CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Gannon offered the following:
12
13 Amendment to Amendment (152507) (with title amendment)
14 On page 6, lines 8-9,
15 remove: all of said lines
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17 and insert:
18 Section 7. Effective July 1, 2002, subsections (2)
19 through (31) of section 97.021, Florida Statutes, as amended
20 by section 2 of chapter 2001-40, Laws of Florida, are
21 renumbered as subsections (3) through (32), respectively,
22 subsections (32) and (33) of that section are renumbered as
23 subsections (34) and (35), respectively, subsections (34)
24 through (36) of that section are renumbered as subsections
25 (37) through (38), respectively, and new subsections (2),
26 (33), and (36) are added to that section to read:
27 97.021 Definitions.--For the purposes of this code,
28 except where the context clearly indicates otherwise, the
29 term:
30 (2) "Alternative formats" has the meaning ascribed in
31 the Americans with Disabilities Act of 1990, Pub. L. No.
1
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 101-336, 42 U.S.C. ss. 12101 et seq., including specifically
2 the technical-assistance manuals promulgated there under, as
3 amended.
4 (33) "Tactile input device" means a device that
5 provides information to a voting system by means of a voter
6 touching the device, such as a keyboard, and which complies
7 with the requirements of s. 101.56062(1)(k) and (l).
8 (36) "Voter interface device" means any device that
9 communicates voting instructions and ballot information to a
10 voter and allows the voter to select and vote for candidates
11 and issues.
12 Section 8. Effective July 1, 2002, section 97.026,
13 Florida Statutes, is created to read:
14 97.026 Forms to be available in alternative formats
15 and via the Internet.--All forms required to be used in
16 chapters 97-106 shall be made available upon request, in
17 alternative formats. Such forms shall include absentee ballots
18 as alternative formats for absentee ballots become available
19 and the Division of Elections is able to certify systems that
20 provide them. Whenever possible, such forms, with the
21 exception of absentee ballots, shall be made available by the
22 Department of State via the Internet. Sections that contain
23 such forms include, but are not limited to, ss. 97.051,
24 97.052, 97.053, 97.057, 97.058, 97.0583, 97.071, 97.073,
25 97.1031, 98.055, 98.075, 99.021, 100.361, 100.371, 101.045,
26 101.171, 101.20, 101.6103, 101.62, 101.64, 101.65, 101.657,
27 105.031, 106.023, and 106.087.
28 Section 9. Effective July 1, 2002, subsection (1) of
29 section 98.065, Florida Statutes, is amended to read:
30 98.065 Registration list maintenance programs.--
31 (1) The supervisor must conduct a general registration
2
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 list maintenance program to protect the integrity of the
2 electoral process by ensuring the maintenance of accurate and
3 current voter registration records. The program must be
4 uniform, nondiscriminatory, and in compliance with the Voting
5 Rights Act of 1965. As used in this subsection, the term
6 "nondiscriminatory" applies to and includes persons with
7 disabilities.
8 Section 10. Effective July 1, 2002, section 98.122,
9 Florida Statutes, is created to read:
10 98.122 Use of closed captioning and descriptive
11 narrative in all television broadcasts.--Each candidate,
12 political party, and political committee must use closed
13 captioning and descriptive narrative in all television
14 broadcasts regulated by the Federal Communications Commission
15 which are on behalf of, or sponsored by, a candidate,
16 political party, or political committee or file a written
17 statement with the qualifying officer setting forth the
18 reasons for not doing so. Failure to file this statement with
19 the appropriate qualifying officer constitutes a violation of
20 the Florida Election Code and is under the jurisdiction of the
21 Florida Elections Commission. The Department of State may
22 adopt rules in accordance with s. 120.54 which are necessary
23 to administer this section.
