HB 1861 2003
1	A bill to be entitled
2	An act relating to elections; amending s. 97.012, F.S.;
3	revising and providing duties of the Secretary of State as
4	chief election officer; amending s. 97.021, F.S.; deleting
5	the definition of "central voter file"; revising the
6	definition of "provisional ballot"; conforming a cross
7	reference; amending s. 97.052, F.S.; requiring the uniform
8	statewide voter registration application to contain a
9	notice to first-time registrants about required
10	identification prior to voting the first time; amending s.
11	97.053, F.S.; authorizing use of a driver's license or
12	state-issued identification card number in lieu of a
13	portion of the social security number on a voter
14	registration application; creating s. 97.028, F.S.;
15	providing procedures on complaints of violations of Title
16	III of the Help America Vote Act of 2002; creating s.
17	97.0535, F.S.; providing registration requirements for
18	applicants who register by mail and who haven't previously
19	voted in the county; amending s. 98.045, F.S.; deleting a
20	reference, to conform; repealing s. 98.097, F.S., relating
21	to the central voter file; amending s. 98.0977, F.S.;
22	providing for continued operation and maintenance of the
23	statewide voter registration database until the statewide
24	voter registration system required by the Help America
25	Vote Act of 2002 is operational; requiring the Department
26	of State to begin the development of a statewide voter
27	registration system designed to meet certain requirements
28	of the Help America Vote Act of 2002; amending s. 98.212,
29	F.S.; removing duty of supervisors of elections relating
30	to the central voter file, to conform; amending s. 98.461,
31	F.S.; requiring use of a computer printout as a precinct
32	register at the polls; requiring the precinct register to
33	contain space for elector signatures and clerk or
34	inspector initials; amending and renumbering s. 98.471,
35	F.S.; providing requirements for identification required
36	at the polls; providing for voting a provisional ballot
37	under certain circumstances; repealing s. 98.491, F.S.,
38	relating to intent that alternative electronic procedures
39	for registration and elections be followed at the
40	discretion of the supervisor of elections; amending s.
41	101.048, F.S.; providing for casting a provisional ballot
42	by electronic means; requiring each supervisor of
43	elections to create a free access system that allows each
44	person casting a provisional ballot to find out whether
45	the ballot was counted and, if not, why; requiring each
46	person casting a provisional ballot to be given written
47	instructions regarding the free access system; creating s.
48	101.049, F.S.; requiring voting that occurs during polling
49	hours extended by a court or other order to be done by
50	provisional ballot; providing requirements for casting
51	provisional ballots under such circumstances; amending s.
52	101.111, F.S.; revising provisions relating to challenging
53	the right of a person to vote; providing for voting a
54	provisional ballot under certain circumstances; amending
55	s. 101.56062, F.S.; revising standards for accessible
56	voting systems to remove standards relating to audio and
57	visual access approaches; amending s. 101.62, F.S.;
58	providing an exception to limiting an absentee ballot
59	request to ballots for elections within a single calendar
60	year; amending s. 101.64, F.S.; revising a reference on
61	the Voter's Certificate; amending s. 101.65, F.S.;
62	revising the instructions to absentee electors to include
63	instructions to prevent overvoting; amending s. 101.657,
64	F.S.; requiring certain persons voting absentee in person
65	to vote a provisional ballot; creating s. 101.6921, F.S.;
66	providing requirements for delivery of special absentee
67	ballots for certain first-time voters; creating s.
68	101.6923, F.S.; providing voter instructions for such
69	special absentee ballots; creating s. 101.6925, F.S.;
70	providing requirements for the canvassing of special
71	absentee ballots; amending s. 101.694, F.S.; authorizing
72	federal postcard applicants for absentee ballots to
73	receive ballots for two general election cycles; amending
74	s. 102.141, F.S.; requiring the canvassing of provisional
75	ballots cast during any extended polling-hour period to
76	segregate the votes from such ballots from other votes;
77	amending s. 125.01, F.S.; conforming a cross reference;
78	repealing s. 20, ch. 2002-281, Laws of Florida;
79	eliminating future revision of a cross reference, to
80	conform; amending s. 163.511, F.S.; revising a reference;
81	amending s. 22, ch. 2002-281, Laws of Florida; deferring
82	the applicability of certain revisions to the election
83	code affecting persons with disabilities; providing
84	effective dates.
85
86	Be It Enacted by the Legislature of the State of Florida:
87
88	Section 1. Section 97.012, Florida Statutes, is amended to
89	read:
90	97.012 Secretary of State as chief election officer.--The
91	Secretary of State is the chief election officer of the state,
92	and it is his or her responsibility to:
93	(1) Obtain and maintain uniformity in the application,
94	operation, and interpretation of the election laws.
95	(2) Provide uniform standards for the proper and equitable
96	implementation of the registration laws.
97	(3) Actively seek out and collect the data and statistics
98	necessary to knowledgeably scrutinize the effectiveness of
99	election laws.
100	(4) Provide technical assistance to the supervisors of
101	elections on voter education and election personnel training
102	services.
103	(5) Provide technical assistance to the supervisors of
104	elections on voting systems.
105	(6) Provide voter education assistance to the public.
106	(7) Coordinate the state's responsibilities under the
107	National Voter Registration Act of 1993.
108	(8) Provide training to all affected state agencies on the
109	necessary procedures for proper implementation of this chapter.
110	(9) Ensure that all registration applications and forms
111	prescribed or approved by the department are in compliance with
112	the Voting Rights Act of 1965.
113	(10) Coordinate with the United States Department of
114	Defense so that armed forces recruitment offices administer
115	voter registration in a manner consistent with the procedures
116	set forth in this code for voter registration agencies.
117	(11) Create and maintain a statewide voter registration
118	databasecentral voter file.
119	(12) Maintain a voter fraud hotline and provide election
120	fraud education to the public.
121	(13) Designate an office within the department to be
122	responsible for providing information regarding voter
123	registration procedures and absentee ballot procedures to absent
124	uniformed services voters and overseas voters.
125	Section 2. Section 97.021, Florida Statutes, is amended to
126	read:
127	97.021 Definitions.--For the purposes of this code, except
128	where the context clearly indicates otherwise, the term:
129	(1) "Absent elector" means any registered and qualified
130	voter who casts an absentee ballot.
131	(2) "Alternative formats" has the meaning ascribed in the
132	Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 42
133	U.S.C. ss. 12101 et seq., including specifically the technical
134	assistance manuals promulgated thereunder, as amended.
135	(3) "Ballot" or "official ballot" when used in reference
136	to:
137	(a) "Paper ballots" means that printed sheet of paper,
138	used in conjunction with an electronic or electromechanical vote
139	tabulation voting system, containing the names of candidates, or
140	a statement of proposed constitutional amendments or other
141	questions or propositions submitted to the electorate at any
142	election, on which sheet of paper an elector casts his or her
143	vote.
144	(b) "Electronic or electromechanical devices" means a
145	ballot that is voted by the process of electronically
146	designating, including by touchscreen, or marking with a marking
147	device for tabulation by automatic tabulating equipment or data
148	processing equipment.
149	(4) "Candidate" means any person to whom any one or more
150	of the following applies:
151	(a) Any person who seeks to qualify for nomination or
152	election by means of the petitioning process.
153	(b) Any person who seeks to qualify for election as a
154	write-in candidate.
155	(c) Any person who receives contributions or makes
156	expenditures, or gives his or her consent for any other person
157	to receive contributions or make expenditures, with a view to
158	bringing about his or her nomination or election to, or
159	retention in, public office.
160	(d) Any person who appoints a treasurer and designates a
161	primary depository.
162	(e) Any person who files qualification papers and
163	subscribes to a candidate's oath as required by law.
164
165	However, this definition does not include any candidate for a
166	political party executive committee.
167	(5) "Central voter file" means a statewide, centrally
168	maintained database containing voter registration information of
169	all counties in this state.
170	(5)(6)"Department" means the Department of State.
171	(6)(7)"Division" means the Division of Elections of the
172	Department of State.
173	(7)(8)"Election" means any primary election, special
174	primary election, special election, general election, or
175	presidential preference primary election.
176	(8)(9)"Election board" means the clerk and inspectors
177	appointed to conduct an election.
178	(9)(10)"Election costs" shall include, but not be limited
179	to, expenditures for all paper supplies such as envelopes,
180	instructions to voters, affidavits, reports, ballot cards,
181	ballot booklets for absentee voters, postage, notices to voters;
182	advertisements for registration book closings, testing of voting
183	equipment, sample ballots, and polling places; forms used to
184	qualify candidates; polling site rental and equipment delivery
185	and pickup; data processing time and supplies; election records
186	retention; and labor costs, including those costs uniquely
187	associated with absentee ballot preparation, poll workers, and
188	election night canvass.
189	(10)(11)"Elector" is synonymous with the word "voter" or
190	"qualified elector or voter," except where the word is used to
191	describe presidential electors.
192	(11)(12)"General election" means an election held on the
193	first Tuesday after the first Monday in November in the even-
194	numbered years, for the purpose of filling national, state,
195	county, and district offices and for voting on constitutional
196	amendments not otherwise provided for by law.
197	(12)(13)"Lists of registered electors" means copies of
198	printed lists of registered electors, computer tapes or disks,
199	or any other device used by the supervisor of elections to
200	maintain voter records.
