House Bill hb1645e1

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                                          HB 1645, First Engrossed



  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 Department 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, for which there are

21         penalties; authorizing the Department of State

22         to adopt rules; amending ss. 100.361, 100.371,

23         F.S.; suggesting that a recall petition be

24         available in alternative formats; requiring a

25         constitutional amendment proposed by initiative

26         and other papers and forms be available in

27         alternative formats; amending s. 101.051, F.S.;

28         eliminating a requirement that an elector give

29         a reason under oath for requesting assistance

30         in voting; amending s. 101.51, F.S.; abolishing

31         limitations on the length of time a voter is


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                                          HB 1645, First Engrossed



  1         allowed to occupy a voting booth or

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

  3         providing standards for accessible voting

  4         systems; prohibiting the use of state or

  5         federal funds for a voting system or system

  6         components that do not meet the accessibility

  7         standards; requiring any voting system used

  8         after a specified date to have at least one

  9         accessible voter interface device installed in

10         each precinct; authorizing the Department of

11         State to adopt rules; providing legislative

12         intent with respect to meeting or exceeding

13         minimum federal requirements for voting systems

14         and accessibility of polling places; creating

15         s. 101.662, F.S.; authorizing the Department of

16         State to work with certain parties to develop

17         procedures to allow absentee ballots to be cast

18         in alternative formats; amending s. 101.71,

19         F.S.; authorizing supervisors of elections to

20         move a polling place that does not comply with

21         requirements for accessibility; amending s.

22         101.715, F.S.; requiring that all polling

23         places be accessible by persons having a

24         disability; providing for standards that are

25         required at each polling place; authorizing the

26         Department of State to adopt rules; requiring

27         the supervisors of elections to survey polling

28         places for accessibility by a specified date;

29         providing for a report of survey results to the

30         Governor and Legislature; allowing for variance

31         until a certain time; amending s. 102.014,


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                                          HB 1645, First Engrossed



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

  2         develop a training program for poll workers

  3         concerning voters having a disability;

  4         providing requirements for the program;

  5         requiring supervisors of elections to certify

  6         completion of the program by poll workers;

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

  8         imposed against an elector for remaining in a

  9         voting booth longer than the specified time;

10         conforming provisions to changes made by the

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

12         powers of the governing body of a county;

13         conforming a cross-reference to changes made by

14         the act; authorizing the Department of State to

15         apply for federal funds to be used as

16         reimbursement to counties for the cost of

17         eligible purchases made pursuant to this act;

18         providing effective dates.

19

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

21

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

23  97.021, Florida Statutes, as amended by section 2 of chapter

24  2001-40, Laws of Florida, are renumbered as subsections (3)

25  through (32), respectively, present subsections (32) and (33)

26  of that section are renumbered as subsections (34) and (35),

27  respectively, present subsections (34) through (36) of that

28  section are renumbered as subsections (37) through (38),

29  respectively, and new subsections (2), (33), and (36) are

30  added to that section to read:

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                                          HB 1645, First Engrossed



  1         97.021  Definitions.--For the purposes of this code,

  2  except where the context clearly indicates otherwise, the

  3  term:

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

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

  6  101-336, 42 U.S.C. ss. 12101 et seq., including specifically

  7  the technical assistance manuals promulgated thereunder, as

  8  amended.

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

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

11  touching the device, such as a keyboard, and that complies

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

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

14  communicates voting instructions and ballot information to a

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

16  and issues.

17         Section 2.  Section 97.026, Florida Statutes, is

18  created to read:

19         97.026  Forms to be available in alternative formats

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

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

22  alternative formats. Such forms shall include absentee ballots

23  as alternative formats for such ballots become available and

24  the Division of Elections is able to certify systems that

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

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

27  Department of State via the Internet. Sections that contain

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

29  97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073,

30  97.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045,

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                                          HB 1645, First Engrossed



  1  101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657,

  2  105.031, 106.023, and 106.087.

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

  4  Statutes, is amended to read:

  5         98.065  Registration list maintenance programs.--

  6         (1)  The supervisor must conduct a general registration

  7  list maintenance program to protect the integrity of the

  8  electoral process by ensuring the maintenance of accurate and

  9  current voter registration records. The program must be

10  uniform, nondiscriminatory, and in compliance with the Voting

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

12  "nondiscriminatory" applies to and includes persons with

13  disabilities.