24 Section 11. Effective July 1, 2002, paragraphs (a) and
25 (d) of subsection (1) of section 100.361, Florida Statutes,
26 are amended to read:
27 100.361 Municipal recall.--
28 (1) RECALL PETITION.--Any member of the governing body
29 of a municipality or charter county, hereinafter referred to
30 in this section as "municipality," may be removed from office
31 by the electors of the municipality. When the official
3
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 represents a district and is elected only by electors residing
2 in that district, only electors from that district are
3 eligible to sign the petition to recall that official and are
4 entitled to vote in the recall election. When the official
5 represents a district and is elected at-large by the electors
6 of the municipality, all electors of the municipality are
7 eligible to sign the petition to recall that official and are
8 entitled to vote in the recall election. Where used in this
9 section, the term "district" shall be construed to mean the
10 area or region of a municipality from which a member of the
11 governing body is elected by the electors from such area or
12 region. Members may be removed from office by the following
13 procedure:
14 (a) A petition shall be prepared naming the person
15 sought to be recalled and containing a statement of grounds
16 for recall in not more than 200 words limited solely to the
17 grounds specified in paragraph (b). If more than one member
18 of the governing body is sought to be recalled, whether such
19 member is elected by the electors of a district or by the
20 electors of the municipality at-large, a separate recall
21 petition shall be prepared for each member sought to be
22 recalled. Upon request, the content of a petition should, but
23 is not required to, be provided by the proponent in
24 alternative formats.
25 1. In a municipality or district of fewer than 500
26 electors, the petition shall be signed by at least 50 electors
27 or by 10 percent of the total number of registered electors of
28 the municipality or district as of the preceding municipal
29 election, whichever is greater.
30 2. In a municipality or district of 500 or more but
31 fewer than 2,000 registered electors, the petition shall be
4
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 signed by at least 100 electors or by 10 percent of the total
2 number of registered electors of the municipality or district
3 as of the preceding municipal election, whichever is greater.
4 3. In a municipality or district of 2,000 or more but
5 fewer than 5,000 registered electors, the petition shall be
6 signed by at least 250 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 4. In a municipality or district of 5,000 or more but
10 fewer than 10,000 registered electors, the petition shall be
11 signed by at least 500 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 5. In a municipality or district of 10,000 or more but
15 fewer than 25,000 registered electors, the petition shall be
16 signed by at least 1,000 electors or by 10 percent of the
17 total number of registered electors of the municipality or
18 district as of the preceding municipal election, whichever is
19 greater.
20 6. In a municipality or district of 25,000 or more
21 registered electors, the petition shall be signed by at least
22 1,000 electors or by 5 percent of the total number of
23 registered electors of the municipality or district as of the
24 preceding municipal election, whichever is greater.
25
26 Electors of the municipality or district making charges
27 contained in the statement of grounds for recall and those
28 signing the recall petition shall be designated as the
29 "committee." A specific person shall be designated in the
30 petition as chair of the committee to act for the committee.
31 Electors of the municipality or district are eligible to sign
5
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 the petition. Signatures and oaths of witnesses shall be
2 executed as provided in paragraph (c). All signatures shall
3 be obtained within a period of 30 days, and the petition shall
4 be filed within 30 days after the date the first signature is
5 obtained on the petition.
6 (d) The petition shall be filed with the auditor or
7 clerk of the municipality or charter county, or his or her
8 equivalent, hereinafter referred to as clerk, by the person
9 designated as chair of the committee, and, when the petition
10 is filed, the clerk shall submit such petition to the county
11 supervisor of elections who shall, within a period of not more
12 than 30 days after the petition is filed with the supervisor,
13 determine whether the petition contains the required valid
14 signatures. The petition cannot be amended after it is filed
15 with the clerk. The supervisor shall be paid by the persons
16 or committee seeking verification the sum of 10 cents for each
17 name checked. Upon filing with the clerk, the petition and all
18 subsequent papers or forms required or permitted to be filed
19 with the clerk in connection with this section must, upon
20 request, be made available in alternative formats.
21 Section 12. Effective July 1, 2002, subsection (3) of
22 section 100.371, Florida Statutes, is amended to read:
23 100.371 Initiatives; procedure for placement on
24 ballot.--
25 (3) The sponsor of an initiative amendment shall,
26 prior to obtaining any signatures, register as a political
27 committee pursuant to s. 106.03 and submit the text of the
28 proposed amendment to the Secretary of State, with the form on
29 which the signatures will be affixed, and shall obtain the
30 approval of the Secretary of State of such form. The
31 Secretary of State shall adopt promulgate rules pursuant to s.
6
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 120.54 prescribing the style and requirements of such form.
2 Upon filing with the Secretary of State, the text of the
3 proposed amendment and all forms filed in connection with this
4 section must, upon request, be made available in alternative
5 formats.
6 Section 13. Effective July 1, 2002, section 101.017,
7 Florida Statutes, is amended to read:
8 101.017 Bureau of Voting Systems Certification.--There
9 is created a Bureau of Voting Systems Certification within the
10 Division of Elections of the Department of State which shall
11 provide technical support to the supervisors of elections and
12 which is responsible for voting system standards and
13 certification. The bureau shall cooperate and consult with the
14 Disability Advisory Council as provided in s. 101.018. The
15 positions necessary for the bureau to accomplish its duties
16 shall be established through the budgetary process.