201	(13)(14)"Member of the Merchant Marine" means an
202	individual, other than a member of a uniformed service or an
203	individual employed, enrolled, or maintained on the Great Lakes
204	for the inland waterways, who is:
205	(a) Employed as an officer or crew member of a vessel
206	documented under the laws of the United States, a vessel owned
207	by the United States, or a vessel of foreign-flag registry under
208	charter to or control of the United States; or
209	(b) Enrolled with the United States for employment or
210	training for employment, or maintained by the United States for
211	emergency relief service, as an officer or crew member of such
212	vessel.
213	(14)(15)"Minor political party" is any group as defined
214	in this subsection which on January 1 preceding a primary
215	election does not have registered as members 5 percent of the
216	total registered electors of the state. Any group of citizens
217	organized for the general purposes of electing to office
218	qualified persons and determining public issues under the
219	democratic processes of the United States may become a minor
220	political party of this state by filing with the department a
221	certificate showing the name of the organization, the names of
222	its current officers, including the members of its executive
223	committee, and a copy of its constitution or bylaws. It shall be
224	the duty of the minor political party to notify the department
225	of any changes in the filing certificate within 5 days of such
226	changes.
227	(15)(16)"Newspaper of general circulation" means a
228	newspaper printed in the language most commonly spoken in the
229	area within which it circulates and which is readily available
230	for purchase by all inhabitants in the area of circulation, but
231	does not include a newspaper intended primarily for members of a
232	particular professional or occupational group, a newspaper the
233	primary function of which is to carry legal notices, or a
234	newspaper that is given away primarily to distribute
235	advertising.
236	(16)(17)"Nominal value" means having a retail value of
237	$10 or less.
238	(17)(18)"Nonpartisan office" means an office for which a
239	candidate is prohibited from campaigning or qualifying for
240	election or retention in office based on party affiliation.
241	(18)(19)"Office that serves persons with disabilities"
242	means any state office that takes applications either in person
243	or over the telephone from persons with disabilities for any
244	program, service, or benefit primarily related to their
245	disabilities.
246	(19)(20)"Overseas voter" means:
247	(a) Members of the uniformed services while in the active
248	service who are permanent residents of the state and are
249	temporarily residing outside the territorial limits of the
250	United States and the District of Columbia;
251	(b) Members of the Merchant Marine of the United States
252	who are permanent residents of the state and are temporarily
253	residing outside the territorial limits of the United States and
254	the District of Columbia; and
255	(c) Other citizens of the United States who are permanent
256	residents of the state and are temporarily residing outside the
257	territorial limits of the United States and the District of
258	Columbia,
259
260	who are qualified and registered to vote as provided by law.
261	(20)(21)"Overvote" means that the elector marks or
262	designates more names than there are persons to be elected to an
263	office or designates more than one answer to a ballot question,
264	and the tabulator records no vote for the office or question.
265	(21)(22)"Persons with disabilities" means individuals who
266	have a physical or mental impairment that substantially limits
267	one or more major life activities.
268	(22)(23)"Polling place" is the building which contains
269	the polling room where ballots are cast.
270	(23)(24)"Polling room" means the actual room in which
271	ballots are cast.
272	(24)(25)"Primary election" means an election held
273	preceding the general election for the purpose of nominating a
274	party nominee to be voted for in the general election to fill a
275	national, state, county, or district office. The first primary
276	is a nomination or elimination election; the second primary is a
277	nominating election only.
278	(25)(26) "Provisional ballot" means a conditional ballot,
279	the validity of which is determined by the canvassing board
280	issued to a voter by the election board at the polling place on
281	election day for one of the following reasons:
282	(a) The voter's name does not appear on the precinct
283	register and verification of the voter's eligibility cannot be
284	determined; or
285	(b) There is an indication on the precinct register that
286	the voter has requested an absentee ballot and there is no
287	indication whether the voter has returned the absentee ballot.
288	(26)(27)"Public assistance" means assistance provided
289	through the food stamp program; the Medicaid program; the
290	Special Supplemental Food Program for Women, Infants, and
291	Children; and the WAGES Program.
292	(27)(28)"Public office" means any federal, state, county,
293	municipal, school, or other district office or position which is
294	filled by vote of the electors.
295	(28)(29)"Qualifying educational institution" means any
296	public or private educational institution receiving state
297	financial assistance which has, as its primary mission, the
298	provision of education or training to students who are at least
299	18 years of age, provided such institution has more than 200
300	students enrolled in classes with the institution and provided
301	that the recognized student government organization has
302	requested this designation in writing and has filed the request
303	with the office of the supervisor of elections in the county in
304	which the institution is located.
305	(29)(30)"Special election" is a special election called
306	for the purpose of voting on a party nominee to fill a vacancy
307	in the national, state, county, or district office.
308	(30)(31)"Special primary election" is a special
309	nomination election designated by the Governor, called for the
310	purpose of nominating a party nominee to be voted on in a
311	general or special election.
312	(31)(32)"Supervisor" means the supervisor of elections.
313	(32)(33)"Tactile input device" means a device that
314	provides information to a voting system by means of a voter
315	touching the device, such as a keyboard, and that complies with
316	the requirements of s. 101.56062(1)(k) and (l).
317	(33)(34)"Undervote" means that the elector does not
318	properly designate any choice for an office or ballot question,
319	and the tabulator records no vote for the office or question.
320	(34)(35)"Uniformed services" means the Army, Navy, Air
321	Force, Marine Corps, and Coast Guard, the commissioned corps of
322	the Public Health Service, and the commissioned corps of the
323	National Oceanic and Atmospheric Administration.
324	(35)(36)"Voter interface device" means any device that
325	communicates voting instructions and ballot information to a
326	voter and allows the voter to select and vote for candidates and
327	issues.
328	(36)(37)"Voter registration agency" means any office that
329	provides public assistance, any office that serves persons with
330	disabilities, any center for independent living, or any public
331	library.
332	(37)(38)"Voting booth" or "booth" means that booth or
333	enclosure wherein an elector casts his or her ballot for
334	tabulation by an electronic or electromechanical device.
335	(38)(39)"Voting system" means a method of casting and
336	processing votes that functions wholly or partly by use of
337	electromechanical or electronic apparatus or by use of paper
338	ballots and includes, but is not limited to, the procedures for
339	casting and processing votes and the programs, operating
340	manuals, tabulating cards, printouts, and other software
341	necessary for the system's operation.
342	Section 3. (1) Subsection (32) of section 97.021, Florida
343	Statutes, as amended by this act, is amended to read:
344	97.021 Definitions.--For the purposes of this code, except
345	where the context clearly indicates otherwise, the term:
346	(32) "Tactile input device" means a device that provides
347	information to a voting system by means of a voter touching the
348	device, such as a keyboard, and that complies with the
349	requirements of s. 101.56062(1)(j) and (k) and (l).
350	(2) The amendment of subsection (32) of section 97.021,
351	Florida Statutes, by this section shall take effect on the date
352	the amendment of section 101.56062, Florida Statutes, by this
353	act takes effect.
354	Section 4. Subsection (3) of section 97.052, Florida
355	Statutes, is amended to read:
356	97.052 Uniform statewide voter registration application.--
357	(3) The uniform statewide voter registration application
358	must also contain:
359	(a) The oath required by s. 3, Art. VI of the State
360	Constitution and s. 97.051.
361	(b) A statement specifying each eligibility requirement
362	under s. 97.041.
363	(c) The penalties provided in s. 104.011 for false
364	swearing in connection with voter registration.
365	(d) A statement that, if an applicant declines to register
366	to vote, the fact that the applicant has declined to register
367	will remain confidential and may be used only for voter
368	registration purposes.
369	(e) A statement that informs the applicant who chooses to
370	register to vote or update a voter registration record that the
371	office at which the applicant submits a voter registration
372	application or updates a voter registration record will remain
373	confidential and may be used only for voter registration
374	purposes.
375	(f) A statement that informs the applicant that any person
376	who has been granted a homestead exemption in this state, and
377	who registers to vote in any precinct other than the one in
378	which the property for which the homestead exemption has been
379	granted, shall have that information forwarded to the property
380	appraiser where such property is located, which may result in
381	the person's homestead exemption being terminated and the person
382	being subject to assessment of back taxes under s. 193.092,
383	unless the homestead granted the exemption is being maintained
384	as the permanent residence of a legal or natural dependent of
385	the owner and the owner resides elsewhere.
386	(g) A statement informing the applicant that if the form is
387	submitted by mail and the applicant is registering for the first
388	time, the applicant will be required to provide identification
389	prior to voting the first time.
390	Section 5. Paragraph (a) of subsection (5) of section
391	97.053, Florida Statutes, is amended to read:
392	97.053 Acceptance of voter registration applications.--
393	(5)(a) A voter registration application is complete if it
394	contains:
395	1. The applicant's name.
396	2. The applicant's legal residence address.
397	3. The applicant's date of birth.
398	4. An indication that the applicant is a citizen of the
399	United States.
400	5. The applicant’s Florida driver’s license number, the
401	identification number from a Florida identification card issued
402	under s. 322.051, orthe last four digits of the applicant's
403	social security number.
404	6. An indication that the applicant has not been convicted
405	of a felony or that, if convicted, has had his or her civil
406	rights restored.
407	7. An indication that the applicant has not been
408	adjudicated mentally incapacitated with respect to voting or
409	that, if so adjudicated, has had his or her right to vote
410	restored.
