Senate Bill sb1504c1

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    Florida Senate - 2002                           CS for SB 1504

    By the Committee on Governmental Oversight and Productivity;
    and Senator Mitchell




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  1                      A bill to be entitled

  2         An act relating to elections; amending s.

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

  4         formats," "tactile input device," and "voter

  5         interface device" for purposes of the Florida

  6         Election Code; creating s. 97.026, F.S.;

  7         requiring that certain forms used under the

  8         code be made available in alternative formats;

  9         requiring the Secretary of State to make such

10         forms available via the Internet if possible;

11         amending s. 98.065, F.S.; requiring that the

12         maintenance of voter registration records be

13         nondiscriminatory with respect to persons

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

15         requiring candidates, political parties, and

16         political committees to use closed captioning

17         and descriptive narrative in all television

18         broadcasts; providing that failing to file a

19         statement of reasons for failing to do so is a

20         violation of the code; authorizing the

21         Department of State to adopt rules; amending

22         ss. 100.361, 100.371, F.S.; suggesting that a

23         recall petition be available in alternative

24         formats; requiring a constitutional amendment

25         proposed by initiative and other papers and

26         forms be available in alternative formats;

27         amending s. 101.017, F.S.; requiring that the

28         Bureau of Voting Systems Certification

29         cooperate and consult with the Disability

30         Advisory Council; creating s. 101.018, F.S.;

31         creating the Disability Advisory Council within

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  1         the Department of State; providing for

  2         membership of the council; specifying duties of

  3         the council; providing for terms of office;

  4         providing that council members are entitled to

  5         reimbursement for per diem and travel expenses;

  6         providing for meetings of the council; amending

  7         s. 101.051, F.S.; eliminating a requirement

  8         that an elector give a reason under oath for

  9         requesting assistance in voting; amending s.

10         101.51, F.S.; abolishing limitations on the

11         length of time a voter is allowed to occupy a

12         voting booth or compartment; creating s.

13         101.56062, F.S.; providing standards for

14         accessible voting systems; prohibiting the use

15         of state or federal funds for a voting system

16         or system components that do not meet the

17         accessibility standards; requiring any voting

18         system used after a specified date to have at

19         least one voter interface device that complies

20         with accessibility requirements in each

21         precinct; providing legislative intent with

22         respect to meeting or exceeding minimum federal

23         requirements for voting systems and

24         accessibility of polling places; creating s.

25         101.662, F.S.; authorizing the Department of

26         State to work with certain parties to develop

27         procedures to allow absentee ballots to be cast

28         in alternative formats; amending s. 101.71,

29         F.S.; authorizing supervisors of elections to

30         move a polling place that does not comply with

31         requirements for accessibility; amending s.

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  1         101.715, F.S.; requiring that all polling

  2         places be accessible by persons having a

  3         disability; providing for standards that are

  4         required at each polling place; requiring the

  5         supervisors of elections to survey polling

  6         places by a specified date; providing for a

  7         report of survey results to the Governor and

  8         Legislature; allowing for variance for two

  9         election cycles; authorizing the Department of

10         State to adopt rules; amending s. 102.014,

11         F.S.; requiring the Department of State to

12         develop a training program for poll workers

13         concerning voters having a disability;

14         providing requirements for the program;

15         requiring supervisors of elections to certify

16         completion of the program by poll workers;

17         amending s. 104.20, F.S., relating to penalties

18         imposed against an elector for remaining in a

19         voting booth longer than the specified time;

20         conforming provisions to changes made by the

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

22         powers of the governing body of a county;

23         conforming a cross-reference to changes made by

24         the act; authorizing the Comptroller and the

25         State Board of Administration to develop a

26         consolidated financing mechanism for the

27         purchase or lease-purchase of voting equipment

28         for individuals having a disability; providing

29         effective dates.