17 Section 14. Effective July 1, 2002, section 101.018,
18 Florida Statutes, is created to read:
19 101.018 Disability Advisory Council.--There is created
20 the Disability Advisory Council within the Department of
21 State. The Secretary of State shall appoint the members of the
22 Disability Advisory Council, which shall consist of nine
23 persons, all of whom must be knowledgeable in the area of
24 voting accessibility for persons having a disability, and a
25 majority of whom must be persons having a disability. The
26 membership must include a representative who is
27 hearing-impaired, a representative who is blind, a
28 representative who has developmental disabilities, and a
29 representative who has physical disabilities.
30 (1) The council shall:
31 (a) Advise and consult with the Bureau of Voting
7
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 Systems Certification of the Division of Elections concerning
2 the implementation of accessibility standards for voting
3 systems and polling places, as such standards currently exist
4 or as subsequently adopted.
5 (b) Advise and consult with the Division of Elections
6 on the development of test procedures to verify compliance
7 with standards for the accessibility of new voting systems,
8 voting system components, and modules.
9 (c) Advise the Division of Elections on methods and
10 means to increase election participation by persons having a
11 disability.
12 (d) Develop an accessibility survey for use by all
13 supervisors of elections to determine compliance with the
14 accessibility standards for polling places.
15 (e) Recommend to the Secretary of State standards for
16 exemptions from the application of the accessibility standards
17 for polling places provided in s. 101.715.
18 (f) Study and report to the Secretary of State, on an
19 ongoing basis, concerning voting via use of the Internet.
20 (g) Study and report to the Secretary of State on
21 voting using telephones or telephone components, including
22 TTY/TDD. It is the intent of the Legislature that the
23 inclusion of this study as a function of the Disability
24 Advisory Council not prevent or delay the certification of any
25 voting system that uses telephones or telephone components
26 that are otherwise certifiable before the study.
27 (h) Study and report to the Secretary of State on
28 whether the 5 pounds of force required to operate or activate
29 the controls on any voting system, as required in s.
30 101.56062, is low enough for persons who have limited strength
31 in their hands or fingers, including the elderly.
8
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 (i) Compare the accessibility standards set forth in
2 ss. 101.56062 and 101.715 with the voluntary Voting Systems
3 Standards adopted by the Federal Elections Commission, and
4 report to the Secretary of State on the results of the
5 comparison.
6 (j) Study and report to the Secretary of State, on an
7 ongoing basis, concerning the accessibility of absentee
8 ballots to voters having a disability. It is the intent of the
9 Legislature that all means of voting in this state, including
10 voting by absentee ballot, be fully accessible to voters who
11 have a disability.
12 (k) Report annually to the Legislature suggestions for
13 how voting systems and procedures may be improved to increase
14 access for persons who have a disability.
15 (l) Coordinate with the Division of Elections to
16 provide educational materials to the supervisors of elections
17 regarding the telecommunications relay system provided in s.
18 427.704.
19 (m) Perform any additional functions deemed
20 appropriate by the Secretary of State relating to voting
21 accessibility by persons having a disability.
22 (2) The terms for the first three council members
23 appointed after July 1, 2002, shall be for 4 years, the terms
24 for the next three council members appointed shall be for 3
25 years, and the terms for the next three members shall be for 2
26 years. Thereafter, all council member appointments shall be
27 for terms of 4 years. A council member may not serve more than
28 two 4-year terms. Any member of the council may be replaced by
29 the secretary after three unexcused absences.
30 (3) Members of the council shall serve without
31 compensation, but are entitled to reimbursement for per diem
9
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 and travel expenses as provided by s. 112.061.
2 (4) The council shall meet at least four times per
3 year until September 1, 2004, and thereafter at least two
4 times per year, at a time and place to be determined by the
5 council, but may meet more often, as the council members or
6 Division of Elections find necessary.
7 Section 15. Effective July 1, 2002, subsection (4) of
8 section 101.051, Florida Statutes, is amended to read:
9 101.051 Electors seeking assistance in casting
10 ballots; oath to be executed; forms to be furnished.--
11 (4) If an elector needs assistance in voting pursuant
12 to the provisions of this section, the clerk or one of the
13 inspectors shall require the elector requesting assistance in
14 voting to take the following oath:
15
16 DECLARATION TO SECURE ASSISTANCE
17
18 State of Florida
19 County of ....
20 Date ....
21 Precinct ....
22 I, ...(Print name)..., swear or affirm that I am a
23 registered elector and request assistance from ...(Print
24 names)... in voting at the ...(name of election)... held on
25 ...(date of election).... for the following reason............
