HB 7031

1
A bill to be entitled
2An act relating to the Department of State; amending s.
3101.56062, F.S.; prescribing methods of satisfying
4required functionalities with respect to audio ballot
5systems; amending s. 265.285, F.S.; clarifying terms of
6appointment to the Florida Arts Council; removing obsolete
7language; amending s. 265.606, F.S.; deleting a
8requirement for local sponsoring organizations to submit
9an annual postaudit to the Division of Cultural Affairs
10under certain circumstances; amending s. 267.174, F.S.;
11changing the dates for the first meeting of the Discovery
12of Florida Quincentennial Commemoration Commission, the
13completion of the initial draft of a specified master
14plan, and the submission of the completed master plan;
15amending s. 272.129, F.S.; transferring responsibility for
16the Florida Historic Capitol from the Department of State
17to the Legislature; providing for allocation of certain
18space for preservation, museum, and cultural programs of
19the Legislature; requiring the maintenance of the Florida
20Historic Capitol pursuant to certain historic preservation
21standards and guidelines; removing responsibility of the
22Department of Management Services for security of the
23Historic Capitol and adjacent grounds; amending s.
24272.135, F.S.; requiring the Capitol Curator to be
25appointed by the President of the Senate and the Speaker
26of the House of Representatives; deleting rulemaking
27authority of the Department of State to conform; amending
28s. 607.193, F.S.; correcting references to repealed
29sections of Florida Statutes within provisions relating to
30the annual supplemental corporate fee imposed on each
31business entity authorized to transact business in this
32state; amending s. 257.05, F.S.; requiring that each state
33official, agency, board, and court provide to the Division
34of Library and Information Services of the Department of
35State an annual list of public documents issued by the
36official, agency, board, or court; amending s. 283.31,
37F.S.; defining the term "publication" for purposes of a
38requirement that an executive agency maintain records of
39certain publication costs; amending s. 283.55, F.S.;
40revising the form used by each state agency for the
41purpose of purging publication mailing lists; providing an
42effective date.
43
44Be It Enacted by the Legislature of the State of Florida:
45
46     Section 1.  Paragraph (n) of subsection (1) of section
47101.56062, Florida Statutes, is amended to read:
48     101.56062  Standards for accessible voting systems.--
49     (1)  Notwithstanding anything in this chapter to the
50contrary, each voting system certified by the Department of
51State for use in local, state, and federal elections must
52include the capability to install accessible voter interface
53devices in the system configuration which will allow the system
54to meet the following minimum standards:
55     (n)  Any audio ballot must provide the voter with the
56following functionalities:
57     1.  After the initial instructions that the system requires
58election officials to provide to each voter, the voter should be
59able to independently operate the voter interface through the
60final step of casting a ballot without assistance.
61     2.  The voter must be able to determine the races that he
62or she is allowed to vote in and to determine which candidates
63are available in each race.
64     3.  The voter must be able to determine how many candidates
65may be selected in each race.
66     4.  The voter must be able to have confidence that the
67physical or vocal inputs given to the system have selected the
68candidates that he or she intended to select.
69     5.  The voter must be able to review the candidate
70selections that he or she has made.
71     6.  Prior to the act of casting the ballot, the voter must
72be able to change any selections previously made and confirm a
73new selection.
74     7.  The system must communicate to the voter the fact that
75the voter has failed to vote in a race or has failed to vote the
76number of allowable candidates in any race and require the voter
77to confirm his or her intent to undervote before casting the
78ballot.
79     8.  The system must prevent the voter from overvoting any
80race.
81     9.  The voter must be able to input a candidate's name in
82each race that allows a write-in candidate.
83     10.  The voter must be able to review his or her write-in
84input to the interface, edit that input, and confirm that the
85edits meet the voter's intent.
86     11.  There must be a clear, identifiable action that the
87voter takes to "cast" the ballot. The system must make clear to
88the voter how to take this action so that the voter has minimal
89risk of taking the action accidentally but, when the voter
90intends to cast the ballot, the action can be easily performed.
