CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Crow and Lacasa offered the following:
12
13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Subsections (2) through (31) of section
18 97.021, Florida Statutes, as amended by section 2 of chapter
19 2001-40, Laws of Florida, are renumbered as subsections (3)
20 through (32), respectively, present subsections (32) and (33)
21 of that section are renumbered as subsections (34) and (35),
22 respectively, present subsections (34) through (36) of that
23 section are renumbered as subsections (37) through (38),
24 respectively, and new subsections (2), (33), and (36) are
25 added to that section to read:
26 97.021 Definitions.--For the purposes of this code,
27 except where the context clearly indicates otherwise, the
28 term:
29 (2) "Alternative formats" has the meaning ascribed in
30 the Americans with Disabilities Act of 1990, Pub. L. No.
31 101-336, 42 U.S.C. ss. 12101 et seq., including specifically
1
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 the technical assistance manuals promulgated thereunder, as
2 amended.
3 (33) "Tactile input device" means a device that
4 provides information to a voting system by means of a voter
5 touching the device, such as a keyboard, and that complies
6 with the requirements of s. 101.56062(1)(k) and (l).
7 (36) "Voter interface device" means any device that
8 communicates voting instructions and ballot information to a
9 voter and allows the voter to select and vote for candidates
10 and issues.
11 Section 2. Section 97.026, Florida Statutes, is
12 created to read:
13 97.026 Forms to be available in alternative formats
14 and via the Internet.--All forms required to be used in
15 chapters 97-106 shall be made available upon request, in
16 alternative formats. Such forms shall include absentee ballots
17 as alternative formats for such ballots become available and
18 the Division of Elections is able to certify systems that
19 provide them. Whenever possible, such forms, with the
20 exception of absentee ballots, shall be made available by the
21 Department of State via the Internet. Sections that contain
22 such forms include, but are not limited to, ss. 97.051,
23 97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073,
24 97.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045,
25 101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657,
26 105.031, 106.023, and 106.087.
27 Section 3. Subsection (1) of section 98.065, Florida
28 Statutes, is amended to read:
29 98.065 Registration list maintenance programs.--
30 (1) The supervisor must conduct a general registration
31 list maintenance program to protect the integrity of the
2
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 electoral process by ensuring the maintenance of accurate and
2 current voter registration records. The program must be
3 uniform, nondiscriminatory, and in compliance with the Voting
4 Rights Act of 1965. As used in this subsection, the term
5 "nondiscriminatory" applies to and includes persons with
6 disabilities.
7 Section 4. Section 98.122, Florida Statutes, is
8 created to read:
9 98.122 Use of closed captioning and descriptive
10 narrative in all television broadcasts.--Each candidate,
11 political party, and political committee must use closed
12 captioning and descriptive narrative in all television
13 broadcasts regulated by the Federal Communications Commission
14 that are on behalf of, or sponsored by, a candidate, political
15 party, or political committee or must file a written statement
16 with the qualifying officer setting forth the reasons for not
17 doing so. Failure to file this statement with the appropriate
18 qualifying officer constitutes a violation of the Florida
19 Election Code and is under the jurisdiction of the Florida
20 Elections Commission. The Department of State may adopt rules
21 in accordance with s. 120.54 which are necessary to administer
22 this section.
23 Section 5. Paragraphs (a) and (d) of subsection (1) of
24 section 100.361, Florida Statutes, are amended to read:
25 100.361 Municipal recall.--
26 (1) RECALL PETITION.--Any member of the governing body
27 of a municipality or charter county, hereinafter referred to
28 in this section as "municipality," may be removed from office
29 by the electors of the municipality. When the official
30 represents a district and is elected only by electors residing
31 in that district, only electors from that district are
3
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 eligible to sign the petition to recall that official and are
2 entitled to vote in the recall election. When the official
3 represents a district and is elected at-large by the electors
4 of the municipality, all electors of the municipality are
5 eligible to sign the petition to recall that official and are
6 entitled to vote in the recall election. Where used in this
7 section, the term "district" shall be construed to mean the
8 area or region of a municipality from which a member of the
9 governing body is elected by the electors from such area or
10 region. Members may be removed from office by the following
11 procedure:
12 (a) A petition shall be prepared naming the person
13 sought to be recalled and containing a statement of grounds
14 for recall in not more than 200 words limited solely to the
15 grounds specified in paragraph (b). If more than one member
16 of the governing body is sought to be recalled, whether such
17 member is elected by the electors of a district or by the
18 electors of the municipality at-large, a separate recall
19 petition shall be prepared for each member sought to be
20 recalled. Upon request, the content of a petition should be,
21 but is not required to be, provided by the proponent in
22 alternative formats.