30  

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

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  1         Section 1.  Subsections (2) through (31) of section

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

  3  2001-40, Laws of Florida, are renumbered as subsections (3)

  4  through (32), respectively, subsections (32) and (33) of that

  5  section are renumbered as subsections (34) and (35),

  6  respectively, subsections (34) through (36) of that section

  7  are renumbered as subsections (37) through (38), respectively,

  8  and new subsections (2), (33), and (36) are added to that

  9  section to read:

10         97.021  Definitions.--For the purposes of this code,

11  except where the context clearly indicates otherwise, the

12  term:

13         (2)  "Alternative formats" has the meaning ascribed in

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

15  101-336, 42 U.S.C. ss. 12101 et seq., including specifically

16  the technical-assistance manuals promulgated there under, as

17  amended.

18         (33)  "Tactile input device" means a device that

19  provides information to a voting system by means of a voter

20  touching the device, such as a keyboard, and which complies

21  with the requirements of s. 101.56062(1)(k) and (l).

22         (36)  "Voter interface device" means any device that

23  communicates voting instructions and ballot information to a

24  voter and allows the voter to select and vote for candidates

25  and issues.

26         Section 2.  Section 97.026, Florida Statutes, is

27  created to read:

28         97.026  Forms to be available in alternative formats

29  and via the Internet.--All forms required to be used in

30  chapters 97-106 shall be made available upon request, in

31  alternative formats. Such forms shall include absentee ballots

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  1  as alternative formats for absentee ballots become available

  2  and the Division of Elections is able to certify systems that

  3  provide them. Whenever possible, such forms, with the

  4  exception of absentee ballots, shall be made available by the

  5  Department of State via the Internet. Sections that contain

  6  such forms include, but are not limited to, ss. 97.051,

  7  97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073,

  8  97.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045,

  9  101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657,

10  105.031, 106.023, and 106.087.

11         Section 3.  Subsection (1) of section 98.065, Florida

12  Statutes, is amended to read:

13         98.065  Registration list maintenance programs.--

14         (1)  The supervisor must conduct a general registration

15  list maintenance program to protect the integrity of the

16  electoral process by ensuring the maintenance of accurate and

17  current voter registration records. The program must be

18  uniform, nondiscriminatory, and in compliance with the Voting

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

20  "nondiscriminatory" applies to and includes persons with

21  disabilities.

22         Section 4.  Section 98.122, Florida Statutes, is

23  created to read:

24         98.122  Use of closed captioning and descriptive

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

26  political party, and political committee must use closed

27  captioning and descriptive narrative in all television

28  broadcasts regulated by the Federal Communications Commission

29  which are on behalf of, or sponsored by, a candidate,

30  political party, or political committee or file a written

31  statement with the qualifying officer setting forth the

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  1  reasons for not doing so. Failure to file this statement with

  2  the appropriate qualifying officer constitutes a violation of

  3  the Florida Election Code and is under the jurisdiction of the

  4  Florida Elections Commission. The Department of State may

  5  adopt rules in accordance with s. 120.54 which are necessary

  6  to administer this section.

  7         Section 5.  Paragraphs (a) and (d) of subsection (1) of

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

  9         100.361  Municipal recall.--

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

11  of a municipality or charter county, hereinafter referred to

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

13  by the electors of the municipality.  When the official

14  represents a district and is elected only by electors residing

15  in that district, only electors from that district are

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

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

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

19  of the municipality, all electors of the municipality are

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

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

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

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

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

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

26  procedure:

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

28  sought to be recalled and containing a statement of grounds

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

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

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

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

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

  3  petition shall be prepared for each member sought to be

  4  recalled. Upon request, the content of a petition should, but

  5  is not required to, be provided by the proponent in

  6  alternative formats.

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

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

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

10  the municipality or district as of the preceding municipal

11  election, whichever is greater.

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

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

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

15  number of registered electors of the municipality or district

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

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

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

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

20  number of registered electors of the municipality or district

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

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

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

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

25  number of registered electors of the municipality or district

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

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

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

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

30  total number of registered electors of the municipality or

31  

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  1  district as of the preceding municipal election, whichever is

  2  greater.

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

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

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

  6  registered electors of the municipality or district as of the

  7  preceding municipal election, whichever is greater.

  8  

  9  Electors of the municipality or district making charges

10  contained in the statement of grounds for recall and those

11  signing the recall petition shall be designated as the

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

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

14  Electors of the municipality or district are eligible to sign

15  the petition. Signatures and oaths of witnesses shall be

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

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

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

19  obtained on the petition.