14         Section 4.  Section 98.122, Florida Statutes, is

15  created to read:

16         98.122  Use of closed captioning and descriptive

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

18  political party, and political committee must use closed

19  captioning and descriptive narrative in all television

20  broadcasts regulated by the Federal Communications Commission

21  that are on behalf of, or sponsored by, a candidate, political

22  party, or political committee or must file a written statement

23  with the qualifying officer setting forth the reasons for not

24  doing so. Failure to file this statement with the appropriate

25  qualifying officer constitutes a violation of the Florida

26  Election Code and is under the jurisdiction of the Florida

27  Elections Commission. The Department of State may adopt rules

28  in accordance with s. 120.54 which are necessary to administer

29  this section.

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

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


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                                          HB 1645, First Engrossed



  1         100.361  Municipal recall.--

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

  3  of a municipality or charter county, hereinafter referred to

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

  5  by the electors of the municipality.  When the official

  6  represents a district and is elected only by electors residing

  7  in that district, only electors from that district are

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

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

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

11  of the municipality, all electors of the municipality are

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

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

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

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

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

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

18  procedure:

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

20  sought to be recalled and containing a statement of grounds

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

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

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

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

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

26  petition shall be prepared for each member sought to be

27  recalled. Upon request, the content of a petition should be,

28  but is not required to be, provided by the proponent in

29  alternative formats.

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

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


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                                          HB 1645, First Engrossed



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

  2  the municipality or district as of the preceding municipal

  3  election, whichever is greater.

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

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

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

  7  number of registered electors of the municipality or district

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

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

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

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

12  number of registered electors of the municipality or district

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

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

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

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

17  number of registered electors of the municipality or district

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

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

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

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

22  total number of registered electors of the municipality or

23  district as of the preceding municipal election, whichever is

24  greater.

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

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

27  1,000 electors or by 5 percent of the total number of

28  registered electors of the municipality or district as of the

29  preceding municipal election, whichever is greater.

30

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                                          HB 1645, First Engrossed



  1  Electors of the municipality or district making charges

  2  contained in the statement of grounds for recall and those

  3  signing the recall petition shall be designated as the

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

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

  6  Electors of the municipality or district are eligible to sign

  7  the petition. Signatures and oaths of witnesses shall be

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

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

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

11  obtained on the petition.

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

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

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

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

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

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

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

19  determine whether the petition contains the required valid

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

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

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

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

24  subsequent papers or forms required or permitted to be filed

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

26  request, be made available in alternative formats.

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

28  Statutes, is amended to read:

29         100.371  Initiatives; procedure for placement on

30  ballot.--

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                                          HB 1645, First Engrossed



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

  2  prior to obtaining any signatures, register as a political

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

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

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

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

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

  8  120.54 prescribing the style and requirements of such form.

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

10  proposed amendment and all forms filed in connection with this

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

12  formats.

13         Section 7.  Subsection (4) of section 101.051, Florida

14  Statutes, is amended to read:

15         101.051  Electors seeking assistance in casting

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

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

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

19  inspectors shall require the elector requesting assistance in

20  voting to take the following oath:

21

22                 DECLARATION TO SECURE ASSISTANCE

23

24  State of Florida

25  County of ....

26  Date ....

27  Precinct ....

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

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

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

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


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                                          HB 1645, First Engrossed



  1  ..............................................................

  2  ..............................................................

  3                                      ...(Signature of voter)...

  4

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

  6  ...(year)....

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

  8         Section 8.  Section 101.51, Florida Statutes, is

  9  amended to read:

10         101.51  Electors to occupy booth alone; time allowed.--

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

12  vote, the election official shall ascertain whether the

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

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

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

16  stationed at the entrance shall announce the name of the

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31  shall immediately withdraw from the polling place.  If the


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                                          HB 1645, First Engrossed



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

  2  she shall be removed by the election officials.

  3         Section 9.  Effective upon this act becoming a law,

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

  5         101.56062  Standards for accessible voting systems.--

  6         (1)  Notwithstanding anything in this chapter to the

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

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

  9  and federal elections must include the capability to install

10  accessible voter interface devices in the system configuration

11  which will allow the system to meet the following minimum

12  standards:

13         (a)  The voting system must provide a tactile input or

14  audio input device, or both.