23 1. In a municipality or district of fewer than 500
24 electors, the petition shall be signed by at least 50 electors
25 or by 10 percent of the total number of registered electors of
26 the municipality or district as of the preceding municipal
27 election, whichever is greater.
28 2. In a municipality or district of 500 or more but
29 fewer than 2,000 registered electors, the petition shall be
30 signed by at least 100 electors or by 10 percent of the total
31 number of registered electors of the municipality or district
4
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 as of the preceding municipal election, whichever is greater.
2 3. In a municipality or district of 2,000 or more but
3 fewer than 5,000 registered electors, the petition shall be
4 signed by at least 250 electors or by 10 percent of the total
5 number of registered electors of the municipality or district
6 as of the preceding municipal election, whichever is greater.
7 4. In a municipality or district of 5,000 or more but
8 fewer than 10,000 registered electors, the petition shall be
9 signed by at least 500 electors or by 10 percent of the total
10 number of registered electors of the municipality or district
11 as of the preceding municipal election, whichever is greater.
12 5. In a municipality or district of 10,000 or more but
13 fewer than 25,000 registered electors, the petition shall be
14 signed by at least 1,000 electors or by 10 percent of the
15 total number of registered electors of the municipality or
16 district as of the preceding municipal election, whichever is
17 greater.
18 6. In a municipality or district of 25,000 or more
19 registered electors, the petition shall be signed by at least
20 1,000 electors or by 5 percent of the total number of
21 registered electors of the municipality or district as of the
22 preceding municipal election, whichever is greater.
23
24 Electors of the municipality or district making charges
25 contained in the statement of grounds for recall and those
26 signing the recall petition shall be designated as the
27 "committee." A specific person shall be designated in the
28 petition as chair of the committee to act for the committee.
29 Electors of the municipality or district are eligible to sign
30 the petition. Signatures and oaths of witnesses shall be
31 executed as provided in paragraph (c). All signatures shall
5
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 be obtained within a period of 30 days, and the petition shall
2 be filed within 30 days after the date the first signature is
3 obtained on the petition.
4 (d) The petition shall be filed with the auditor or
5 clerk of the municipality or charter county, or his or her
6 equivalent, hereinafter referred to as clerk, by the person
7 designated as chair of the committee, and, when the petition
8 is filed, the clerk shall submit such petition to the county
9 supervisor of elections who shall, within a period of not more
10 than 30 days after the petition is filed with the supervisor,
11 determine whether the petition contains the required valid
12 signatures. The petition cannot be amended after it is filed
13 with the clerk. The supervisor shall be paid by the persons
14 or committee seeking verification the sum of 10 cents for each
15 name checked. Upon filing with the clerk, the petition and all
16 subsequent papers or forms required or permitted to be filed
17 with the clerk in connection with this section must, upon
18 request, be made available in alternative formats.
19 Section 6. Subsection (3) of section 100.371, Florida
20 Statutes, is amended to read:
21 100.371 Initiatives; procedure for placement on
22 ballot.--
23 (3) The sponsor of an initiative amendment shall,
24 prior to obtaining any signatures, register as a political
25 committee pursuant to s. 106.03 and submit the text of the
26 proposed amendment to the Secretary of State, with the form on
27 which the signatures will be affixed, and shall obtain the
28 approval of the Secretary of State of such form. The
29 Secretary of State shall adopt promulgate rules pursuant to s.
30 120.54 prescribing the style and requirements of such form.