411	8. Signature of the applicant swearing or affirming under
412	the penalty for false swearing pursuant to s. 104.011 that the
413	information contained in the registration application is true
414	and subscribing to the oath required by s. 3, Art. VI of the
415	State Constitution and s. 97.051.
416	Section 6. Effective upon this act becoming a law, section
417	97.028, Florida Statutes, is created to read:
418	97.028 Procedures on complaints of violations of Title III
419	of the Help America Vote Act of 2002.--
420	(1)(a) Any person who believes that a violation of Title
421	III of the Help America Vote Act of 2002 has occurred, is
422	occurring, or is about to occur may file a complaint with the
423	department.
424	(b) The complaint must be in writing and must be signed and
425	sworn to before a notary by the person filing the complaint.
426	Further, the complaint must state the alleged violation and the
427	person or entity responsible for the violation. The department
428	shall prescribe the form for complaints filed under this section.
429	If the department determines that the complaint fails to allege
430	both a violation and a person or entity responsible for the
431	violation, or that the complaint is not properly executed, the
432	department shall inform the complainant in writing that the
433	complaint is legally insufficient.
434	(c) For purposes of this section, a violation of Title III
435	of the Help America Vote Act of 2002 is the failure to perform an
436	act required or the performance of an act prohibited by Title III
437	of the Help America Vote Act of 2002 by a covered person or
438	entity.
439	(d) The department shall have sole jurisdiction over
440	complaints filed under the provisions of this section.
441	(e) This section provides the sole avenue of redress for
442	alleged violations of Title III of the Help America Vote Act of
443	2002 and does not give rise to any other cause of action.
444	(f) The department may consolidate complaints filed under
445	this section.
446	(g) All proceedings under this section are exempt from
447	chapter 120.
448	(2)(a) When a legally sufficient complaint is filed with
449	the department, the agency head shall designate a hearing officer
450	who shall:
451	1. Provide the subject of the complaint with a copy of the
452	complaint. The subject of the complaint shall, within 10 days
453	after receipt of the complaint, file with the department a
454	written, sworn response to the complaint.
455	2. Upon receipt of the response, the hearing officer shall
456	review both sworn filings to determine whether a violation of the
457	Title III of the Help America Vote Act of 2002 has occurred, is
458	occurring, or is about to occur. The complaint and the response
459	shall constitute the official hearing record to be considered by
460	the hearing officer. The hearing officer shall provide the
461	complainant with a copy of the response.
462	3. At the hearing officer’s discretion, the complainant and
463	the respondent may be ordered by the hearing officer to provide
464	additional sworn oral or written statements or additional
465	documents to assist the hearing officer in making his or her
466	determination. Further, other relevant witnesses may also be
467	ordered by the hearing officer to give sworn testimony or to
468	provide relevant documents to assist the hearing officer in
469	making his or her determination. Any such statements or documents
470	received by the hearing officer shall also become part of the
471	official hearing record. For purposes of this section, the
472	hearing officer is authorized to administer oaths and to issue
473	subpoenas.
474	4. The hearing officer shall advise both the complainant
475	and respondent in writing of their determination. If the hearing
476	officer determines that no violation has occurred, is occurring,
477	or is about to occur, the department shall dismiss the complaint
478	and publish its determination. If the hearing officer determines
479	that a violation of Title III of the Help America Vote Act has
480	occurred, is occurring, or is about to occur, the department
481	shall issue and deliver an order directing the appropriate
482	remedy to persons responsible for effecting such remedy. The
483	issuance of an order does not constitute agency action for which
484	a hearing under ss. 120.569 or 120.57 may be sought. For
485	purposes of enforcing the order, the department may initiate a
486	proceeding in the name of the state seeking issuance of an
487	injunction, a writ of mandamus, or other equitable remedy
488	against any person who violates any provision of such order.
489	5. The department shall make a final determination with
490	respect to the complaint within 90 days after the date that the
491	complaint was filed, unless the complainant consents to a longer
492	period for making such a determination.
493	(b) If the department fails to meet the deadline
494	established in subparagraph (a)5., the complaint shall be
495	forwarded to mediation. Mediation shall occur within 60 days
496	after the department’s failure to make a determination within the
497	timeframe established in subparagraph (a)5. The record created
498	under this section shall be made available for use in the
499	mediation.
500	Section 7. Section 97.0535, Florida Statutes, is created
501	to read:
502	97.0535 Special requirements for certain applicants.--
503	(1) Each applicant who registers by mail and who has never
504	previously voted in the county shall be required to provide a
505	copy of a current and valid photo identification, as provided in
506	subsection (3), or indicate that he or she is exempt from the
507	requirements prior to voting. The applicant may provide the
508	identification or indication at the time of registering, or at
509	any time prior to voting for the first time in the county. If the
510	voter registration application clearly provides information from
511	which the supervisor can determine that the applicant meets at
512	least one of the exemptions in subsection (4), the supervisor
513	shall make the notation on the registration records and the
514	applicant shall not be required to provide further information
515	that is required of first time voters who register by mail.
516	(2) The supervisor of elections shall, upon accepting the
517	voter registration for an applicant who registered by mail and
518	who has not previously voted in the county, determine if the
519	applicant provided the required identification at the time of
520	registering. If the required identification was not provided, the
521	supervisor shall notify the applicant that he or she must provide
522	the identification prior to voting the first time in the county.
523	(3) The following forms of identification shall be
524	considered current and valid if they contain the name and
525	photograph of the applicant and have not expired:
526	(a) Florida driver’s license.
527	(b) Florida identification card issued by the Department of
528	Highway Safety and Motor Vehicles.
529	(c) United States passport.
530	(d) Employee badge or identification.
531	(e) Buyer’s club identification.
532	(f) Debit or credit card.
533	(g) Military identification.
534	(h) Student identification.
535	(i) Retirement center identification.
536	(j) Neighborhood association identification.
537	(k) Entertainment identification.
538	(l) Public assistance identification.
539	(4) The following persons are exempt from the
540	identification requirements of this section:
541	(a) Persons 65 years of age or older.
542	(b) Persons with a temporary or permanent physical
543	disability.
544	(c) Members of the uniformed service on active duty who, by
545	reason of such active duty, are absent from the county on
546	election day.
547	(d) Members of the merchant marine who, by reason of
548	service in the merchant marine, are absent from the county on
549	election day.
550	(e) The spouse or dependent of a member referred to in
551	paragraph (c) or paragraph (d) who, by reason of the active duty
552	or service of the member, is absent from the county on election
553	day.
554	(f) Persons currently residing outside the United States
555	who are eligible to vote in Florida.
556	Section 8. Subsection (3) of section 98.045, Florida
557	Statutes, is amended to read:
558	98.045 Administration of voter registration.--
559	(3) Notwithstanding the provisions of ss. 98.095, 98.097,
560	and 98.0977,each supervisor shall maintain for at least 2
561	years, and make available for public inspection and copying, all
562	records concerning implementation of registration list
563	maintenance programs and activities conducted pursuant to ss.
564	98.065, 98.075, and 98.0977. The records must include lists of
565	the name and address of each person to whom an address
566	confirmation final notice was sent and information as to whether
567	each such person responded to the mailing, but may not include
568	any information that is confidential or exempt from public
569	record requirements under this code.
570	Section 9. Section 98.097, Florida Statutes, is repealed.
571	Section 10. Section 98.0977, Florida Statutes, is amended
572	to read:
573	98.0977 Statewide voter registration database; operation
574	developmentand maintenance.--
575	(1) From the funds appropriated, The department shallmay
576	contract with the Florida Association of Court Clerks to
577	analyze, design, develop, operate, and maintain theastatewide,
578	on-line voter registration database and associated website until
579	such time as the statewide voter registration system required to
580	be developed pursuant to the Help America Vote Act of 2002 is
581	operational, to be fully operational statewide by June 1, 2002.
582	The database shall contain voter registration information from
583	each of the 67 supervisors of elections in this state and shall
584	be accessible through an Internet website. The system shall
585	provide functionality for ensuring that the database is updated
586	on a daily basis to determine if a registered voter is
587	ineligible to vote for any of the following reasons, including,
588	but not limited to:
589	(a) The voter is deceased;
590	(b) The voter has been convicted of a felony and has not
591	had his or her civil rights restored; or
592	(c) The voter has been adjudicated mentally incompetent
593	and his or her mental capacity with respect to voting has not
594	been restored.
595
596	The database shall also allow for duplicate voter registrations
597	to be identified.
598	(2) The Department of State shall not contract with any
599	private entity other than the Florida Association of Court
600	Clerks for the operation or maintenanceof the statewide voter
601	registration database.
602	(3)(a) In administering the database, each supervisor of
603	elections shall compare registration information provided by a
604	voter with information held by the Department of Law
605	Enforcement, the Board of Executive Clemency, the Office of
606	Vital Statistics, and other relevant sources.
607	(b) The supervisor of elections shall remove from the
608	voter registration rolls the name of any person who is listed in
609	the database as deceased.
610	(c) Information in the database indicating that a person
611	registered to vote in a given county has subsequently registered
612	to vote in another jurisdiction shall be considered as a written
613	request from that voter to have his or her name removed from the
614	voter registration rolls of that county, and the supervisor of
615	elections of that county shall remove that voter's name from the
616	county's voter registration rolls.