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

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

17  capability of audio output using synthetic or recorded human

18  speech that is reasonably phonetically accurate.

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

20  are needed for voters who are visually impaired must be

21  discernable tactilely without actuating the keys.

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

23  work both separately and simultaneously.

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

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

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

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

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

29  color combinations that do not require color perception.

30         (f)  Any voting system that requires any visual

31  perception must offer the election official who programs the


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                                          HB 1645, First Engrossed



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

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

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

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

  5  including any audio output using synthetic or recorded human

  6  speech or any auditory feedback tones that are important for

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

  8  handset or headset, in enhanced auditory fashion (increased

  9  amplification), and must provide incremental volume control

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

11         (h)  For transmitted voice signals to the voter, the

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

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

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

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

16  be included to reset the volume automatically to the voting

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

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

19  precautions in the use and sharing of headsets should be

20  followed.

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

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

23  visual cues and information.

24         (k)  Controls and operable mechanisms must be operable

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

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

27  wrist.

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

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

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

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


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                                          HB 1645, First Engrossed



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

  2  19 inches deep, or the accessible voter interface devices must

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

  4  these requirements. Tabletop installations must include

  5  adequate privacy.

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

  7  following functionalities:

  8         1.  After the initial instructions that the system

  9  requires election officials to provide to each voter, the

10  voter should be able to independently operate the voter

11  interface through the final step of casting a ballot without

12  assistance.

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

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

15  candidates are available in each race.

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

17  candidates may be selected in each race.

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

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

20  candidates that he or she intended to select.

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

22  selections that he or she has made.

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

24  must be able to change any selections previously made and

25  confirm a new selection.

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

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

28  vote the number of allowable candidates in any race and

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

30  before casting the ballot.

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                                          HB 1645, First Engrossed



  1         8.  The system must prevent the voter from overvoting

  2  any race.

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

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

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

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

  7  that the edits meet the voter's intent.

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

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

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

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

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

13  performed.

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

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

16  process of voting is complete.

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

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

19  another ballot.

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

21  2002, state or federal funds may not be used by any county or

22  municipality to purchase voting systems or voting system

23  components that do not meet the accessibility standards

24  established by this section for use beginning in the 2004

25  election cycle.

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

27  effective date of this section is not decertified. However,

28  any voting system used in any local, state, or federal

29  election after September 1, 2004, must have at least one

30  accessible voter interface device installed in each precinct

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                                          HB 1645, First Engrossed



  1  which meets the requirements of this section, except for

  2  paragraph (1)(d).

  3         (4)  The Department of State may adopt rules in

  4  accordance with s. 120.54 which are necessary to administer

  5  this section.

  6         Section 10.  It is the intent of the Legislature that

  7  this state be eligible for any funds that are available from

  8  the Federal Government to assist states in providing or

  9  improving accessibility of voting systems and polling places

10  for persons having a disability. Accordingly, all state laws,

11  rules, standards, and codes governing voting systems and

12  polling place accessibility must be maintained to ensure the

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

14  of the Legislature that all state requirements meet or exceed

15  the minimum federal requirements for voting systems and

16  polling place accessibility. This section shall take effect

17  upon this act becoming a law.

18         Section 11.  Section 101.662, Florida Statutes, is

19  created to read:

20         101.662  Accessibility of absentee ballots.--It is the

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

22  methods that are fully accessible to all voters, including

23  voters having a disability. The Department of State shall work

24  with the supervisors of elections and the disability community

25  to develop and implement procedures and technologies, as

26  possible, which will include procedures for providing absentee

27  ballots, upon request, in alternative formats that will allow

28  all voters to cast a secret, independent, and verifiable

29  absentee ballot without the assistance of another person.

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                                          HB 1645, First Engrossed



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

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

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

  4         101.71  Polling place.--

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

  6  whenever the supervisor of elections of any county determines

  7  that the accommodations for holding any election at a polling

  8  place designated for any precinct in the county are

  9  unavailable, or are inadequate for the expeditious and

10  efficient housing and handling of voting and voting

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

12  101.715, the supervisor shall may provide, not less than 30

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

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

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

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

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

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

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

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

21  building, the voting places for the several precincts involved

22  shall be established and maintained separate from each other

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

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

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

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

27  the precinct involved, with clear description of the voting

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

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

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

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                                          HB 1645, First Engrossed



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

  2  household in which there is a registered elector.