91     12.  Once the ballot is cast, the system must confirm to
92the voter that the action has occurred and that the voter's
93process of voting is complete.
94     13.  Once the ballot is cast, the system must preclude the
95voter from modifying the ballot cast or voting or casting
96another ballot.
97
98The functionalities required in this paragraph for certification
99may be satisfied by either the voting device or by the entire
100voting system.
101     Section 2.  Paragraph (a) of subsection (1) of section
102265.285, Florida Statutes, is amended to read:
103     265.285  Florida Arts Council; membership, duties.--
104     (1)(a)  The Florida Arts Council is created in the
105department as an advisory body, as defined in s. 20.03(7), to
106consist of 15 members. Seven members shall be appointed by the
107Governor, four members shall be appointed by the President of
108the Senate, and four members shall be appointed by the Speaker
109of the House of Representatives. The appointments, to be made in
110consultation with the Secretary of State, shall recognize the
111need for geographical representation. Council members appointed
112by the Governor shall be appointed for 4-year terms beginning on
113January 1 of the year of appointment. Council members appointed
114by the President of the Senate and the Speaker of the House of
115Representatives shall be appointed for 2-year terms beginning on
116January 1 of the year of appointment. Council members serving on
117July 1, 2002, may serve the remainder of their respective terms.
118New appointments to the council shall not be made until the
119retirement, resignation, removal, or expiration of the terms of
120the initial members results in fewer than 15 members remaining.
121As vacancies occur, the first appointment to the council shall
122be made by the Governor. The President of the Senate, the
123Speaker of the House of Representatives, and the Governor,
124respectively, shall then alternate appointments until the
125council is composed as required herein. A No member of the
126council who serves two 4-year terms or two 2-year terms is not
127will be eligible for reappointment for 1 year during a 1-year
128period following the expiration of the member's second term. A
129member whose term has expired shall continue to serve on the
130council until such time as a replacement is appointed. Any
131vacancy on the council shall be filled for the remainder of the
132unexpired term in the same manner as for the original
133appointment. Members should have a substantial history of
134community service in the performing or visual arts, which
135includes, but is not limited to, theatre, dance, folk arts,
136music, architecture, photography, and literature. In addition,
137it is desirable that members have successfully served on boards
138of cultural institutions such as museums and performing arts
139centers or are recognized as patrons of the arts.
140     Section 3.  Subsections (4) and (5) of section 265.606,
141Florida Statutes, are amended to read:
142     265.606  Cultural Endowment Program; administration;
143qualifying criteria; matching fund program levels;
144distribution.--
145     (4)  Once the secretary has determined that the sponsoring
146organization has complied with the criteria imposed by this
147section, he or she may authorize the transfer of the appropriate
148state matching funds to the organization. However, the secretary
149shall ensure that the local group has made prudent arrangements
150for the trusteeship of the entire endowment, and such
151trusteeship is hereby created. The sponsoring organization may
152then expend moneys in the endowment program fund, subject to the
153following requirements:
154     (a)  The organization may expend funds only for operating
155costs incurred while engaged in programs directly related to
156cultural activities.
157     (b)  The organization shall annually submit a report to the
158division, in such form as the division specifies, explaining how
159endowment program funds were utilized.
160     (c)  Any contract administered under this section shall
161require the local sponsoring organization to submit to the
162division an annual postaudit of its financial accounts conducted
163by an independent certified public accountant.
164     (5)  The $240,000 state matching fund endowment for each
165individual endowment shall revert to the General Revenue Fund if
166any of the following events occurs:
167     (a)  The recipient sponsoring organization is no longer
168able to manage an endowment ceases operations.
169     (b)  The recipient sponsoring organization files for
170protection under federal bankruptcy provisions.
171     (c)  The recipient sponsoring organization willfully
172expends a portion of the endowment principal of any individual
173endowment.