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

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

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

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

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

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

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

27  determine whether the petition contains the required valid

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

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

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

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

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  1  subsequent papers or forms required or permitted to be filed

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

  3  request, be made available in alternative formats.

  4         Section 6.  Subsection (3) of section 100.371, Florida

  5  Statutes, is amended to read:

  6         100.371  Initiatives; procedure for placement on

  7  ballot.--

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

  9  prior to obtaining any signatures, register as a political

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

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

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

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

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

15  120.54 prescribing the style and requirements of such form.

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

17  proposed amendment and all forms filed in connection with this

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

19  formats.

20         Section 7.  Section 101.017, Florida Statutes, is

21  amended to read:

22         101.017  Bureau of Voting Systems Certification.--There

23  is created a Bureau of Voting Systems Certification within the

24  Division of Elections of the Department of State which shall

25  provide technical support to the supervisors of elections and

26  which is responsible for voting system standards and

27  certification. The bureau shall cooperate and consult with the

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

29  positions necessary for the bureau to accomplish its duties

30  shall be established through the budgetary process.

31  

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  1         Section 8.  Section 101.018, Florida Statutes, is

  2  created to read:

  3         101.018  Disability Advisory Council.--There is created

  4  the Disability Advisory Council within the Department of

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

  6  Disability Advisory Council, which shall consist of nine

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

  8  voting accessibility for persons having a disability, and a

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

10  membership must include a representative who is

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

12  representative who has developmental disabilities, and a

13  representative who has physical disabilities.

14         (1)  The council shall:

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

16  Systems Certification of the Division of Elections concerning

17  the implementation of accessibility standards for voting

18  systems and polling places, as such standards currently exist

19  or as subsequently adopted.

20         (b)  Advise and consult with the Division of Elections

21  on the development of test procedures to verify compliance

22  with standards for the accessibility of new voting systems,

23  voting system components, and modules.

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

25  means to increase election participation by persons having a

26  disability.

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

28  supervisors of elections to determine compliance with the

29  accessibility standards for polling places.

30  

31  

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

  2  exemptions from the application of the accessibility standards

  3  for polling places provided in s. 101.715.

  4         (f)  Study and report to the Secretary of State, on an

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

  6         (g)  Study and report to the Secretary of State on

  7  voting using telephones or telephone components, including

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

  9  inclusion of this study as a function of the Disability

10  Advisory Council not prevent or delay the certification of any

11  voting system that uses telephones or telephone components

12  that are otherwise certifiable before the study.

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

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

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

16  101.56062, is low enough for persons who have limited strength

17  in their hands or fingers, including the elderly.

18         (i)  Compare the accessibility standards set forth in

19  ss. 101.56062 and 101.715 with the voluntary Voting Systems

20  Standards adopted by the Federal Elections Commission, and

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

22  comparison.

23         (j)  Study and report to the Secretary of State, on an

24  ongoing basis, concerning the accessibility of absentee

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

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

27  voting by absentee ballot, be fully accessible to voters who

28  have a disability.

29         (k)  Report annually to the Legislature suggestions for

30  how voting systems and procedures may be improved to increase

31  access for persons who have a disability.

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  1         (l)  Coordinate with the Division of Elections to

  2  provide educational materials to the supervisors of elections

  3  regarding the telecommunications relay system provided in s.

  4  427.704.

  5         (m)  Perform any additional functions deemed

  6  appropriate by the Secretary of State relating to voting

  7  accessibility by persons having a disability.

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

  9  appointed after July 1, 2002, shall be for 4 years, the terms

10  for the next three council members appointed shall be for 3

11  years, and the terms for the next three members shall be for 2

12  years. Thereafter, all council member appointments shall be

13  for terms of 4 years. A council member may not serve more than

14  two 4-year terms. Any member of the council may be replaced by

15  the secretary after three unexcused absences.

16         (3)  Members of the council shall serve without

17  compensation, but are entitled to reimbursement for per diem

18  and travel expenses as provided by s. 112.061.