31 Upon filing with the Secretary of State, the text of the
6
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 proposed amendment and all forms filed in connection with this
2 section must, upon request, be made available in alternative
3 formats.
4 Section 7. Subsection (4) of section 101.051, Florida
5 Statutes, is amended to read:
6 101.051 Electors seeking assistance in casting
7 ballots; oath to be executed; forms to be furnished.--
8 (4) If an elector needs assistance in voting pursuant
9 to the provisions of this section, the clerk or one of the
10 inspectors shall require the elector requesting assistance in
11 voting to take the following oath:
12
13 DECLARATION TO SECURE ASSISTANCE
14
15 State of Florida
16 County of ....
17 Date ....
18 Precinct ....
19 I, ...(Print name)..., swear or affirm that I am a
20 registered elector and request assistance from ...(Print
21 names)... in voting at the ...(name of election)... held on
22 ...(date of election).... for the following reason............
23 ..............................................................
24 ..............................................................
25 ...(Signature of voter)...
26
27 Sworn and subscribed to before me this .... day of ....,
28 ...(year)....
29 ...(Signature of Official Administering Oath)...
30 Section 8. Section 101.51, Florida Statutes, is
31 amended to read:
7
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 101.51 Electors to occupy booth alone; time allowed.--
2 (1) When the elector presents himself or herself to
3 vote, the election official shall ascertain whether the
4 elector's name is upon the register of electors, and, if the
5 elector's name appears and no challenge interposes, or, if
6 interposed, be not sustained, one of the election officials
7 stationed at the entrance shall announce the name of the
8 elector and permit him or her to enter the booth or
9 compartment to cast his or her vote, allowing only one elector
10 at a time to pass through to vote. An No elector, while
11 casting his or her ballot, may not shall occupy a booth or
12 compartment longer than 5 minutes or be allowed to occupy a
13 booth or compartment already occupied or to speak with anyone,
14 except as provided by s. 101.051, while in the polling place.
15 (2) If an elector requires longer than 5 minutes, then
16 upon a sufficient reason he or she may be granted a longer
17 period of time by the election officials in charge. After
18 casting his or her vote, the elector shall at once leave the
19 polling room by the exit opening and shall not be permitted to
20 reenter on any pretext whatever. After the elector has voted,
21 or declined or failed to vote within 5 minutes, he or she
22 shall immediately withdraw from the polling place. If the
23 elector refuses to leave after the lapse of 5 minutes, he or
24 she shall be removed by the election officials.
25 Section 9. Effective upon this act becoming a law,
26 section 101.56062, Florida Statutes, is created to read:
27 101.56062 Standards for accessible voting systems.--
28 (1) Notwithstanding anything in this chapter to the
29 contrary, after November 30, 2002, each voting system
30 certified by the Department of State for use in local, state,
31 and federal elections must include the capability to install
8
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 accessible voter interface devices in the system configuration
2 which will allow the system to meet the following minimum
3 standards:
4 (a) The voting system must provide a tactile input or
5 audio input device, or both.
6 (b) The voting system must provide a method by which
7 voters can confirm any tactile or audio input by having the
8 capability of audio output using synthetic or recorded human
9 speech that is reasonably phonetically accurate.
10 (c) Any operable controls on the input device which
11 are needed for voters who are visually impaired must be
12 discernable tactilely without actuating the keys.
13 (d) Audio and visual access approaches must be able to
14 work both separately and simultaneously.
15 (e) If a nonaudio access approach is provided, the
16 system may not require color perception. The system must use
17 black text or graphics, or both, on white background or white
18 text or graphics, or both, on black background, unless the
19 office of the Secretary of State approves other high-contrast
20 color combinations that do not require color perception.
21 (f) Any voting system that requires any visual
22 perception must offer the election official who programs the
23 system, prior to its being sent to the polling place, the
24 capability to set the font size, as it appears to the voter,
25 from a minimum of 14 points to a maximum of 24 points.