174     Section 4.  Paragraph (d) of subsection (5) and paragraph
175(c) of subsection (7) of section 267.174, Florida Statutes, are
176amended to read:
177     267.174  Discovery of Florida Quincentennial Commemoration
178Commission.--
179     (5)  OFFICERS; BYLAWS; MEETINGS.--
180     (d)  The initial meeting of the commission shall be held no
181later than July 31, 2008 January 31, 2007. Subsequent meetings
182shall be held upon the call of the chair or vice chair acting in
183the absence of the chair, and in accordance with the
184commission's bylaws.
185     (7)  DUTIES; MASTER PLAN.--
186     (c)  The commission shall establish a timetable and budget
187for completion for all parts of the master plan which shall be
188made a part of the plan. An initial draft of the plan shall be
189completed and submitted to the Governor, the President of the
190Senate, the Speaker of the House of Representatives, and the
191Secretary of State by May 2009 January 2008 with the completed
192master plan submitted to such officials by May 2010 January
1932009.
194     Section 5.  Section 272.129, Florida Statutes, is amended
195to read:
196     272.129  Florida Historic Capitol; space allocation;
197maintenance, repair, and security.--
198     (1)  The Legislature Department of State shall ensure
199assure that all space in the Florida Historic Capitol is
200restored in a manner consistent with the 1902 form and made
201available for allocation. Notwithstanding the provisions of ss.
202255.249 and 272.04 that relate to space allocation in state-
203owned buildings, the President of the Senate and the Speaker of
204the House of Representatives shall have responsibility and
205authority for the allocation of all space in the restored
206Florida Historic Capitol, provided:
207     (a)  The rotunda, corridors, Senate chamber, House of
208Representatives chamber, and Supreme Court chamber shall not be
209used as office space.
210     (b)  The Legislature Department of State shall be allocated
211sufficient space for program and administrative functions
212relating to the preservation, museum, and cultural programs of
213the Legislature department.
214     (2)  The Florida Historic Capitol shall be maintained in
215accordance with good historic preservation practices as
216specified in the National Park Service Preservation Briefs and
217the Secretary of the Interior's Standards for Rehabilitation and
218Guidelines for Rehabilitating Historic Buildings.
219     (3)(2)  Custodial and preventive maintenance and, repair,
220and security of the entire Historic Capitol and the grounds
221located adjacent thereto shall be the responsibility of the
222Department of Management Services, subject to the special
223requirements of the building as determined by the Capitol
224Curator.
225     Section 6.  Section 272.135, Florida Statutes, is amended
226to read:
227     272.135  Florida Historic Capitol Curator.--
228     (1)  The position of Capitol Curator is created within the
229Legislature Department of State, which shall establish the
230qualifications for the position. The curator shall be appointed
231by and serve at the pleasure of the President of the Senate and
232the Speaker of the House of Representatives Secretary of State.
233     (2)  The Capitol Curator shall:
234     (a)  Promote and encourage throughout the state knowledge
235and appreciation of the Florida Historic Capitol.
236     (b)  Collect, research, exhibit, interpret, preserve, and
237protect the history, artifacts, objects, furnishings, and other
238materials related to the Florida Historic Capitol, except for
239archaeological research and resources.
240     (c)  Develop, direct, supervise, and maintain the interior
241design and furnishings of all space within the Florida Historic
242Capitol in a manner consistent with the restoration of the
243Florida Historic Capitol in its 1902 form.
244     (3)  The Department of State shall promulgate rules to
245implement this section.
246     Section 7.  Subsections (1) and (2) of section 607.193,
247Florida Statutes, are amended to read:
248     607.193  Supplemental corporate fee.--
249     (1)  In addition to any other taxes imposed by law, an
250annual supplemental corporate fee of $88.75 is imposed on each
251business entity that is authorized to transact business in this
252state and is required to file an annual report with the
253Department of State under s. 607.1622, s. 608.452, or s.
254620.1210 620.177.
255     (2)(a)  The business entity shall remit the supplemental
256corporate fee to the Department of State at the time it files
257the annual report required by s. 607.1622, s. 608.452, or s.