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

20  year until September 1, 2004, and thereafter at least two

21  times per year, at a time and place to be determined by the

22  council, but may meet more often, as the council members or

23  Division of Elections find necessary.

24         Section 9.  Subsection (4) of section 101.051, Florida

25  Statutes, is amended to read:

26         101.051  Electors seeking assistance in casting

27  ballots; oath to be executed; forms to be furnished.--

28         (4)  If an elector needs assistance in voting pursuant

29  to the provisions of this section, the clerk or one of the

30  inspectors shall require the elector requesting assistance in

31  voting to take the following oath:

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  1  

  2                 DECLARATION TO SECURE ASSISTANCE

  3  

  4  State of Florida

  5  County of ....

  6  Date ....

  7  Precinct ....

  8         I, ...(Print name)..., swear or affirm that I am a

  9  registered elector and request assistance from ...(Print

10  names)... in voting at the ...(name of election)... held on

11  ...(date of election).... for the following reason............

12  ..............................................................

13  ..............................................................

14                                      ...(Signature of voter)...

15  

16  Sworn and subscribed to before me this .... day of ....,

17  ...(year)....

18                ...(Signature of Official Administering Oath)...

19         Section 10.  Section 101.51, Florida Statutes, is

20  amended to read:

21         101.51  Electors to occupy booth alone; time allowed.--

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

23  vote, the election official shall ascertain whether the

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

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

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

27  stationed at the entrance shall announce the name of the

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

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

30  at a time to pass through to vote.  An No elector, while

31  casting his or her ballot, may not shall occupy a booth or

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  1  compartment longer than 5 minutes or be allowed to occupy a

  2  booth or compartment already occupied or to speak with anyone,

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

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

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

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

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

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

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

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

11  shall immediately withdraw from the polling place.  If the

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

13  she shall be removed by the election officials.

14         Section 11.  Effective upon this act becoming a law,

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

16         101.56062  Standards for accessible voting systems.--

17         (1)  Notwithstanding anything in this chapter to the

18  contrary, after November 30, 2002, each voting system

19  certified by the Department of State for use in local, state,

20  and federal elections must include accessible voter interface

21  devices in the system configuration which will allow the

22  system to meet the following minimum standards:

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

24  speech-input device, or both.

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

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

27  capability of audio output using synthetic or recorded human

28  speech that is reasonably phonetically accurate.

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

30  are needed for voters who are visually impaired must be

31  discernable tactilely without actuating the keys.

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  1         (d)  Audio and visual access approaches must be able to

  2  work both separately and simultaneously.

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

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

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

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

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

  8  color combinations that do not require color perception.

  9         (f)  Any voting system that requires any visual

10  perception must offer the election official who programs the

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

12  capability to set the font size, as it appears to the voter,

13  from a minimum of 14 points to a maximum of 24 points.

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

15  including any audio output using synthetic or recorded human

16  speech or any auditory feedback tones that are important for

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

18  handset or headset, in enhanced auditory fashion (increased

19  amplification), and must provide incremental volume control

20  with output amplification up to a level of at least 97 dB SPL.

21         (h)  For transmitted voice signals of the voter, the

22  voting system must provide a gain adjustable up to a minimum

23  of 20 dB with at least one intermediate step of 12 dB of gain.

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

25  the possibility of exceeding 120 dB SPL, then a mechanism must

26  be included to reset the volume automatically to the voting

27  system's default volume level after every use, for example

28  when the handset is replaced, but not before. Also, universal

29  precautions in the use and sharing of headsets should be

30  followed.

31  

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

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

  3  visual cues and information.

  4         (k)  Controls and operable mechanisms must be operable

  5  with one hand, including operability with a closed fist, and

  6  operable without tight grasping, pinching, or twisting of the

  7  wrist.

  8         (l)  The force required to operate or activate the

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

10         (m)  Voting booths must have voting controls at a

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

12  minimum knee clearance of 27 inches high, 30 inches wide, and

13  19 inches deep, or the accessible voter interface devices must

14  be designed so as to allow their use on top of a table to meet

15  these requirements. Tabletop installations must include

16  adequate privacy.