617	(d) When the supervisor of elections finds information
618	through the database that suggests that a voter has been
619	convicted of a felony and has not had his or her civil rights
620	restored or has been adjudicated mentally incompetent and his or
621	her mental capacity with respect to voting has not been
622	restored, the supervisor of elections shall notify the voter by
623	certified United States mail. The notification shall contain a
624	statement as to the reason for the voter's potential
625	ineligibility to be registered to vote and shall request
626	information from the voter on forms provided by the supervisor
627	of elections. As an alternative, the voter may attend a hearing
628	at a time and place specified in the notice. If there is
629	evidence that the notice was not received, notice must be given
630	once by publication in a newspaper of general circulation in the
631	county. The notice must plainly state that the voter is
632	potentially ineligible to be registered to vote and must state a
633	time and place for the person to appear before the supervisor of
634	elections to show cause why his or her name should not be
635	removed from the voter registration rolls. After reviewing the
636	information provided by the voter, if the supervisor of
637	elections determines that the voter is not eligible to vote
638	under the laws of this state, the supervisor of elections shall
639	notify the voter by certified United States mail that he or she
640	has been found ineligible to be registered to vote in this
641	state, shall state the reason for the ineligibility, and shall
642	inform the voter that he or she has been removed from the voter
643	registration rolls. The supervisor of elections shall remove
644	from the voter registration rolls the name of any voter who
645	fails either to respond within 30 days to the notice sent by
646	certified mail or to attend the hearing.
647	(e) Upon hearing all evidence in a hearing, the supervisor
648	of elections must determine whether there is sufficient evidence
649	to strike the person's name from the registration books. If the
650	supervisor determines that there is sufficient evidence, he or
651	she must strike the name.
652	(f) Appeal may be taken to the circuit court in and for
653	the county where the person was registered. Notice of appeal
654	must be filed within the time and in the manner provided by the
655	Florida Rules of Appellate Procedure and acts as supersedeas.
656	Trial in the circuit court is de novo and governed by the rules
657	of that court. Unless the person can show that his or her name
658	was erroneously or illegally stricken from the registration
659	books or that he or she is indigent, the person must bear the
660	costs of the trial in the circuit court. Otherwise, the cost of
661	the appeal must be paid by the board of county commissioners.
662	(4) To the maximum extent feasible, state and local
663	government entities shall facilitate provision of information
664	and access to data to the department in order to compare
665	information in the statewide voter registration database with
666	available information in other computer databases, including,
667	but not limited to, databases that contain reliable criminal
668	records and records of deceased persons. State and local
669	governmental agencies that provide such data shall do so without
670	charge if the direct cost incurred by those agencies is not
671	significant.
672	(5) The Division of Elections shall provide written
673	quarterly progress reports on each phase of development of the
674	voter registration database to the President of the Senate and
675	the Speaker of the House of Representatives beginning July 1,
676	2001, and continuing until the database is fully implemented.
677	(5)(6)The duties of the supervisors of elections under
678	this section shall be considered part of their regular
679	registration list maintenance duties under this chapter, and any
680	supervisor of elections who willfully refuses or willfully
681	neglects to perform his or her duties under this section shall
682	be in violation of s. 104.051(2).
683	Section 11. (1) Beginning July 1, 2003, from the funds
684	appropriated the Department of State shall begin the development
685	of a statewide voter registration system designed to meet the
686	requirements of sections 303 through 305 of the Help America Vote
687	Act of 2002. The Legislature recognizes that the January 1, 2004,
688	implementation date for the system provided in the federal bill
689	cannot be met because there is not sufficient time for
690	implementation of such a system. Accordingly, the department
691	shall certify these facts to the Election Assistance Commission
692	in order to qualify for waiver and extension of the due date
693	until January 1, 2006.
694	(2) The department shall begin system needs assessments and
695	design activities by July 1, 2003. The Department of Highway
696	Safety and Motor Vehicles, the Department of Health, the
697	Department of Law Enforcement, the Board of Executive Clemency,
698	the State Technology Office, and representatives of the Florida
699	State Association of Supervisors of Elections shall cooperate and
700	participate in the development of the system. Other state
701	agencies and local government entities that may have data or
702	systems needed for integration with the system shall also
703	cooperate and participate in the development of the system upon a
704	request from the department.
705	(3) No later than January 31, 2004, the department shall
706	present to the Governor, the President of the Senate, and the
707	Speaker of the House of Representatives a plan for completion of
708	the system, which shall include:
709	(a) Business process design for all participants in the
710	system operation.
711	(b) Design, location, and specifications for hardware,
712	system software components, and communications infrastructure of
713	the system.
714	(c) Design, specifications, and development plans for
715	application software for the system.
716	(d) Budget for completion of the system, including all
717	agencies and county offices.
718	(e) Recommended statutory changes needed to implement the
719	system.
720	(4) This phase of the development shall continue through
721	June 30, 2004, and shall include design and development of the
722	core system, which will be operated by the Department of State;
723	definition of the business processes which will be required of
724	the other agencies and counties; and functional requirements
725	specifications for integration with the data systems of the other
726	agencies and the counties.
727	(5) This section shall take effect upon this act becoming a
728	law.
729	Section 12. Section 98.212, Florida Statutes, is amended
730	to read:
731	98.212 Supervisors to furnish statistical and other
732	information.--
733	(1)(a) Upon written request, supervisors shall, as
734	promptly as possible, furnish to recognized public or private
735	universities and senior colleges within the state, to state or
736	county governmental agencies, and to recognized political party
737	committees statistical information for the purpose of analyzing
738	election returns and results.
739	(b) Supervisors may require reimbursement for any part or
740	all of the actual expenses of supplying any information
741	requested under paragraph (a). For the purposes of this
742	subsection, supervisors may use the services of any research and
743	statistical personnel that may be supplied.
744	(c) Lists of names submitted to supervisors for indication
745	of registration or nonregistration or of party affiliation shall
746	be processed at any time at cost, except that in no case shall
747	the charge exceed 10 cents for each name on which the
748	information is furnished.
749	(2) The supervisors shall provide information as requested
750	by the department for program evaluation and reporting to the
751	Federal Election Commission pursuant to the National Voter
752	Registration Act of 1993.
753	(3) The supervisors shall provide information as requested
754	by the department for the creation and maintenance of the
755	central voter file.
756	Section 13. Section 98.461, Florida Statutes, is amended
757	to read:
758	98.461 Registration form, precinct register; contents.--A
759	registration form, approved by the Department of State,
760	containing the information required in s. 97.052 shall be filed
761	alphabetically in the office of the supervisor as the master
762	list of electors of the county. However, the registration forms
763	may be microfilmed and such microfilms substituted for the
764	original registration forms; or, when voter registration
765	information, including the voter's signature, is maintained
766	digitally or on electronic, magnetic, or optic media, such
767	stored information may be substituted for the original
768	registration form. Such microfilms or stored information shall
769	be retained in the custody of the supervisor of elections. In
770	the event the original registration forms are microfilmed or
771	maintained digitally or on electronic or other media, such
772	originals may be destroyed in accordance with the schedule
773	approved by the Bureau of Archives and Records Management of the
774	Division of Library and Information Services of the Department
775	of State. As an alternative, the information from the
776	registration form, including the signature, may be
777	electronically reproduced and stored as provided in s. 98.451. A
778	computer printout shallmaybe used at the polls as a precinct
779	register in lieu of the registration books. The precinct
780	register shall contain the date of the election, the precinct
781	number, and the following information concerning each registered
782	elector: last name, first name, and middle name or initial;
783	party affiliation; residence address; registration number; date
784	of birth; sex, if provided; race, if provided; whether the voter
785	needs assistance in voting; and such other additional
786	information as to readily identify the elector. The precinct
787	register may also contain a list of the forms of identification,
788	which must include, but is not limited to, a Florida driver's
789	license, a Florida identification card issued under s. 322.051,
790	or another form of picture identification approved by the
791	Department of State. The precinct register shallmayalso
792	contain a space for the elector's signature and,a space for the
793	initials of the witnessing clerk or inspector, and a space for
794	the signature slip or ballot number.
795	Section 14. Section 98.471, Florida Statutes, is
796	renumbered as section 101.043, Florida Statutes, and amended to
797	read:
798	101.04398.471Identification requiredUse of precinct
799	registerat polls.--
800	(1) The precinct register, as prescribed in s. 98.461,
801	shallmaybe used at the polls in lieu of the registration books
802	for the purpose of identifying the elector at the polls prior to
803	allowing him or her to vote. The clerk or inspector shall
804	require each elector, upon entering the polling place, to
805	present a current and validFlorida driver's license, a Florida
806	identification card issued under s. 322.051, or another form of
807	picture identification as provided in s. 97.0535(3). If the
808	picture identification does not contain the signature of the
809	voter, an additional identification that provides the voter's
810	signature shall be requiredapproved by the Department of State.
811	The elector shall sign his or her name in the space provided,
812	and the clerk or inspector shall compare the signature with that
813	on the identification provided by the elector and enter his or
814	her initials in the space provided and allow the elector to vote
815	if the clerk or inspector is satisfied as to the identity of the
816	elector.
817	(2) Except as provided in subsection (3),if the elector
818	fails to furnish the required identification, or if the clerk or
819	inspector is in doubt as to the identity of the elector, such
820	clerk or inspector shall follow the procedure prescribed in s.