26 (g) The voting system must provide audio information,
27 including any audio output using synthetic or recorded human
28 speech or any auditory feedback tones that are important for
29 the use of the audio approach, through at least one mode, by
30 handset or headset, in enhanced auditory fashion (increased
31 amplification), and must provide incremental volume control
9
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 with output amplification up to a level of at least 97 dB SPL.
2 (h) For transmitted voice signals to the voter, the
3 voting system must provide a gain adjustable up to a minimum
4 of 20 dB with at least one intermediate step of 12 dB of gain.
5 (i) For the safety of others, if the voting system has
6 the possibility of exceeding 120 dB SPL, then a mechanism must
7 be included to reset the volume automatically to the voting
8 system's default volume level after every use, for example
9 when the handset is replaced, but not before. Also, universal
10 precautions in the use and sharing of headsets should be
11 followed.
12 (j) If sound cues and audible information such as
13 "beeps" are used, there must be simultaneous corresponding
14 visual cues and information.
15 (k) Controls and operable mechanisms must be operable
16 with one hand, including operability with a closed fist, and
17 operable without tight grasping, pinching, or twisting of the
18 wrist.
19 (l) The force required to operate or activate the
20 controls must be no greater than 5 pounds of force.
21 (m) Voting booths must have voting controls at a
22 minimum height of 36 inches above the finished floor with a
23 minimum knee clearance of 27 inches high, 30 inches wide, and
24 19 inches deep, or the accessible voter interface devices must
25 be designed so as to allow their use on top of a table to meet
26 these requirements. Tabletop installations must include
27 adequate privacy.
28 (n) Any audio ballot must provide the voter with the
29 following functionalities:
30 1. After the initial instructions that the system
31 requires election officials to provide to each voter, the
10
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 voter should be able to independently operate the voter
2 interface through the final step of casting a ballot without
3 assistance.
4 2. The voter must be able to determine the races that
5 he or she is allowed to vote in and to determine which
6 candidates are available in each race.
7 3. The voter must be able to determine how many
8 candidates may be selected in each race.
9 4. The voter must be able to have confidence that the
10 physical or vocal inputs given to the system have selected the
11 candidates that he or she intended to select.
12 5. The voter must be able to review the candidate
13 selections that he or she has made.
14 6. Prior to the act of casting the ballot, the voter
15 must be able to change any selections previously made and
16 confirm a new selection.
17 7. The system must communicate to the voter the fact
18 that the voter has failed to vote in a race or has failed to
19 vote the number of allowable candidates in any race and
20 require the voter to confirm his or her intent to undervote
21 before casting the ballot.
22 8. The system must prevent the voter from overvoting
23 any race.
24 9. The voter must be able to input a candidate's name
25 in each race that allows a write-in candidate.
26 10. The voter must be able to review his or her
27 write-in input to the interface, edit that input, and confirm
28 that the edits meet the voter's intent.
29 11. There must be a clear, identifiable action that
30 the voter takes to "cast" the ballot. The system must make
31 clear to the voter how to take this action so that the voter
11
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 has minimal risk of taking the action accidentally but, when
2 the voter intends to cast the ballot, the action can be easily
3 performed.
4 12. Once the ballot is cast, the system must confirm
5 to the voter that the action has occurred and that the voter's
6 process of voting is complete.
7 13. Once the ballot is cast, the system must preclude
8 the voter from modifying the ballot cast or voting or casting
9 another ballot.
10 (2) For contracts entered into after November 30,
11 2002, state or federal funds may not be used by any county or
12 municipality to purchase voting systems or voting system
13 components that do not meet the accessibility standards
14 established by this section for use beginning in the 2004
15 election cycle.
16 (3) A voting system that was certified before the
17 effective date of this section is not decertified. However,
18 any voting system used in any local, state, or federal
19 election after September 1, 2004, must have at least one
20 accessible voter interface device installed in each precinct
21 which meets the requirements of this section, except for
22 paragraph (1)(d).
23 (4) The Department of State may adopt rules in
24 accordance with s. 120.54 which are necessary to administer
25 this section.