17         (n)  Any audio ballot must provide the voter with the

18  following functionalities:

19         1.  After the initial instructions that the system

20  requires election officials to provide to each voter, the

21  voter should be able to independently operate the voter

22  interface through the final step of casting a ballot without

23  assistance.

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

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

26  candidates are available in each race.

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

28  candidates may be selected in each race.

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

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

31  candidates that he or she intended to select.

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

  2  selections that he or she has made.

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

  4  must be able to change any selections previously made and

  5  confirm a new selection.

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

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

  8  vote the number of allowable candidates in any race and

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

10  before casting the ballot.

11         8.  The system must prevent the voter from overvoting

12  any race.

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

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

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

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

17  that the edits meet the voter's intent.

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

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

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

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

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

23  performed.

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

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

26  process of voting is complete.

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

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

29  another ballot.

30         (2)  For contracts entered into after November 30,

31  2002, state or federal funds may not be used by any county or

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  1  municipality to purchase voting systems or voting system

  2  components that do not meet the accessibility standards

  3  established by this section for use beginning in the 2004

  4  election cycle.

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

  6  effective date of this section is not decertified. However:

  7         (a)  Any voting system used in any local, state, or

  8  federal election after September 1, 2004, must have at least

  9  one voter interface device installed in each precinct which

10  meets the requirements of this section, except for paragraph

11  (1)(d).

12         (b)  For elections after November 30, 2004, the

13  Department of State in consultation with the Disability

14  Advisory Council and the supervisors of elections, shall adopt

15  rules establishing requirements and timeframes for the

16  installation of additional accessible voter interface devices

17  throughout the state.

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 polling

24  place accessibility must be maintained to assure the state's

25  eligibility to receive federal funds. It is the intent of the

26  Legislature that all state requirements meet or exceed the

27  minimum federal requirements for voting systems and polling

28  place accessibility.

29         Section 12.  Section 101.662, Florida Statutes, is

30  created to read:

31  

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  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 work

  5  with the Disability Advisory Council and the supervisors of

  6  elections to develop and implement procedures and

  7  technologies, as possible, which will include procedures for

  8  providing absentee ballots, upon request, in alternative

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

10  independent, and verifiable absentee ballot without the

11  assistance of another person.

12         Section 13.  Effective July 1, 2004, subsection (2) of

13  section 101.71, Florida Statutes, as amended by section 25 of

14  chapter 2001-40, Laws of Florida, is amended to read:

15         101.71  Polling place.--

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

17  whenever the supervisor of elections of any county determines

18  that the accommodations for holding any election at a polling

19  place designated for any precinct in the county are

20  unavailable, or are inadequate for the expeditious and

21  efficient housing and handling of voting and voting

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

23  101.715, the supervisor shall may provide, not less than 30

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

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

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

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

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

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

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

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

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  1  building, the voting places for the several precincts involved

  2  shall be established and maintained separate from each other

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

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

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

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

  7  the precinct involved, with clear description of the voting

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

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

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

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

12  household in which there is a registered elector.

13         Section 14.  Effective July 1, 2004, section 101.715,

14  Florida Statutes, is amended to read:

15         (Substantial rewording of section. See

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

17         101.715  Accessibility of polling places for people

18  having a disability.--

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

20  by people with disabilities, as provided in this section.

21         (2)  Only those polling places complying with the

22  Florida Accessibility Code for Building Construction, ss.

23  553.501-553.513, Florida Statutes, for all portions of the

24  polling place or the structure in which it is located that

25  voters traverse going to and from the polling place and during

26  the voting process, regardless of the age or function of the

27  building, shall be used for federal, state, and local

28  elections.

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

30  accessibility with respect to the following accessible

31  elements, spaces, scope, and technical requirements:

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  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         (4)  Standards required at each polling place,

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

  9  building, include:

10         (a)  For polling places that provide parking spaces for

11  voters, one or more signed accessible parking spaces for

12  disabled persons;

13         (b)  Signage identifying an accessible path of travel

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

15  entrance;

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

17  place;

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

19         (e)  An unobstructed area for voting; and

20         (f)  Sufficient lighting along the accessible path of

21  travel and within the polling place.

22         (5)  Upon request, all ballots, instructions, and

23  printed materials at each polling place must also be available

24  in alternative formats.