821	101.49.
822	(3) If the elector who fails to furnish the required
823	identification is a first-time voter who registered by mail and
824	has not provided the required identification to the supervisor
825	of elections prior to election day, the elector shall be allowed
826	to vote a provisional ballot. The canvassing board shall
827	determine the validity of the ballot pursuant to s. 101.048(2).
828	Section 15. Section 98.491, Florida Statutes, is repealed.
829	Section 16. Section 101.048, Florida Statutes, is amended
830	to read:
831	101.048 Provisional ballots.--
832	(1) At all elections, a voter claiming to be properly
833	registered in the county and eligible to vote at the precinct in
834	the election, but whose eligibility cannot be determined, and
835	other persons specified in the codeshall be entitled to vote a
836	provisional ballot. Once voted, the provisional ballot shall be
837	placed in a secrecy envelope and thereafter sealed in a
838	provisional ballot envelope. The provisional ballot shall be
839	deposited in a ballot box. All provisional ballots shall remain
840	sealed in their envelopes for return to the supervisor of
841	elections. The department shall prescribe the form of the
842	provisional ballot envelope.
843	(2)(a) The county canvassing board shall examine each
844	provisional ballot envelope to determine if the person voting
845	that ballot was entitled to vote at the precinct where the
846	person cast a vote in the election and that the person had not
847	already cast a ballot in the election.
848	(b)1. If it is determined that the person was registered
849	and entitled to vote at the precinct where the person cast a
850	vote in the election, the canvassing board shall compare the
851	signature on the provisional ballot envelope with the signature
852	on the voter's registration and, if it matches, shall count the
853	ballot.
854	2. If it is determined that the person voting the
855	provisional ballot was not registered or entitled to vote at the
856	precinct where the person cast a vote in the election, the
857	provisional ballot shall not be counted and the ballot shall
858	remain in the envelope containing the Provisional Ballot Voter's
859	Certificate and Affirmation and the envelope shall be marked
860	"Rejected as Illegal."
861	(3) The Provisional Ballot Voter's Certificate and
862	Affirmation shall be in substantially the following form:
863
864	STATE OF FLORIDA
865	COUNTY OF _____
866
867	I do solemnly swear (or affirm) that my name is _____; that
868	my date of birth is _____; that I am registered to vote and at
869	the time I registered I resided at _____, in the municipality of
870	_____, in _____ County, Florida; that I am registered in the
871	_____ Party; that I am a qualified voter of the county; and that
872	I have not voted in this election. I understand that if I commit
873	any fraud in connection with voting, vote a fraudulent ballot,
874	or vote more than once in an election, I can be convicted of a
875	felony of the third degree and fined up to $5,000 and/or
876	imprisoned for up to 5 years.
877	... (Signature of Voter) ...
878	... (Current Residence Address) ...
879	... (Current Mailing Address) ...
880	... (City, State, Zip Code) ...
881	... (Driver's License Number or Last Four Digits of Social
882	Security Number) ...
883
884	Sworn to and subscribed before me this _____ day of __________,
885	... (year) ....
886	... (Election Official) ...
887
888	Precinct # _____Ballot Style/Party Issued: _____
889
890	Additional information may be provided to further assist the
891	supervisor of elections in determining eligibility.
892
893	(4) In counties where the voting system does not utilize a
894	paper ballot, the supervisor of elections mayshallprovide the
895	appropriate provisional ballot to the voter by electronic means
896	as provided for by the certified voting system. Each person
897	casting a provisional ballot by electronic means shall, prior to
898	casting his or her ballot, complete the Provisional Ballot
899	Voter’s Certificate and Affirmation as provided in subsection (3)
900	ballots to each polling place.
901	(5) Each person casting a provisional ballot shall be given
902	written instructions regarding the free access system established
903	pursuant to subsection (6). The instructions shall contain
904	information on how to access the system and the information the
905	voter will need to provide to obtain information on his or her
906	particular ballot. The instructions shall also include the
907	following statement: "If this is a primary election, you should
908	contact the supervisor of elections' office immediately to
909	confirm that you are registered and can vote in the general
910	election."
911	(6) Each supervisor of elections shall establish a free
912	access system that allows each person who casts a provisional
913	ballot to determine whether his or her provisional ballot was
914	counted in the final canvass of votes and, if not, the reasons
915	why. Information regarding provisional ballots shall be available
916	no later than 30 days following the election. The system
917	established must restrict information regarding an individual
918	ballot to the person who cast the ballot.
919	Section 17. Section 101.049, Florida Statutes, is created
920	to read:
921	101.049 Provisional ballots; special circumstances.--
922	(1) Any person who votes in an election after the regular
923	poll-closing time pursuant to a court or other order extending
924	the statutory polling hours must vote a provisional ballot. Once
925	voted, the provisional ballot shall be placed in a secrecy
926	envelope and thereafter sealed in a provisional ballot envelope.
927	The election official witnessing the voter's subscription and
928	affirmation on the Provisional Ballot Voter's Certificate shall
929	indicate whether or not the voter met all requirements to vote a
930	regular ballot at the polls. All such provisional ballots shall
931	remain sealed in their envelopes and transmitted to the
932	supervisor of elections.
933	(2) Separate and apart from all other ballots, the county
934	canvassing board shall count all late-voted provisional ballots
935	that the canvassing board determines to be valid.
936	(3) The supervisor shall ensure that late-voted provisional
937	ballots are not commingled with other ballots during the
938	canvassing process or at any other time they are statutorily
939	required to be in the supervisor's possession.
940	(4) This section shall not apply to voters in line at the
941	poll-closing time provided in s. 100.011 who cast their ballot
942	subsequent to that time.
943	(5) As an alternative, provisional ballots cast pursuant to
944	this section may be cast in accordance with the provisions of s.
945	101.048(4).
946	Section 18. Section 101.111, Florida Statutes, is amended
947	to read:
948	101.111 Person desiring to vote may be challenged;
949	challenger to execute oath; oath of person challenged elector;
950	determination of challenge.--
951	(1) When the right to vote of any person who desires to
952	vote is challengedquestioned by any elector or pollwatcher,
953	the challenge shall be reduced to writing with an oath as
954	provided in this section, giving reasons for the challenge,
955	which shall be delivered to the clerk or inspector. Any elector
956	or authorized poll watcher challenging the right of a person to
957	votean elector at an electionshall execute the oath set forth
958	below:
959
960	OATH OF PERSON ENTERING CHALLENGE
961
962	State of Florida
963	County of _____
964
965	I do solemnly swear that my name is _____; that I am a member of
966	the _____ party; that I am _____ years old; that I was born in
967	the state of_____ or the country of _____; that my residence
968	address is on _____ street, in the municipality of _____; and
969	that I have reason to believe that _____ is attempting to vote
970	illegally and the reasons for my belief are set forth herein to
971	wit:
972	... (Signature of person challenging voter) ...
973
974	Sworn and subscribed to before me this _____ day of _____, ...
975	(year) ....
976	... (Clerk of election) ...
977
978	(2) Before a person who is challenged electoris permitted
979	to vote by any officer or person in charge of admission to the
980	polling place, the challenged person'selector'sright to vote
981	shall be determined in accordance with the provisions of
982	subsection (3). The clerk or inspector shall immediately deliver
983	to the challenged personelectora copy of the oath of the
984	person entering the challenge and shall request the challenged
985	personelector to execute the following oathaffidavit:
986
987	OATH OF PERSON CHALLENGED VOTER
988
989	State of Florida
990	County of _____
991
992	I do solemnly swear that my name is _____; that I am a member of
993	the _____ party; that my date of birth isI am _____ years old;
994	that I was born in the state of _____ or the country of_____;
995	that my residence address is on _____ street, in the
996	municipality of _____, in this the _____ precinct of _____
997	county; that I personally made application for registration and
998	signed my name and that I am a qualified voter in this election,
999	and I am not registered to vote in any other precinct other than
1000	the one in which I am presently seeking to vote.
1001	... (Signature of personvoter) ...
1002
1003	Sworn and subscribed to before me this _____ day of _____, ...
1004	(year) ....
1005	... (Clerk of election or Inspector) ...
1006
1007	Any inspector or clerk of election may administer the oath.
1008	(3)(a) The clerk and inspectors shall compare the
1009	information in the challenged person's oath with that entered on
1010	the precinct register and shall take any other evidence that may
1011	be offered. The clerk and inspectors shall then decide by a
1012	majority vote whether the challenged person may vote a regular
1013	ballot.
1014	(b) If the challenged person refuses to complete the oath
1015	or if a majority of the clerk and inspectors doubt the
1016	eligibility of the person to vote, the challenged person shall be
1017	allowed to vote a provisional ballot. The oath of the person
1018	entering the challenge and the oath of the person challenged
1019	shall be attached to the provisional ballot for transmittal to
1020	the canvassing board.If the challenged person refuses to make
1021	and sign the affidavit, the clerk or inspector shall refuse to
1022	allow him or her to vote. If such person makes the affidavit,
1023	the inspectors and clerk of election shall compare the
1024	information in the affidavit with that entered on the
1025	registration books opposite the person's name, and, upon such
1026	comparison of the information and the person's signature and the
1027	taking of other evidence which may then be offered, the clerk
1028	and inspectors shall decide by a majority vote whether the
1029	challenged person may vote. If the challenged person is unable
1030	to write or sign his or her name, the clerk or inspector shall
1031	examine the precinct register to ascertain whether the person
1032	registered under the name of such person is represented to have
1033	signed his or her name. If the person is so represented, then he
1034	or she shall be denied permission to vote without further
1035	examination; but, if not, then the clerk or one of the
1036	inspectors shall place such person under oath and orally examine
1037	him or her upon the subject matter contained in the affidavit,
1038	and, if there is any doubt as to the identity of such person,
1039	the clerk or inspector shall compare the person's appearance
1040	with the description entered upon the precinct register opposite
1041	the person's name. The clerk or inspector shall then proceed as
1042	in other cases to determine whether the challenged person may
1043	vote.