26 Section 10. It is the intent of the Legislature that
27 this state be eligible for any funds that are available from
28 the Federal Government to assist states in providing or
29 improving accessibility of voting systems and polling places
30 for persons having a disability. Accordingly, all state laws,
31 rules, standards, and codes governing voting systems and
12
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Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 polling place accessibility must be maintained to ensure the
2 state's eligibility to receive federal funds. It is the intent
3 of the Legislature that all state requirements meet or exceed
4 the minimum federal requirements for voting systems and
5 polling place accessibility. This section shall take effect
6 upon this act becoming a law.
7 Section 11. Section 101.662, Florida Statutes, is
8 created to read:
9 101.662 Accessibility of absentee ballots.--It is the
10 intent of the Legislature that voting by absentee ballot be by
11 methods that are fully accessible to all voters, including
12 voters having a disability. The Department of State shall work
13 with the supervisors of elections and the disability community
14 to develop and implement procedures and technologies, as
15 possible, which will include procedures for providing absentee
16 ballots, upon request, in alternative formats that will allow
17 all voters to cast a secret, independent, and verifiable
18 absentee ballot without the assistance of another person.
19 Section 12. Effective July 1, 2004, subsection (2) of
20 section 101.71, Florida Statutes, as amended by section 25 of
21 chapter 2001-40, Laws of Florida, is amended to read:
22 101.71 Polling place.--
23 (2) Notwithstanding the provisions of subsection (1),
24 whenever the supervisor of elections of any county determines
25 that the accommodations for holding any election at a polling
26 place designated for any precinct in the county are
27 unavailable, or are inadequate for the expeditious and
28 efficient housing and handling of voting and voting
29 paraphernalia, or do not comply with the requirements of s.
30 101.715, the supervisor shall may provide, not less than 30
31 days prior to the holding of an election, provide for that the
13
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 voting place for such precinct to shall be moved to another
2 site that is which shall be accessible to the public on
3 election day in said precinct or, if such is not available, to
4 another site that is which shall be accessible to the public
5 on election day in a contiguous precinct. If such action of
6 the supervisor results in the voting place for two or more
7 precincts being located for the purposes of an election in one
8 building, the voting places for the several precincts involved
9 shall be established and maintained separate from each other
10 in said building. When any supervisor moves any polling place
11 pursuant to this subsection, the supervisor shall, not more
12 than 30 days or fewer than 7 days prior to the holding of an
13 election, give notice of the change of the polling place for
14 the precinct involved, with clear description of the voting
15 place to which changed, at least once in a newspaper of
16 general circulation in said county. A notice of the change of
17 the polling place involved shall be mailed, at least 14 days
18 prior to an election, to each registered elector or to each
19 household in which there is a registered elector.
20 Section 13. Effective July 1, 2004, section 101.715,
21 Florida Statutes, is amended to read:
22 (Substantial rewording of section. See
23 s. 101.715, F.S., for present text.)
24 101.715 Accessibility of polling places for people
25 having a disability.--
26 (1) All polling places must be accessible and usable
27 by people with disabilities, as provided in this section.
28 (2) Only those polling places complying with the
29 Florida Americans With Disabilities Accessibility
30 Implementation Act, ss. 553.501-553.513, for all portions of
31 the polling place or the structure in which it is located that
14
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Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 voters traverse going to and from the polling place and during
2 the voting process, regardless of the age or function of the
3 building, shall be used for federal, state, and local
4 elections.
5 (3) The selection of a polling site must ensure
6 accessibility with respect to the following accessible
7 elements, spaces, scope, and technical requirements:
8 accessible route, space allowance and reach ranges, protruding
9 objects, ground and floor surfaces, parking and passenger
10 loading zones, curb ramps, ramps, stairs, elevators, platform
11 lifts, doors, entrances, path of egress, controls and
12 operating mechanisms, signage, and all other minimum
13 requirements.
14 (4) Standards required at each polling place,
15 regardless of the age of the building or function of the
16 building, include:
17 (a) For polling places that provide parking spaces for
18 voters, one or more signed accessible parking spaces for
19 disabled persons.
