility with respect to the following accessible

31  elements, spaces, scope, and technical requirements:

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  accessible route, space allowance and reach ranges, protruding

  2  objects, ground and floor surfaces, parking and passenger

  3  loading zones, curb ramps, ramps, stairs, elevators, platform

  4  lifts, doors, entrances, path of egress, controls and

  5  operating mechanisms, signage, and all other minimum

  6  requirements.

  7         (5)  Standards required at each polling place,

  8  regardless of the age of the building or function of the

  9  building, include:

10         (a)  One or more signed accessible parking spaces for

11  disabled persons;

12         (b)  Signage identifying an accessible path of travel

13  to the polling place if it differs from the primary route or

14  entrance;

15         (c)  An unobstructed path of travel to the polling

16  place;

17         (d)  Level, firm, stable, and slip-resistant surfaces;

18         (e)  An unobstructed area for voting; and

19         (f)  Sufficient lighting along the accessible path of

20  travel and within the polling place.

21         (6)  Upon request, all ballots, instructions, and

22  printed materials at each polling place must also be available

23  in alternative formats.

24         (7)  All methods used to cast a vote must allow a

25  person having a disability to cast a vote, whether assisted or

26  unassisted, at the voter's sole discretion, in a secret,

27  independent, and verifiable manner, during the same times and

28  under the same conditions available to other voters.

29         (8)  Before the general election in 2002, each existing

30  polling place, and each newly designated polling place prior

31  to its use, should be surveyed by the supervisor of elections

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  for the purpose of determining accessibility and using a

  2  survey developed by rule of the Department of State, after

  3  first considering recommendations regarding the survey from

  4  the Disability Advisory Council of the Department of State.

  5         (9)  At any time at least 60 days after a board of

  6  county commissioners has received the survey performed under

  7  subsection (8), a resident of the county has standing to sue

  8  that board of county commissioners in circuit court to require

  9  that a polling place be discontinued or, failing the selection

10  of an accessible substitute or the submission of an

11  application for a building permit to redress the deficiencies

12  identified in the survey, within 30 days after the filing to

13  require that county funds be used to correct all deficiencies

14  to make the polling place completely accessible within a

15  reasonable time set by the court. However, this subsection

16  does not authorize a board of county commissioners to

17  unreasonably delay making polling places accessible for all

18  voters having a disability.

19         (10)  The Department of State shall adopt rules to

20  establish penalties to be imposed on counties that fail or

21  refuse to either correct accessibility deficiencies or

22  designate an alternative polling place within 60 days after

23  the board of county commissioners receives the survey

24  performed under subsection (8), which shall be in addition to

25  those penalties set forth in subsection (9). Such rules must

26  be adopted after first considering recommendations on such

27  penalties and exemptions by the Disability Advisory Council of

28  the Department of State. An exemption from the accessibility

29  standards set forth in this section may be effective only

30  during a recognized state of emergency which, for whatever

31  reason, renders fully accessible polling places temporarily

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  unavailable. Any exemption should be of an extremely limited

  2  nature, be of very short duration, and does not in any way

  3  excuse or reduce the requirement that all polling places be

  4  fully accessible to all voters. The Secretary of State must

  5  impose all penalties and approve or deny all applications for

  6  exemptions from the accessibility standards set forth in this

  7  section.

  8         (11)  The Department of State may adopt rules in

  9  accordance with s. 120.54 necessary to administer this

10  section.

11         Section 18.  Subsection (7) is added to section

12  102.014, Florida Statutes, to read:

13         102.014  Poll worker recruitment and training.--

14         (7)  The Department of State shall develop a mandatory,

15  statewide, and uniform program for training poll workers on

16  issues of etiquette and sensitivity with respect to voters

17  having a disability. The program must consist of approximately

18  1 hour of the required number of hours set forth in paragraph

19  (4)(a). The program must be conducted locally by each

20  supervisor of elections, who shall periodically certify to the

21  Department of State whether each poll worker has completed the

22  program, and must be taught, when possible, by persons having

23  a disability. The program must include actual demonstrations

24  of obstacles confronted by disabled persons during the voting

25  process, including obtaining access to the polling place,

26  traveling through the polling area, and using the voting

27  system. The program must include training on a functional

28  TTY/TDD device.

29         Section 19.  Section 104.20, Florida Statutes, is

30  amended to read:

31

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1         104.20  Ballot not to be seen, and other offenses.--Any

  2  elector who, except as provided by law, allows his or her

  3  ballot to be seen by any person; takes or removes, or attempts

  4  to take or remove, any ballot from the polling place before

  5  the close of the polls; places any mark on his or her ballot

  6  by which it may be identified; remains longer than the

  7  specified time allowed by law in the booth or compartment

  8  after having been notified that his or her time has expired;

  9  endeavors to induce any elector to show how he or she voted;

10  aids or attempts to aid any elector unlawfully; or prints or

11  procures to be printed, or has in his or her possession, any

12  copies of any ballot prepared to be voted is guilty of a

13  misdemeanor of the first degree, punishable as provided in s.

14  775.082 or s. 775.083.

15         Section 20.  Paragraph (y) of subsection (1) of section

16  125.01, Florida Statutes, is amended to read:

17         125.01  Powers and duties.--

18         (1)  The legislative and governing body of a county

19  shall have the power to carry on county government.  To the

20  extent not inconsistent with general or special law, this

21  power includes, but is not restricted to, the power to:

22         (y)  Place questions or propositions on the ballot at

23  any primary election, general election, or otherwise called

24  special election, when agreed to by a majority vote of the

25  total membership of the legislative and governing body, so as

26  to obtain an expression of elector sentiment with respect to

27  matters of substantial concern within the county.  No special

28  election may be called for the purpose of conducting a straw

29  ballot.  Any election costs, as defined in s. 97.021(10)

30  97.021(9), associated with any ballot question or election

31  called specifically at the request of a district or for the

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1504
    4-1052-02




  1  creation of a district shall be paid by the district either in

  2  whole or in part as the case may warrant.

  3         Section 21.  Except as otherwise expressly provided in

  4  this act and except for this section, which shall take effect

  5  upon becoming a law, this act shall take effect July 1, 2002.

  6

  7            *****************************************

  8                          SENATE SUMMARY

  9    Revises various provisions of the Florida Election Code
      to require that all polling places be accessible to
10    persons having a disability. Requires that certain forms
      used under the code be made available in alternative
11    formats and on the Internet. Requires that elections
      staff be trained in the use of a TTY/TDD device. Requires
12    the use of closed captioning and descriptive narrative in
      all television broadcasts by candidates, political
13    parties, and political committees. Creates the Disability
      Advisory Council within the Department of State. Repeals
14    provisions that limit the length of time a voter may
      occupy a voting booth. Specifies standards for accessible
15    voting systems. Prohibits the use of state or federal
      funds for a voting system or system components that do
16    not meet the accessibility standards. Requires the
      supervisors of elections to survey polling places.
17    Authorizes legal action against a board of county
      commissioners that fails to comply with accessibility
18    requirements. Requires that the Department of State adopt
      by rule penalties against counties that fail to correct
19    deficiencies in accessibility. (See bill for details.)

20

21

22

23

24

25

26

27

28

29

30

31

                                  26

CODING: Words stricken are deletions; words underlined are additions.