1044	Section 19. (1) Section 101.56062, Florida Statutes, is
1045	amended to read:
1046	101.56062 Standards for accessible voting systems.--
1047	(1) Notwithstanding anything in this chapter to the
1048	contrary, each voting system certified by the Department of
1049	State for use in local, state, and federal elections must
1050	include the capability to install accessible voter interface
1051	devices in the system configuration which will allow the system
1052	to meet the following minimum standards:
1053	(a) The voting system must provide a tactile input or
1054	audio input device, or both.
1055	(b) The voting system must provide a method by which
1056	voters can confirm any tactile or audio input by having the
1057	capability of audio output using synthetic or recorded human
1058	speech that is reasonably phonetically accurate.
1059	(c) Any operable controls on the input device which are
1060	needed for voters who are visually impaired must be discernible
1061	tactilely without actuating the keys.
1062	(d) Audio and visual access approaches must be able to
1063	work both separately and simultaneously.
1064	(d)(e)If a nonaudio access approach is provided, the
1065	system may not require color perception. The system must use
1066	black text or graphics, or both, on white background or white
1067	text or graphics, or both, on black background, unless the
1068	office of the Secretary of State approves other high-contrast
1069	color combinations that do not require color perception.
1070	(e)(f)Any voting system that requires any visual
1071	perception must offer the election official who programs the
1072	system, prior to its being sent to the polling place, the
1073	capability to set the font size, as it appears to the voter,
1074	from a minimum of 14 points to a maximum of 24 points.
1075	(f)(g)The voting system must provide audio information,
1076	including any audio output using synthetic or recorded human
1077	speech or any auditory feedback tones that are important for the
1078	use of the audio approach, through at least one mode, by handset
1079	or headset, in enhanced auditory fashion (increased
1080	amplification), and must provide incremental volume control with
1081	output amplification up to a level of at least 97 dB SPL.
1082	(g)(h)For transmitted voice signals to the voter, the
1083	voting system must provide a gain adjustable up to a minimum of
1084	20 dB with at least one intermediate step of 12 dB of gain.
1085	(h)(i)For the safety of others, if the voting system has
1086	the possibility of exceeding 120 dB SPL, then a mechanism must
1087	be included to reset the volume automatically to the voting
1088	system's default volume level after every use, for example when
1089	the handset is replaced, but not before. Also, universal
1090	precautions in the use and sharing of headsets should be
1091	followed.
1092	(i)(j)If sound cues and audible information such as
1093	"beeps" are used, there must be simultaneous corresponding
1094	visual cues and information.
1095	(j)(k)Controls and operable mechanisms must be operable
1096	with one hand, including operability with a closed fist, and
1097	operable without tight grasping, pinching, or twisting of the
1098	wrist.
1099	(k)(l)The force required to operate or activate the
1100	controls must be no greater than 5 pounds of force.
1101	(l)(m)Voting booths must have voting controls at a
1102	minimum height of 36 inches above the finished floor with a
1103	minimum knee clearance of 27 inches high, 30 inches wide, and 19
1104	inches deep, or the accessible voter interface devices must be
1105	designed so as to allow their use on top of a table to meet
1106	these requirements. Tabletop installations must include adequate
1107	privacy.
1108	(m)(n)Any audio ballot must provide the voter with the
1109	following functionalities:
1110	1. After the initial instructions that the system requires
1111	election officials to provide to each voter, the voter should be
1112	able to independently operate the voter interface through the
1113	final step of casting a ballot without assistance.
1114	2. The voter must be able to determine the races that he
1115	or she is allowed to vote in and to determine which candidates
1116	are available in each race.
1117	3. The voter must be able to determine how many candidates
1118	may be selected in each race.
1119	4. The voter must be able to have confidence that the
1120	physical or vocal inputs given to the system have selected the
1121	candidates that he or she intended to select.
1122	5. The voter must be able to review the candidate
1123	selections that he or she has made.
1124	6. Prior to the act of casting the ballot, the voter must
1125	be able to change any selections previously made and confirm a
1126	new selection.
1127	7. The system must communicate to the voter the fact that
1128	the voter has failed to vote in a race or has failed to vote the
1129	number of allowable candidates in any race and require the voter
1130	to confirm his or her intent to undervote before casting the
1131	ballot.
1132	8. The system must prevent the voter from overvoting any
1133	race.
1134	9. The voter must be able to input a candidate's name in
1135	each race that allows a write-in candidate.
1136	10. The voter must be able to review his or her write-in
1137	input to the interface, edit that input, and confirm that the
1138	edits meet the voter's intent.
1139	11. There must be a clear, identifiable action that the
1140	voter takes to "cast" the ballot. The system must make clear to
1141	the voter how to take this action so that the voter has minimal
1142	risk of taking the action accidentally but, when the voter
1143	intends to cast the ballot, the action can be easily performed.
1144	12. Once the ballot is cast, the system must confirm to
1145	the voter that the action has occurred and that the voter's
1146	process of voting is complete.
1147	13. Once the ballot is cast, the system must preclude the
1148	voter from modifying the ballot cast or voting or casting
1149	another ballot.
1150	(2) Such voting system must include at least one
1151	accessible voter interface device installed in each precinct
1152	which meets the requirements of this section, except for
1153	paragraph (1)(d).
1154	(3) The Department of State may adopt rules in accordance
1155	with s. 120.54 which are necessary to administer this section.
1156	(2) The amendment of section 101.56062, Florida Statutes,
1157	by this section shall take effect on the date the section, as
1158	created by section 12 of chapter 2002-281, Laws of Florida,
1159	takes effect pursuant to section 22 of chapter 2002-281, Laws of
1160	Florida, as amended by this act.
1161	Section 20. Paragraph (a) of subsection (1) of section
1162	101.62, Florida Statutes, is amended to read:
1163	101.62 Request for absentee ballots.--
1164	(1)(a) The supervisor may accept a request for an absentee
1165	ballot from an elector in person or in writing. Except as
1166	provided in s. 101.694,one request shall be deemed sufficient
1167	to receive an absentee ballot for all elections which are held
1168	within a calendar year, unless the elector or the elector's
1169	designee indicates at the time the request is made the elections
1170	for which the elector desires to receive an absentee ballot.
1171	Such request may be considered canceled when any first-class
1172	mail sent by the supervisor to the elector is returned as
1173	undeliverable.
1174	Section 21. Subsection (1) of section 101.64, Florida
1175	Statutes, is amended to read:
1176	101.64 Delivery of absentee ballots; envelopes; form.--
1177	(1) The supervisor shall enclose with each absentee ballot
1178	two envelopes: a secrecy envelope, into which the absent elector
1179	shall enclose his or her marked ballot; and a mailing envelope,
1180	into which the absent elector shall then place the secrecy
1181	envelope, which shall be addressed to the supervisor and also
1182	bear on the back side a certificate in substantially the
1183	following form:
1184
1185	Note: Please Read Instructions Carefully Before
1186	Marking Ballot and Completing Voter's Certificate.
1187
1188	VOTER'S CERTIFICATE
1189	I, _____, do solemnly swear or affirm that I am a qualified
1190	and registered voter of _____ County, Florida, and that I have
1191	not and will not vote more than one ballot in this election. I
1192	understand that if I commit or attempt to commit any fraud in
1193	connection with voting, vote a fraudulent ballot, or vote more
1194	than once in an election, I can be convicted of a felony of the
1195	third degree and fined up to $5,000 and/or imprisoned for up to
1196	5 years. I also understand that failure to sign this certificate
1197	and have my signature properly witnessed will invalidate my
1198	ballot.
1199
1200	... (Date) ...... (Voter's Signature) ...
1201
1202	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1203	of Age or Older as provided in item 8 ofthe Instruction Sheet.
1204
1205	I swear or affirm that the voter signed this Voter's Certificate
1206	in my presence.
1207
1208	... (Signature of Witness) ...
1209
1210	... (Address) ...
1211
1212	... (City/State) ...
1213
1214	Section 22. Section 101.65, Florida Statutes, is amended
1215	to read:
1216	101.65 Instructions to absent electors.--The supervisor
1217	shall enclose with each absentee ballot separate printed
1218	instructions in substantially the following form:
1219
1220	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING BALLOT.
1221	1. VERY IMPORTANT. In order to ensure that your absentee
1222	ballot will be counted, it should be completed and returned as
1223	soon as possible so that it can reach the supervisor of
1224	elections of the county in which your precinct is located no
1225	later than 7 p.m. on the day of the election.
1226	2. Mark your ballot in secret as instructed on the ballot.
1227	You must mark your own ballot unless you are unable to do so
1228	because of blindness, disability, or inability to read or write.