26 ..............................................................
27 ..............................................................
28 ...(Signature of voter)...
29
30 Sworn and subscribed to before me this .... day of ....,
31 ...(year)....
10
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 ...(Signature of Official Administering Oath)...
2 Section 16. Effective July 1, 2002, section 101.51,
3 Florida Statutes, is amended to read:
4 101.51 Electors to occupy booth alone; time allowed.--
5 (1) When the elector presents himself or herself to
6 vote, the election official shall ascertain whether the
7 elector's name is upon the register of electors, and, if the
8 elector's name appears and no challenge interposes, or, if
9 interposed, be not sustained, one of the election officials
10 stationed at the entrance shall announce the name of the
11 elector and permit him or her to enter the booth or
12 compartment to cast his or her vote, allowing only one elector
13 at a time to pass through to vote. An No elector, while
14 casting his or her ballot, may not shall occupy a booth or
15 compartment longer than 5 minutes or be allowed to occupy a
16 booth or compartment already occupied or to speak with anyone,
17 except as provided by s. 101.051, while in the polling place.
18 (2) If an elector requires longer than 5 minutes, then
19 upon a sufficient reason he or she may be granted a longer
20 period of time by the election officials in charge. After
21 casting his or her vote, the elector shall at once leave the
22 polling room by the exit opening and shall not be permitted to
23 reenter on any pretext whatever. After the elector has voted,
24 or declined or failed to vote within 5 minutes, he or she
25 shall immediately withdraw from the polling place. If the
26 elector refuses to leave after the lapse of 5 minutes, he or
27 she shall be removed by the election officials.
28 Section 17. Section 101.56062, Florida Statutes, is
29 created to read:
30 101.56062 Standards for accessible voting systems.--
31 (1) Notwithstanding anything in this chapter to the
11
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 contrary, after November 30, 2002, each voting system
2 certified by the Department of State for use in local, state,
3 and federal elections must include accessible voter interface
4 devices in the system configuration which will allow the
5 system to meet the following minimum standards:
6 (a) The voting system must provide a tactile-input or
7 speech-input device, or both.
8 (b) The voting system must provide a method by which
9 voters can confirm any tactile or audio input by having the
10 capability of audio output using synthetic or recorded human
11 speech that is reasonably phonetically accurate.
12 (c) Any operable controls on the input device which
13 are needed for voters who are visually impaired must be
14 discernable tactilely without actuating the keys.
15 (d) Audio and visual access approaches must be able to
16 work both separately and simultaneously.
17 (e) If a nonaudio access approach is provided, the
18 system may not require color perception. The system must use
19 black text or graphics, or both, on white background or white
20 text or graphics, or both, on black background, unless the
21 office of the Secretary of State approves other high-contrast
22 color combinations that do not require color perception.
23 (f) Any voting system that requires any visual
24 perception must offer the election official who programs the
25 system, prior to its being sent to the polling place, the
26 capability to set the font size, as it appears to the voter,
27 from a minimum of 14 points to a maximum of 24 points.
28 (g) The voting system must provide audio information,
29 including any audio output using synthetic or recorded human
30 speech or any auditory feedback tones that are important for
31 the use of the audio approach, through at least one mode, by
12
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 handset or headset, in enhanced auditory fashion (increased
2 amplification), and must provide incremental volume control
3 with output amplification up to a level of at least 97 dB SPL.
4 (h) For transmitted voice signals of the voter, the
5 voting system must provide a gain adjustable up to a minimum
6 of 20 dB with at least one intermediate step of 12 dB of gain.
7 (i) For the safety of others, if the voting system has
8 the possibility of exceeding 120 dB SPL, then a mechanism must
9 be included to reset the volume automatically to the voting
10 system's default volume level after every use, for example
11 when the handset is replaced, but not before. Also, universal
12 precautions in the use and sharing of headsets should be
13 followed.
14 (j) If sound cues and audible information such as
15 "beeps" are used, there must be simultaneous corresponding
16 visual cues and information.