20 (b) Signage identifying an accessible path of travel
21 to the polling place if it differs from the primary route or
22 entrance.
23 (c) An unobstructed path of travel to the polling
24 place.
25 (d) Level, firm, stable, and slip-resistant surfaces.
26 (e) An unobstructed area for voting.
27 (f) Sufficient lighting along the accessible path of
28 travel and within the polling place.
29 (5) Upon request, all ballots, instructions, and
30 printed materials at each polling place must also be available
31 in alternative formats.
15
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 (6) The Department of State may adopt rules in
2 accordance with s. 120.54 which are necessary to administer
3 this section.
4 Section 14. (1) By September 1, 2003, each polling
5 place in a county should be surveyed by the supervisor of
6 elections of that county for the purpose of determining
7 accessibility under the standards to be adopted pursuant to s.
8 101.715, Florida Statutes, on July 1, 2004, using a survey
9 developed by rule of the Department of State.
10 (2) The results of this survey shall be presented by
11 the Division of Elections by December 1, 2003, to the
12 Governor, the President of the Senate, and the Speaker of the
13 House of Representatives. The report must note any polling
14 places that will not meet the accessibility standards to be
15 adopted on July 1, 2004, and shall state the specific reasons
16 why those polling places may not be brought into compliance by
17 that date. For each polling place that may not be brought into
18 compliance by that date, the supervisor of elections must
19 certify that fact to the Division of Elections and shall be
20 granted a variance for that polling place until the primary
21 and general elections in 2006.
22 Section 15. Effective November 30, 2002, subsection
23 (7) is added to section 102.014, Florida Statutes, to read:
24 102.014 Poll worker recruitment and training.--
25 (7) The Department of State shall develop a mandatory,
26 statewide, and uniform program for training poll workers on
27 issues of etiquette and sensitivity with respect to voters
28 having a disability. The program must consist of approximately
29 1 hour of the required number of hours set forth in paragraph
30 (4)(a). The program must be conducted locally by each
31 supervisor of elections, who shall periodically certify to the
16
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 Department of State whether each poll worker has completed the
2 program. The supervisor of elections shall contract with a
3 recognized disability-related organization, such as a center
4 for independent living, family network on disabilities, deaf
5 service bureau, or other such organization, to develop and
6 assist with training the trainers in the disability
7 sensitivity programs. The program must include actual
8 demonstrations of obstacles confronted by disabled persons
9 during the voting process, including obtaining access to the
10 polling place, traveling through the polling area, and using
11 the voting system.
12 Section 16. Section 104.20, Florida Statutes, is
13 amended to read:
14 104.20 Ballot not to be seen, and other offenses.--Any
15 elector who, except as provided by law, allows his or her
16 ballot to be seen by any person; takes or removes, or attempts
17 to take or remove, any ballot from the polling place before
18 the close of the polls; places any mark on his or her ballot
19 by which it may be identified; remains longer than the
20 specified time allowed by law in the booth or compartment
21 after having been notified that his or her time has expired;
22 endeavors to induce any elector to show how he or she voted;
23 aids or attempts to aid any elector unlawfully; or prints or
24 procures to be printed, or has in his or her possession, any
25 copies of any ballot prepared to be voted is guilty of a
26 misdemeanor of the first degree, punishable as provided in s.
27 775.082 or s. 775.083.
28 Section 17. Paragraph (y) of subsection (1) of section
29 125.01, Florida Statutes, is amended to read:
30 125.01 Powers and duties.--
31 (1) The legislative and governing body of a county
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 shall have the power to carry on county government. To the
2 extent not inconsistent with general or special law, this
3 power includes, but is not restricted to, the power to:
4 (y) Place questions or propositions on the ballot at
5 any primary election, general election, or otherwise called
6 special election, when agreed to by a majority vote of the
7 total membership of the legislative and governing body, so as
8 to obtain an expression of elector sentiment with respect to
9 matters of substantial concern within the county. No special
10 election may be called for the purpose of conducting a straw
11 ballot. Any election costs, as defined in s. 97.021(10) s.