258620.1210 620.177.
259     (b)  In addition to the fees levied under ss. 607.0122,
260608.452, and 620.1109 620.182 and the supplemental corporate
261fee, a late charge of $400 shall be imposed if the supplemental
262corporate fee is remitted after May 1 except in circumstances in
263which a business entity did not receive the uniform business
264report prescribed by the department.
265     Section 8.  Subsection (2) of section 257.05, Florida
266Statutes, is amended to read:
267     257.05  Public documents; delivery to, and distribution by,
268division.--
269     (2)(a)  Each state official, state department, state board,
270state court, or state agency issuing public documents shall
271furnish the Division of Library and Information Services of the
272Department of State 35 copies of each of those public documents,
273as issued, for deposit in and distribution by the division.
274However, if the division so requests, as many as 15 additional
275copies of each public document shall be supplied to it.
276     (b)  If any state official, state department, state board,
277state court, or state agency has fewer than 40 copies of any
278public document, it shall supply the division with 2 copies of
279each such public document for deposit in the State Library.
280     (c)  By December 31 of each year, any state official, state
281department, state board, state court, or state agency issuing
282public documents shall furnish to the division a list of all
283public documents, including each publication that is on the
284agency's website, issued by the official, department, board,
285court, or agency during that calendar year.
286     (d)(c)  As issued, daily journals and bound journals of
287each house of the Legislature; slip laws and bound session laws,
288both general and special; and Florida Statutes and supplements
289thereto shall be furnished to the division by the state
290official, department, or agency having charge of their
291distribution. The number of copies furnished shall be determined
292by requests of the division, which number in no case may exceed
29335 copies of the particular publication.
294     Section 9.  Section 283.31, Florida Statutes, is amended to
295read:
296     283.31  Records of executive agency publications.--Each
297agency shall maintain a record of any publication, as defined in
298s. 257.05, the printing of which costs in excess of the
299threshold amount provided in s. 287.017 for CATEGORY THREE, at
300least part of which is paid for by state funds appropriated by
301the Legislature. Such record shall also contain the following:  
302written justification of the need for such publication, purpose
303of such publication, legislative or administrative authority,
304sources of funding, frequency and number of issues, and reasons
305for deciding to have the publication printed in-house, by
306another agency or the Legislature, or purchased on bid.  In
307addition, such record shall contain the comparative costs of
308alternative printing methods when such costs were a factor in
309deciding upon a method. The record of the corporation operating
310the correctional industry printing program shall include the
311cost of materials used, the cost of labor, the cost of overhead,
312the amount of profit made by the corporation for such printing,
313and whether the state agencies that contract with the
314corporation for printing are prudently determining the price
315paid for such printing.
316     Section 10.  Section 283.55, Florida Statutes, is amended
317to read:
318     283.55  Purging of publication mailing lists.--
319     (1)  By March 1 of each odd-numbered year, every agency
320shall survey the addresses on each of its publication mailing
321lists by providing each addressee the following form, which must
322also disclose whether the publication is available on the
323agency's website:
324     ...(Name of publication)...
325     Please choose one of the following options:
326     [] I would like to receive this publication in hard copy
327format.
328     [] I would like to receive this publication in electronic
329format. My e-mail address is:__________.
330     [] I do not wish to receive this publication.
331     Do you wish to continue receiving this publication?
332Yes____ No____
333     Should your response to this survey not be received by
334April 30, your name will be automatically purged from our
335mailing list. Those addressees who respond shall be maintained
336or removed from such mailing list in accordance with the
337responses. Those addressees not responding by April 30 of such
338odd-numbered year shall be automatically purged from such
339mailing list. Agencies are prohibited from supplying addressees
340with postpaid response forms.
341     (2)  The provisions of this section apply to any agency,
342except a state university or an agency the mailing list of which
343consists only of those persons registered with or licensed by
344the agency and the registration or license fee of which includes
345payment by the registrants or licensees as subscribers for the
346publication of the agency.  
347     Section 11.  This act shall take effect July 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.