17 (k) Controls and operable mechanisms must be operable
18 with one hand, including operability with a closed fist, and
19 operable without tight grasping, pinching, or twisting of the
20 wrist.
21 (l) The force required to operate or activate the
22 controls must be no greater than 5 pounds of force.
23 (m) Voting booths must have voting controls at a
24 minimum height of 36 inches above the finished floor with a
25 minimum knee clearance of 27 inches high, 30 inches wide, and
26 19 inches deep, or the accessible voter interface devices must
27 be designed so as to allow their use on top of a table to meet
28 these requirements. Tabletop installations must include
29 adequate privacy.
30 (n) Any audio ballot must provide the voter with the
31 following functionalities:
13
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 1. After the initial instructions that the system
2 requires election officials to provide to each voter, the
3 voter should be able to independently operate the voter
4 interface through the final step of casting a ballot without
5 assistance.
6 2. The voter must be able to determine the races that
7 he or she is allowed to vote in and to determine which
8 candidates are available in each race.
9 3. The voter must be able to determine how many
10 candidates may be selected in each race.
11 4. The voter must be able to have confidence that the
12 physical or vocal inputs given to the system have selected the
13 candidates that he or she intended to select.
14 5. The voter must be able to review the candidate
15 selections that he or she has made.
16 6. Prior to the act of casting the ballot, the voter
17 must be able to change any selections previously made and
18 confirm a new selection.
19 7. The system must communicate to the voter the fact
20 that the voter has failed to vote in a race or has failed to
21 vote the number of allowable candidates in any race and
22 require the voter to confirm his or her intent to undervote
23 before casting the ballot.
24 8. The system must prevent the voter from overvoting
25 any race.
26 9. The voter must be able to input a candidate's name
27 in each race that allows a write-in candidate.
28 10. The voter must be able to review his or her
29 write-in input to the interface, edit that input, and confirm
30 that the edits meet the voter's intent.
31 11. There must be a clear, identifiable action that
14
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 the voter takes to "cast" the ballot. The system must make
2 clear to the voter how to take this action so that the voter
3 has minimal risk of taking the action accidentally but, when
4 the voter intends to cast the ballot, the action can be easily
5 performed.
6 12. Once the ballot is cast, the system must confirm
7 to the voter that the action has occurred and that the voter's
8 process of voting is complete.
9 13. Once the ballot is cast, the system must preclude
10 the voter from modifying the ballot cast or voting or casting
11 another ballot.
12 (2) For contracts entered into after November 30,
13 2002, state or federal funds may not be used by any county or
14 municipality to purchase voting systems or voting system
15 components that do not meet the accessibility standards
16 established by this section for use beginning in the 2004
17 election cycle.
18 (3) A voting system that was certified before the
19 effective date of this section is not decertified. However:
20 (a) Any voting system used in any local, state, or
21 federal election after September 1, 2004, must have at least
22 one voter interface device installed in each precinct which
23 meets the requirements of this section, except for paragraph
24 (1)(d).
25 (b) For elections after November 30, 2004, the
26 Department of State in consultation with the Disability
27 Advisory Council and the supervisors of elections, shall adopt
28 rules establishing requirements and timeframes for the
29 installation of additional accessible voter interface devices
30 throughout the state.
31 (4) It is the intent of the Legislature that this
15
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Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 state be eligible for any funds that are available from the
2 Federal Government to assist states in providing or improving
3 accessibility of voting systems and polling places for persons
4 having a disability. Accordingly, all state laws, rules,
5 standards, and codes governing voting systems and polling
6 place accessibility must be maintained to assure the state's
7 eligibility to receive federal funds. It is the intent of the
8 Legislature that all state requirements meet or exceed the
9 minimum federal requirements for voting systems and polling
10 place accessibility.
11 Section 18. Effective July 1, 2002, section 101.662,
12 Florida Statutes, is created to read:
13 101.662 Accessibility of absentee ballots.--It is the
14 intent of the Legislature that voting by absentee ballot be by
15 methods that are fully accessible to all voters, including
16 voters having a disability. The Department of State shall work
17 with the Disability Advisory Council and the supervisors of
18 elections to develop and implement procedures and
19 technologies, as possible, which will include procedures for
20 providing absentee ballots, upon request, in alternative
21 formats that will allow all voters to cast a secret,
22 independent, and verifiable absentee ballot without the
23 assistance of another person.