12 97.021(9), associated with any ballot question or election
13 called specifically at the request of a district or for the
14 creation of a district shall be paid by the district either in
15 whole or in part as the case may warrant.
16 Section 18. The Department of State may apply for
17 federal funds to be used as reimbursement to counties for the
18 cost of eligible purchases made pursuant to this act.
19 Section 19. Except as otherwise expressly provided in
20 this act, this act shall take effect July 1, 2002.
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24 And the title is amended as follows:
25 remove everything before the enacting clause
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28 A bill to be entitled
29 An act relating to elections; amending s.
30 97.021, F.S.; defining the terms "alternative
31 formats," "tactile input device," and "voter
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 interface device" for purposes of the Florida
2 Election Code; creating s. 97.026, F.S.;
3 requiring that certain forms used under the
4 code be made available in alternative formats;
5 requiring the Department of State to make such
6 forms available via the Internet if possible;
7 amending s. 98.065, F.S.; requiring that the
8 maintenance of voter registration records be
9 nondiscriminatory with respect to persons
10 having a disability; creating s. 98.122, F.S.;
11 requiring candidates, political parties, and
12 political committees to use closed captioning
13 and descriptive narrative in all television
14 broadcasts; providing that failing to file a
15 statement of reasons for failing to do so is a
16 violation of the code, for which there are
17 penalties; authorizing the Department of State
18 to adopt rules; amending ss. 100.361, 100.371,
19 F.S.; suggesting that a recall petition be
20 available in alternative formats; requiring a
21 constitutional amendment proposed by initiative
22 and other papers and forms be available in
23 alternative formats; amending s. 101.051, F.S.;
24 eliminating a requirement that an elector give
25 a reason under oath for requesting assistance
26 in voting; amending s. 101.51, F.S.; abolishing
27 limitations on the length of time a voter is
28 allowed to occupy a voting booth or
29 compartment; creating s. 101.56062, F.S.;
30 providing standards for accessible voting
31 systems; prohibiting the use of state or
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 federal funds for a voting system or system
2 components that do not meet the accessibility
3 standards; requiring any voting system used
4 after a specified date to have at least one
5 accessible voter interface device installed in
6 each precinct; authorizing the Department of
7 State to adopt rules; providing legislative
8 intent with respect to meeting or exceeding
9 minimum federal requirements for voting systems
10 and accessibility of polling places; creating
11 s. 101.662, F.S.; authorizing the Department of
12 State to work with certain parties to develop
13 procedures to allow absentee ballots to be cast
14 in alternative formats; amending s. 101.71,
15 F.S.; authorizing supervisors of elections to
16 move a polling place that does not comply with
17 requirements for accessibility; amending s.
18 101.715, F.S.; requiring that all polling
19 places be accessible by persons having a
20 disability; providing for standards that are
21 required at each polling place; authorizing the
22 Department of State to adopt rules; requiring
23 the supervisors of elections to survey polling
24 places for accessibility by a specified date;
25 providing for a report of survey results to the
26 Governor and Legislature; allowing for variance
27 until a certain time; amending s. 102.014,
28 F.S.; requiring the Department of State to
29 develop a training program for poll workers
30 concerning voters having a disability;
31 providing requirements for the program;
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HOUSE AMENDMENT
Bill No. HB 1645
Amendment No. ___ (for drafter's use only)
1 requiring supervisors of elections to certify
2 completion of the program by poll workers;
3 amending s. 104.20, F.S., relating to penalties
4 imposed against an elector for remaining in a
5 voting booth longer than the specified time;
6 conforming provisions to changes made by the
7 act; amending s. 125.01, F.S., relating to
8 powers of the governing body of a county;
9 conforming a cross-reference to changes made by
10 the act; authorizing the Department of State to
11 apply for federal funds to be used as
12 reimbursement to counties for the cost of
13 eligible purchases made pursuant to this act;
14 providing effective dates.
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