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

  4  Florida Statutes, is amended to read:

  5         (Substantial rewording of section. See

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

  7         101.715  Accessibility of polling places for people

  8  having a disability.--

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

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

11         (2)  Only those polling places complying with the

12  Florida Americans With Disabilities Accessibility

13  Implementation Act, ss. 553.501-553.513, for all portions of

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

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

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

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

18  elections.

19         (3)  The selection of a polling site must ensure

20  accessibility with respect to the following accessible

21  elements, spaces, scope, and technical requirements:

22  accessible route, space allowance and reach ranges, protruding

23  objects, ground and floor surfaces, parking and passenger

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

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

26  operating mechanisms, signage, and all other minimum

27  requirements.

28         (4)  Standards required at each polling place,

29  regardless of the age of the building or function of the

30  building, include:

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                                          HB 1645, First Engrossed



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

  2  voters, one or more signed accessible parking spaces for

  3  disabled persons.

  4         (b)  Signage identifying an accessible path of travel

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

  6  entrance.

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

  8  place.

  9         (d)  Level, firm, stable, and slip-resistant surfaces.

10         (e)  An unobstructed area for voting.

11         (f)  Sufficient lighting along the accessible path of

12  travel and within the polling place.

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

14  printed materials at each polling place must also be available

15  in alternative formats.

16         (6)  The Department of State may adopt rules in

17  accordance with s. 120.54 which are necessary to administer

18  this section.

19         Section 14.  (1)  By September 1, 2003, each polling

20  place in a county should be surveyed by the supervisor of

21  elections of that county for the purpose of determining

22  accessibility under the standards to be adopted pursuant to s.

23  101.715, Florida Statutes, on July 1, 2004, using a survey

24  developed by rule of the Department of State.

25         (2)  The results of this survey shall be presented by

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

27  Governor, the President of the Senate, and the Speaker of the

28  House of Representatives. The report must note any polling

29  places that will not meet the accessibility standards to be

30  adopted on July 1, 2004, and shall state the specific reasons

31  why those polling places may not be brought into compliance by


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                                          HB 1645, First Engrossed



  1  that date. For each polling place that may not be brought into

  2  compliance by that date, the supervisor of elections must

  3  certify that fact to the Division of Elections and shall be

  4  granted a variance for that polling place until the primary

  5  and general elections in 2006.

  6         Section 15.  Effective November 30, 2002, subsection

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

  8         102.014  Poll worker recruitment and training.--

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

10  statewide, and uniform program for training poll workers on

11  issues of etiquette and sensitivity with respect to voters

12  having a disability. The program must consist of approximately

13  1 hour of the required number of hours set forth in paragraph

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

15  supervisor of elections, who shall periodically certify to the

16  Department of State whether each poll worker has completed the

17  program. The supervisor of elections shall contract with a

18  recognized disability-related organization, such as a center

19  for independent living, family network on disabilities, deaf

20  service bureau, or other such organization, to develop and

21  assist with training the trainers in the disability

22  sensitivity programs. The program must include actual

23  demonstrations of obstacles confronted by disabled persons

24  during the voting process, including obtaining access to the

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

26  the voting system.

27         Section 16.  Section 104.20, Florida Statutes, is

28  amended to read:

29         104.20  Ballot not to be seen, and other offenses.--Any

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

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


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                                          HB 1645, First Engrossed



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

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

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

  4  specified time allowed by law in the booth or compartment

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

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

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

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

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

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

11  775.082 or s. 775.083.

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

13  125.01, Florida Statutes, is amended to read:

14         125.01  Powers and duties.--

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

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

17  extent not inconsistent with general or special law, this

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

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

20  any primary election, general election, or otherwise called

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

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

23  to obtain an expression of elector sentiment with respect to

24  matters of substantial concern within the county.  No special

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

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

27  97.021(9), associated with any ballot question or election

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

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

30  whole or in part as the case may warrant.

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                                          HB 1645, First Engrossed



  1         Section 18.  The Department of State may apply for

  2  federal funds to be used as reimbursement to counties for the

  3  cost of eligible purchases made pursuant to this act.

  4         Section 19.  Except as otherwise expressly provided in

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

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