24 Section 19. Effective July 1, 2004, subsection (2) of
25 section 101.71, Florida Statutes, as amended by section 25 of
26 chapter 2001-40, Laws of Florida, is amended to read:
27 101.71 Polling place.--
28 (2) Notwithstanding the provisions of subsection (1),
29 whenever the supervisor of elections of any county determines
30 that the accommodations for holding any election at a polling
31 place designated for any precinct in the county are
16
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 unavailable, or are inadequate for the expeditious and
2 efficient housing and handling of voting and voting
3 paraphernalia, or do not comply with the requirements of s.
4 101.715, the supervisor shall may provide, not less than 30
5 days prior to the holding of an election, provide for that the
6 voting place for such precinct to shall be moved to another
7 site that is which shall be accessible to the public on
8 election day in said precinct or, if such is not available, to
9 another site that is which shall be accessible to the public
10 on election day in a contiguous precinct. If such action of
11 the supervisor results in the voting place for two or more
12 precincts being located for the purposes of an election in one
13 building, the voting places for the several precincts involved
14 shall be established and maintained separate from each other
15 in said building. When any supervisor moves any polling place
16 pursuant to this subsection, the supervisor shall, not more
17 than 30 days or fewer than 7 days prior to the holding of an
18 election, give notice of the change of the polling place for
19 the precinct involved, with clear description of the voting
20 place to which changed, at least once in a newspaper of
21 general circulation in said county. A notice of the change of
22 the polling place involved shall be mailed, at least 14 days
23 prior to an election, to each registered elector or to each
24 household in which there is a registered elector.
25 Section 20. Effective July 1, 2004, section 101.715,
26 Florida Statutes, is amended to read:
27 (Substantial rewording of section. See
28 s. 101.715, F.S., for present text.)
29 101.715 Accessibility of polling places for people
30 having a disability.--
31 (1) All polling places must be accessible and usable
17
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 by people with disabilities, as provided in this section.
2 (2) Only those polling places complying with the
3 Florida Americans With Disabilities Accessibility
4 Implementation Act, ss. 553.501-553.513, for all portions of
5 the polling place or the structure in which it is located that
6 voters traverse going to and from the polling place and during
7 the voting process, regardless of the age or function of the
8 building, shall be used for federal, state, and local
9 elections.
10 (3) The selection of a polling site must assure
11 accessibility with respect to the following accessible
12 elements, spaces, scope, and technical requirements:
13 accessible route, space allowance and reach ranges, protruding
14 objects, ground and floor surfaces, parking and passenger
15 loading zones, curb ramps, ramps, stairs, elevators, platform
16 lifts, doors, entrances, path of egress, controls and
17 operating mechanisms, signage, and all other minimum
18 requirements.
19 (4) Standards required at each polling place,
20 regardless of the age of the building or function of the
21 building, include:
22 (a) For polling places that provide parking spaces for
23 voters, one or more signed accessible parking spaces for
24 disabled persons;
25 (b) Signage identifying an accessible path of travel
26 to the polling place if it differs from the primary route or
27 entrance;
28 (c) An unobstructed path of travel to the polling
29 place;
30 (d) Level, firm, stable, and slip-resistant surfaces;
31 (e) An unobstructed area for voting; and
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 (f) Sufficient lighting along the accessible path of
2 travel and within the polling place.
3 (5) Upon request, all ballots, instructions, and
4 printed materials at each polling place must also be available
5 in alternative formats.
6 (6) All methods used to cast a vote must allow a
7 person having a disability to cast a vote, whether assisted or
8 unassisted, at the voter's sole discretion, in a secret,
9 independent, and verifiable manner, during the same times and
10 under the same conditions available to other voters.
11 (7) The Department of State may adopt rules in
12 accordance with s. 120.54 which are necessary to administer
13 this section.
14 Section 21. (1) By September 1, 2003, each polling
15 place should be surveyed by the supervisor of elections for
16 the purpose of determining accessibility using a survey
17 developed by rule of the Department of State, after first
18 considering recommendations regarding the survey from the
19 Disability Advisory Council of the Department of State.
20 (2) The results of this survey shall be presented by
21 the Division of Elections by December 1, 2003, to the
22 Legislature and the Governor. The report must note any polling
23 places that are not accessible and state the specific reasons
24 why those polling places may not be brought into compliance.
25 For those polling places that may not be brought into
26 compliance, the supervisor of elections must certify that fact
27 to the Division of Elections and shall be granted a variance
28 for that polling place for one election cycle.