25         (6)  All methods used to cast a vote must allow a

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

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

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

29  under the same conditions available to other voters.

30         (7)  By September 1, 2003, each polling place should be

31  surveyed by the supervisor of elections for the purpose of

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  1  determining accessibility using a survey developed by rule of

  2  the Department of State, after first considering

  3  recommendations regarding the survey from the Disability

  4  Advisory Council of the Department of State.

  5         (8)  The results of this survey shall be presented by

  6  the Division of Elections by December 1, 2003, to the

  7  Legislature and the Governor. The report must note any polling

  8  places that are not accessible and state the specific reasons

  9  why those polling places may not be brought into compliance.

10  For those polling places that may not be brought into

11  compliance, the supervisor of elections must certify that fact

12  to the Division of Elections and shall be granted a variance

13  for that polling place for one election cycle.

14         (9)  The Department of State may adopt rules in

15  accordance with s. 120.54 which are necessary to administer

16  this section.

17         Section 15.  Effective November 30, 2002, subsection

18  (7) is added to section 102.014, Florida Statutes, to read:

19         102.014  Poll worker recruitment and training.--

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

21  statewide, and uniform program for training poll workers on

22  issues of etiquette and sensitivity with respect to voters

23  having a disability. The program must consist of approximately

24  1 hour of the required number of hours set forth in paragraph

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

26  supervisor of elections, who shall periodically certify to the

27  Department of State whether each poll worker has completed the

28  program. The supervisor of elections shall contract with a

29  recognized disability related organization such as Centers for

30  Independent Living, Family Network on Disabilities, Deaf

31  Service Bureaus, or other such organizations to develop and

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  1  assist with training the trainers in the disability

  2  sensitivity programs. The program must include actual

  3  demonstrations of obstacles confronted by disabled persons

  4  during the voting process, including obtaining access to the

  5  polling place, traveling through the polling area, and using

  6  the voting system.

  7         Section 16.  Section 104.20, Florida Statutes, is

  8  amended to read:

  9         104.20  Ballot not to be seen, and other offenses.--Any

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

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

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

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

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

15  specified time allowed by law in the booth or compartment

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

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

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

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

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

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

22  775.082 or s. 775.083.

23         Section 17.  Paragraph (y) of subsection (1) of section

24  125.01, Florida Statutes, is amended to read:

25         125.01  Powers and duties.--

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

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

28  extent not inconsistent with general or special law, this

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

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

31  any primary election, general election, or otherwise called

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

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

  3  to obtain an expression of elector sentiment with respect to

  4  matters of substantial concern within the county.  No special

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

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

  7  97.021(9), associated with any ballot question or election

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

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

10  whole or in part as the case may warrant.

11         Section 18.  Pursuant to section 287.064, Florida

12  Statutes, the Comptroller and the State Board of

13  Administration, in coordination with the Department of State,

14  may develop a consolidated financing mechanism for the

15  purchase or lease-purchase of voting equipment for individuals

16  having a disability, as provided in this act. Financing may be

17  issued under one or more financing agreements at such

18  intervals and in such amounts to fund any approved purchase or

19  lease-purchase made under this act. The Department of State

20  may apply for federal funds to be used as reimbursement for

21  the cost of eligible purchases made under this act and may

22  apply such reimbursement, or its pro rata share, to satisfy

23  the obligations in whole or in part.

24         Section 19.  Except as otherwise expressly provided in

25  this act, this act shall take effect July 1, 2002.

26  

27  

28  

29  

30  

31  

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1504

  3                                 

  4  Provides that forms, with the exception of absentee ballots,
    must be available whenever possible on the Internet.
  5  
    Mandates that after November 30, 2002, the Division of
  6  Elections may not certify a voting system for use unless it
    meets certain disability requirements.
  7  
    Provides that by 2004, each voting precinct must have at least
  8  one voting machine that would enable all voters, regardless of
    disability, to cast a secret, independent, and verifiable
  9  ballot.

10  Provides that no later than July 1, 2004, the portions of all
    polling places traversed by voters must be fully accessible to
11  persons with disabilities, regardless of the function of the
    building in which they are housed.
12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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