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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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Crow and Lacasa offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

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

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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

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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

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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

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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

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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

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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:

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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

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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

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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

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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

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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

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                                                   HOUSE AMENDMENT

                                                  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

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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

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                                                   HOUSE AMENDMENT

                                                  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.

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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

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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.

21

22

23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25  remove everything before the enacting clause

26

27  and insert:

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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