29 (3) This section shall take effect July 1, 2002.
30 Section 22. Effective November 30, 2002, subsection
31 (7) is added to section 102.014, Florida Statutes, to read:
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 102.014 Poll worker recruitment and training.--
2 (7) The Department of State shall develop a mandatory,
3 statewide, and uniform program for training poll workers on
4 issues of etiquette and sensitivity with respect to voters
5 having a disability. The program must consist of approximately
6 1 hour of the required number of hours set forth in paragraph
7 (4)(a). The program must be conducted locally by each
8 supervisor of elections, who shall periodically certify to the
9 Department of State whether each poll worker has completed the
10 program. The supervisor of elections shall contract with a
11 recognized disability related organization such as Centers for
12 Independent Living, Family Network on Disabilities, Deaf
13 Service Bureaus, or other such organizations to develop and
14 assist with training the trainers in the disability
15 sensitivity programs. The program must include actual
16 demonstrations of obstacles confronted by disabled persons
17 during the voting process, including obtaining access to the
18 polling place, traveling through the polling area, and using
19 the voting system.
20 Section 23. Effective July 1, 2002, section 104.20,
21 Florida Statutes, is amended to read:
22 104.20 Ballot not to be seen, and other offenses.--Any
23 elector who, except as provided by law, allows his or her
24 ballot to be seen by any person; takes or removes, or attempts
25 to take or remove, any ballot from the polling place before
26 the close of the polls; places any mark on his or her ballot
27 by which it may be identified; remains longer than the
28 specified time allowed by law in the booth or compartment
29 after having been notified that his or her time has expired;
30 endeavors to induce any elector to show how he or she voted;
31 aids or attempts to aid any elector unlawfully; or prints or
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 procures to be printed, or has in his or her possession, any
2 copies of any ballot prepared to be voted is guilty of a
3 misdemeanor of the first degree, punishable as provided in s.
4 775.082 or s. 775.083.
5 Section 24. Effective July 1, 2002, paragraph (y) of
6 subsection (1) of section 125.01, Florida Statutes, is amended
7 to read:
8 125.01 Powers and duties.--
9 (1) The legislative and governing body of a county
10 shall have the power to carry on county government. To the
11 extent not inconsistent with general or special law, this
12 power includes, but is not restricted to, the power to:
13 (y) Place questions or propositions on the ballot at
14 any primary election, general election, or otherwise called
15 special election, when agreed to by a majority vote of the
16 total membership of the legislative and governing body, so as
17 to obtain an expression of elector sentiment with respect to
18 matters of substantial concern within the county. No special
19 election may be called for the purpose of conducting a straw
20 ballot. Any election costs, as defined in s. 97.021(10) s.
21 97.021(9), associated with any ballot question or election
22 called specifically at the request of a district or for the
23 creation of a district shall be paid by the district either in
24 whole or in part as the case may warrant.
25 Section 25. Pursuant to section 287.064, Florida
26 Statutes, the Comptroller and the State Board of
27 Administration, in coordination with the Department of State,
28 may develop a consolidated financing mechanism for the
29 purchase or lease-purchase of voting equipment for individuals
30 having a disability, as provided in this act. Financing may be
31 issued under one or more financing agreements at such
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 intervals and in such amounts to fund any approved purchase or
2 lease-purchase made under this act. The Department of State
3 may apply for federal funds to be used as reimbursement for
4 the cost of eligible purchases made under this act and may
5 apply such reimbursement, or its pro rata share, to satisfy
6 the obligations in whole or in part. This section shall take
7 effect July 1, 2002.
8 Section 26. Except as otherwise expressly provided in
9 this act, this act shall take effect upon becoming a law.
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13 And the title is amended as follows:
14 On page 6, line 18, through page 7, line 17, of the
15 amendment
16 remove: all of said lines
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18 and insert:
19 An act relating to elections; amending s.
20 97.052, F.S.; authorizing private individuals
21 and groups to reproduce voter registration
22 applications under certain conditions; amending
23 s. 97.057, F.S.; requiring the Department of
24 Highway Safety and Motor Vehicles to forward
25 copies of unsigned voter registration
26 applications within a specified period to the
27 appropriate supervisors of elections; amending
28 s. 97.058, F.S.; requiring voter registration
29 agencies to forward copies of incompleted voter
30 registration applications within a specified
31 period to the appropriate supervisors of
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 elections; amending s. 97.071, F.S.; requiring
2 voter registration identification cards to have
3 the name, rather than the signature, of the
4 supervisor of elections; amending s. 97.1031,
5 F.S.; revising notice requirements for change
6 of residence within the same county; amending
7 s. 98.0977, F.S.; revising duties of the
8 supervisor of elections relating to maintenance
9 of the voter registration rolls; providing for
10 a hearing, as an alternative to notice, to
11 determine the eligibility of voters convicted
12 of a felony or adjudicated mentally
13 incapacitated with respect to voting; requiring
14 removal of a person's name from the
15 registration books upon a determination of
16 sufficient evidence; providing for appeal and
17 for payment of the costs thereof; amending s.
18 97.021, F.S.; defining the terms "alternative
19 formats," "tactile input device," and "voter
20 interface device" for purposes of the Florida
21 Election Code; creating s. 97.026, F.S.;
22 requiring that certain forms used under the
23 code be made available in alternative formats;
24 requiring the Secretary of State to make such
25 forms available via the Internet if possible;
26 amending s. 98.065, F.S.; requiring that the
27 maintenance of voter registration records be
28 nondiscriminatory with respect to persons
29 having a disability; creating s. 98.122, F.S.;
30 requiring candidates, political parties, and
31 political committees to use closed captioning
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 and descriptive narrative in all television
2 broadcasts; providing that failing to file a
3 statement of reasons for failing to do so is a
4 violation of the code; authorizing the
5 Department of State to adopt rules; amending
6 ss. 100.361, 100.371, F.S.; suggesting that a
7 recall petition be available in alternative
8 formats; requiring a constitutional amendment
9 proposed by initiative and other papers and
10 forms be available in alternative formats;
11 amending s. 101.017, F.S.; requiring that the
12 Bureau of Voting Systems Certification
13 cooperate and consult with the Disability
14 Advisory Council; creating s. 101.018, F.S.;
15 creating the Disability Advisory Council within
16 the Department of State; providing for
17 membership of the council; specifying duties of
18 the council; providing for terms of office;
19 providing that council members are entitled to
20 reimbursement for per diem and travel expenses;
21 providing for meetings of the council; amending
22 s. 101.051, F.S.; eliminating a requirement
23 that an elector give a reason under oath for
24 requesting assistance in voting; amending s.
25 101.51, F.S.; abolishing limitations on the
26 length of time a voter is allowed to occupy a
27 voting booth or compartment; creating s.
28 101.56062, F.S.; providing standards for
29 accessible voting systems; prohibiting the use
30 of state or federal funds for a voting system
31 or system components that do not meet the
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 accessibility standards; requiring any voting
2 system used after a specified date to have at
3 least one voter interface device that complies
4 with accessibility requirements in each
5 precinct; providing legislative intent with
6 respect to meeting or exceeding minimum federal
7 requirements for voting systems and
8 accessibility of polling places; creating s.
9 101.662, F.S.; authorizing the Department of
10 State to work with certain parties to develop
11 procedures to allow absentee ballots to be cast
12 in alternative formats; amending s. 101.71,
13 F.S.; authorizing supervisors of elections to
14 move a polling place that does not comply with
15 requirements for accessibility; amending s.
16 101.715, F.S.; requiring that all polling
17 places be accessible by persons having a
18 disability; providing for standards that are
19 required at each polling place; requiring the
20 supervisors of elections to survey polling
21 places by a specified date; providing for a
22 report of survey results to the Governor and
23 Legislature; allowing for variance for two
24 election cycles; authorizing the Department of
25 State to adopt rules; amending s. 102.014,
26 F.S.; requiring the Department of State to
27 develop a training program for poll workers
28 concerning voters having a disability;
29 providing requirements for the program;
30 requiring supervisors of elections to certify
31 completion of the program by poll workers;
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HOUSE AMENDMENT
Bill No. HB 493
Amendment No. ___ (for drafter's use only)
1 amending s. 104.20, F.S., relating to penalties
2 imposed against an elector for remaining in a
3 voting booth longer than the specified time;
4 conforming provisions to changes made by the
5 act; amending s. 125.01, F.S., relating to
6 powers of the governing body of a county;
7 conforming a cross-reference to changes made by
8 the act; authorizing the Comptroller and the
9 State Board of Administration to develop a
10 consolidated financing mechanism for the
11 purchase or lease-purchase of voting equipment
12 for individuals having a disability; providing
13 effective dates.
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