1229	3. Mark only the number of candidates or issue choices for
1230	a race as indicated on the ballot. If you are allowed to "Vote
1231	for One" candidate and you vote for more than one candidate,
1232	your vote in that race will not be counted.
1233	4.3.Place your marked ballot in the enclosed secrecy
1234	envelope.
1235	5.4.Insert the secrecy envelope into the enclosed mailing
1236	envelope which is addressed to the supervisor.
1237	6.5.Seal the mailing envelope and completely fill out the
1238	Voter's Certificate on the back of the mailing envelope.
1239	7.6.VERY IMPORTANT. In order for your absentee ballot to
1240	be counted, you must sign your name on the line above (Voter's
1241	Signature).
1242	8.7.VERY IMPORTANT. If you are an overseas voter, you
1243	must include the date you signed the Voter's Certificate on the
1244	line above (Date) or your ballot may not be counted.
1245	9.8.VERY IMPORTANT. In order for your absentee ballot to
1246	be counted, it must include the signature and address of a
1247	witness 18 years of age or older affixed to the Voter's
1248	Certificate. No candidate may serve as an attesting witness.
1249	10.9.Mail, deliver, or have delivered the completed
1250	mailing envelope. Be sure there is sufficient postage if mailed.
1251	11.10.FELONY NOTICE. It is a felony under Florida law to
1252	accept any gift, payment, or gratuity in exchange for your vote
1253	for a candidate. It is also a felony under Florida law to vote
1254	in an election using a false identity or false address, or under
1255	any other circumstances making your ballot false or fraudulent.
1256	Section 23. Section 101.657, Florida Statutes, is amended
1257	to read:
1258	101.657 Voting absentee ballots in person.--
1259	(1) Any qualified and registered elector may pick up and
1260	vote an absentee ballot in person at the office of, and under
1261	the supervision of, the supervisor of elections. Before
1262	receiving the ballot, the elector must present a current and
1263	validFlorida driver's license, a Florida identification card
1264	issued under s. 322.051, or another form ofpicture
1265	identification as provided in s. 97.0535(3)approved by the
1266	Department of State. If the elector fails to furnish the
1267	required identification, or if the supervisor is in doubt as to
1268	the identity of the elector, the supervisor must follow the
1269	procedure prescribed in s. 101.49. If the elector who fails to
1270	furnish the required identification is a first-time voter who
1271	registered by mail and has not provided the required
1272	identification to the supervisor of elections prior to voting,
1273	the elector shall be allowed to vote a provisional ballot. The
1274	canvassing board shall compare the signature on the provisional
1275	ballot envelope with the signature on the voter's registration
1276	and, if the signatures match, shall count the ballot.
1277	(2) As an alternative to the provisions of ss. 101.64 and
1278	101.65, the supervisor of elections may allow an elector to cast
1279	an absentee ballot in the main or branch office of the
1280	supervisor by depositing the voted ballot in a voting device
1281	used by the supervisor to collect or tabulate ballots. The
1282	results or tabulation may not be made before the close of the
1283	polls on election day.
1284	(a) The elector must provide picture identification as
1285	required in subsection (1)and must complete an In-Office Voter
1286	Certificate in substantially the following form:
1287
1288	IN-OFFICE VOTER CERTIFICATE
1289
1290	I, _____, am a qualified elector in this election and registered
1291	voter of _____ County, Florida. I do solemnly swear or affirm
1292	that I am the person so listed on the voter registration rolls
1293	of _____ County and that I reside at the listed address. I
1294	understand that if I commit or attempt to commit fraud in
1295	connection with voting, vote a fraudulent ballot, or vote more
1296	than once in an election I could be convicted of a felony of the
1297	third degree and both fined up to $5,000 and imprisoned for up
1298	to 5 years. I understand that my failure to sign this
1299	certificate and have my signature witnessed invalidates my
1300	ballot.
1301
1302
1303	... (Voter's Signature) ...
1304
1305	... (Address) ...
1306
1307	... (City/State) ...
1308
1309	... (Name of Witness) ...
1310
1311	... (Signature of Witness) ...
1312
1313	... (Type of identification provided) ...
1314
1315	(b) Any elector may challenge an elector seeking to cast
1316	an absentee ballot under the provisions of s. 101.111. Any
1317	challenged ballot must be placed in a regular absentee ballot
1318	envelope. The canvassing board shall review the ballot and
1319	decide the validity of the ballot by majority vote.
1320	(c) The canvass of returns for ballots cast under this
1321	subsection shall be substantially the same as votes cast by
1322	electors in precincts, as provided in s. 101.5614.
1323	Section 24. Section 101.6921, Florida Statutes, is created
1324	to read:
1325	101.6921 Delivery of special absentee ballot to certain
1326	first-time voters.--
1327	(1) The provisions of this section apply to voters who
1328	registered to vote by mail, who have not previously voted in the
1329	county, and who have not provided the identification or
1330	certification required by s. 97.0535 by the time the absentee
1331	ballot is mailed.
1332	(2) The supervisor shall enclose with each absentee ballot
1333	three envelopes: a secrecy envelope, into which the absent
1334	elector will enclose his or her marked ballot; an envelope
1335	containing the Voter's Certificate, into which the absent elector
1336	shall place the secrecy envelope; and a mailing envelope, which
1337	shall be addressed to the supervisor and into which the absent
1338	elector will place the envelope containing the Voter's
1339	Certificate and a copy of the required identification.
1340	(3) The Voter’s Certificate shall be in substantially the
1341	following form:
1342
1343	Note: Please Read Instructions Carefully Before Marking Ballot
1344	and Completing Voter's Certificate
1345
1346	VOTER’S CERTIFICATE
1347
1348	I , _____, do solemnly swear or affirm that I am a qualified
1349	and registered voter of _____ County, Florida, and that I have
1350	not and will note vote more than one ballot in this election. I
1351	understand that if I commit or attempt to commit any fraud in
1352	connection with voting, vote a fraudulent ballot, or vote more
1353	than once in an election, I can be convicted of a felony of the
1354	third degree and fined up to $5,000 and/or imprisoned for up to 5
1355	years. I also understand that failure to sign this certificate
1356	and have my signature properly witnessed will invalidate my
1357	ballot. I understand that unless I meet one of the exemptions
1358	below, I must provide a copy of a current and valid
1359	identification as provided in the instruction sheet to the
1360	supervisor of elections in order for my ballot to count.
1361	I further certify that I am exempt from the requirements to
1362	furnish a copy of a current and valid identification with my
1363	ballot because of one or more of the following (check all that
1364	apply):
1365	FORMCHECKBOX I am 65 years of age or older.
1366	FORMCHECKBOX I have a permanent or temporary physical disability.
1367	FORMCHECKBOX I am a member of a uniformed service on active duty who,
1368	by reason of such active duty, will be absent from the county on
1369	election day.
1370	FORMCHECKBOX I am a member of the merchant marine who, by reason of
1371	service in the merchant marine, will be absent from the county on
1372	election day.
1373	FORMCHECKBOX I am the spouse or dependent of a member of the uniformed
1374	service or merchant marine who, by reason of the active duty or
1375	service of the member, will be absent from the county on election
1376	day.
1377	FORMCHECKBOX I am currently residing outside the United States.
1378
1379	... (Date) ...... Voter's Signature ...
1380
1381	Note: Your signature must be witnessed by one witness 18 years of
1382	age or older as provided in the instruction sheet.
1383
1384	I swear or affirm that the voter signed this Voter's Certificate
1385	in my presence.
1386
1387	... (Signature of witness) ...
1388
1389	... (Address) ...
1390
1391	... (City/State) ...
1392
1393	(4) The certificate shall be arranged on the back of the
1394	mailing envelope so that the lines for the signatures of the
1395	absent elector and the attesting witness are across the seal of
1396	the envelope.
1397	Section 25. Section 101.6923, Florida Statutes, is created
1398	to read:
1399	101.6923 Special absentee ballot instructions for certain
1400	first-time voters.--
1401	(1) The provisions of this section apply to voters who
1402	registered to vote by mail, who have not previously voted in the
1403	county, and who have not provided the identification or
1404	information required by s. 97.0535 by the time the absentee
1405	ballot is mailed.
1406	(2) A voter covered by this section shall be provided with
1407	the following printed instructions with his or her absentee
1408	ballot:
1409
1410	READ THESE INSTRUCTIONS CAREFULLY BEFORE MARKING YOUR
1411	BALLOT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE
1412	YOUR BALLOT NOT TO COUNT.
1413
1414	1. In order to ensure that your absentee ballot will be
1415	counted, it should be completed and returned as soon as possible
1416	so that it can reach the supervisor of elections of the county in
1417	which your precinct is located no later than 7 p.m. on the date
1418	of the election.
1419	2. Mark your ballot in secret as instructed on the ballot.
1420	You must mark your own ballot unless you are unable to do so
1421	because of blindness, disability, or inability to read or write.
1422	3. Mark only the number of candidates or issue choices for
1423	a race as indicated on the ballot. If you are allowed to "Vote
1424	for One" candidate and you vote for more than one, your vote in
1425	that race will not be counted.
1426	4. Place your marked ballot in the enclosed secrecy
1427	envelope and seal the envelope.
1428	5. Insert the secrecy envelope into the enclosed envelope
1429	bearing the Voter's Certificate. Seal the envelope and completely
1430	fill out the Voter's Certificate on the back of the envelope.
1431	a. You must sign your name on the line above (Voter's
1432	Signature).
1433	b. You must have your signature witnessed. Have the witness
1434	sign above (Signature of Witness) and include his or her address.
1435	No candidate may serve as an attesting witness.
1436	c. If you are an overseas voter, you must include the date
1437	you signed the Voter's Certificate on the line above (Date) or
1438	your ballot may not be counted.
1439	6. Unless you meet one of the exemptions in Item 7., you
1440	must make a copy of one of the following forms of identification:
1441	a. Identification which must include your name and
1442	photograph: current and valid Florida driver's license; Florida
1443	identification card issued by the Department of Highway Safety
1444	and Motor Vehicles; United States passport; employee badge or
1445	identification; buyer's club identification card; debit or credit
1446	card; military identification; student identification; retirement
1447	center identification; neighborhood association identification;
1448	entertainment identification; or public assistance
1449	identification; or
1450	b. Identification which shows your name and current
1451	residence address: current utility bill, bank statement,
1452	government check, paycheck, or government document (excluding
1453	voter identification card).
1454	7. The identification requirements of Item 6. do not apply
1455	if you meet one of the following requirements:
1456	a. You are 65 years of age or older.
1457	b. You have a temporary or permanent physical disability.
1458	c. You are a member of a uniformed service on active duty
1459	who, by reason of such active duty, will be absent from the
1460	county on election day.
1461	d. You are a member of the merchant marine who, by reason
1462	of service in the merchant marine, will be absent from the county
1463	on election day.
1464	e. You are the spouse or dependent of a member referred to
1465	in paragraph c. or paragraph d. who, by reason of the active duty
1466	or service of the member, will be absent from the county on
1467	election day.
1468	f. You are currently residing outside the United States.
1469	8. Place the envelope bearing the Voter's Certificate into
1470	the mailing envelope addressed to the supervisor. Insert a copy
1471	of your identification in the mailing envelope. DO NOT PUT YOUR
1472	IDENTIFICATION INSIDE THE SECRECY ENVELOPE WITH THE BALLOT OR
1473	INSIDE THE ENVELOPE WHICH BEARS THE VOTER'S CERTIFICATE OR YOUR
1474	BALLOT WILL NOT COUNT.
1475	9. Mail, deliver, or have delivered the completed mailing
1476	envelope. Be sure there is sufficient postage if mailed.
1477	10. FELONY NOTICE. It is a felony under Florida law to
1478	accept any gift, payment, or gratuity in exchange for your vote
1479	for a candidate. It is also a felony under Florida law to vote in
1480	an election using a false identity or false address, or under any
1481	other circumstances making your ballot false or fraudulent.
1482	Section 26. Section 101.6925, Florida Statutes, is created
1483	to read:
1484	101.6925 Canvassing special absentee ballots.--
1485	(1) The supervisor of the county where the absent elector
1486	resides shall receive the voted special absentee ballot, at which
1487	time the mailing envelope shall be opened to determine if the
1488	voter has enclosed the identification required or has indicated
1489	on the Voter's Certificate that he or she is exempt from the
1490	identification requirements.
1491	(2) If the identification is enclosed or the voter has
1492	indicated that he or she is exempt from the identification
1493	requirements, the supervisor shall make the note on the
1494	registration records of the voter and proceed to canvass the
1495	absentee ballot as provided in s. 101.68.
1496	(3) If the identification is not enclosed in the mailing
1497	envelope and the voter has not indicated that he or she is exempt
1498	from the identification requirements, the supervisor shall check
1499	the voter registration records to determine if the voter's
1500	identification was previously received or the voter had
1501	previously notified the supervisor that he or she was exempt. The
1502	envelope with the Voter's Certificate shall not be opened unless
1503	the identification has been received or the voter has indicated
1504	that he or she is exempt. The ballot shall be treated as a
1505	provisional ballot until 7 p.m. on election day and shall not be
1506	canvassed unless the supervisor has received the required
1507	identification or written indication of exemption by 7 p.m. on
1508	election day.
1509	Section 27. Subsection (1) of section 101.694, Florida
1510	Statutes, is amended to read:
1511	101.694 Mailing of ballots upon receipt of federal
1512	postcard application.--
1513	(1) Upon receipt of a federal postcard application for an
1514	absentee ballot executed by a person whose registration is in
1515	order or whose application is sufficient to register or update
1516	the registration of that person, the supervisor shall mail to
1517	the applicant a ballot, if the ballots are available for
1518	mailing. The federal postcard application request for an
1519	absentee ballot shall be effective for all elections through the
1520	next two regularly scheduled general elections.
1521	Section 28. Subsection (2) of section 102.141, Florida
1522	Statutes, is amended to read:
1523	102.141 County canvassing board; duties.--
1524	(2) The county canvassing board shall meet in a building
1525	accessible to the public in the county where the election
1526	occurred at a time and place to be designated by the supervisor
1527	of elections to publicly canvass the absentee electors' ballots
1528	as provided for in s. 101.68 and provisional ballots as provided
1529	by ss.s. 101.048, 101.049, and 101.6925. Provisional ballots
1530	cast pursuant to s. 101.049 shall be canvassed in a manner that
1531	votes for candidates and issues on those ballots can be
1532	segregated from other votes. Public notice of the time and place
1533	at which the county canvassing board shall meet to canvass the
1534	absentee electors' ballots and provisional ballots shall be
1535	given at least 48 hours prior thereto by publication once in one
1536	or more newspapers of general circulation in the county or, if
1537	there is no newspaper of general circulation in the county, by
1538	posting such notice in at least four conspicuous places in the
1539	county. As soon as the absentee electors' ballots and the
1540	provisional ballots are canvassed, the board shall proceed to
1541	publicly canvass the vote given each candidate, nominee,
1542	constitutional amendment, or other measure submitted to the
1543	electorate of the county, as shown by the returns then on file
1544	in the office of the supervisor of elections and the office of
1545	the county court judge.
1546	Section 29. Paragraph (y) of subsection (1) of section
1547	125.01, Florida Statutes, is amended to read:
1548	125.01 Powers and duties.--
1549	(1) The legislative and governing body of a county shall
1550	have the power to carry on county government. To the extent not
1551	inconsistent with general or special law, this power includes,
1552	but is not restricted to, the power to:
1553	(y) Place questions or propositions on the ballot at any
1554	primary election, general election, or otherwise called special
1555	election, when agreed to by a majority vote of the total
1556	membership of the legislative and governing body, so as to
1557	obtain an expression of elector sentiment with respect to
1558	matters of substantial concern within the county. No special
1559	election may be called for the purpose of conducting a straw
1560	ballot. Any election costs, as defined in s. 97.021(9),
1561	associated with any ballot question or election called
1562	specifically at the request of a district or for the creation of
1563	a district shall be paid by the district either in whole or in
1564	part as the case may warrant.
1565	Section 30. Section 20 of chapter 2002-281, Laws of
1566	Florida, is repealed.
1567	Section 31. Paragraph (a) of subsection (5) of section
1568	163.511, Florida Statutes, is amended to read:
1569	163.511 Special neighborhood improvement districts;
1570	creation; referendum; board of directors; duration; extension.--
1571	(5)(a) The city clerk or the supervisor of elections,
1572	whichever is appropriate, shall enclose with each ballot sent
1573	pursuant to this section two envelopes: a secrecy envelope, into
1574	which the elector or freeholder shall enclose the marked ballot;
1575	and a mailing envelope, into which the elector or freeholder
1576	shall then place the secrecy envelope, which shall be addressed
1577	to the city clerk or the supervisor of elections. The back side
1578	of the mailing envelope shall bear a certificate in
1579	substantially the following form:
1580
1581	Note: Please Read Instructions Carefully Before
1582	Marking Ballot and Completing Voter's Certificate.
1583
1584	VOTER'S CERTIFICATE
1585
1586	I, _____, am a duly qualified and registered ... (voter or
1587	freeholder, whichever is appropriate) ... of the proposed ...
1588	(name) ... ... (Special Residential or Business, whichever is
1589	appropriate) ... Neighborhood Improvement District; and I am
1590	entitled to vote this ballot. I do solemnly swear or affirm that
1591	I have not and will not vote more than one ballot in this
1592	election. I understand that failure to sign this certificate and
1593	have my signature witnessed will invalidate my ballot.
1594	... (Voter's Signature) ...
1595	Note: Your Signature Must Be Witnessed By One Witness 18 Years
1596	of Age or Older as provided in Item 7. ofthe Instruction Sheet.
1597	I swear or affirm that the elector signed this Voter's
1598	Certificate in my presence.
1599
1600	... (Signature of Witness) ...
1601	... (Address) ...... (City/State) ...
1602
1603	Section 32. Section 22 of chapter 2002-281, Laws of
1604	Florida, is amended to read:
1605	Section 22. Except as otherwise expressly provided in this
1606	act, sections 4, 5, 6, 8, 9, 10, 11, 12, 14, and 19 ofthis act
1607	shall take effect the earlier of January 1, 2006, orone year
1608	after the Legislature adopts the General Appropriations Act
1609	specifically appropriating to the Department of State, for
1610	distribution to the counties, $8.7 million or such otheramounts
1611	as it determines and appropriates for the specific purpose of
1612	funding this act.
1613	Section 33. Except as otherwise provided herein, this act
1614	shall take effect January 1, 2004.