1 | A bill to be entitled |
2 | An act relating to the Department of State; amending s. |
3 | 101.56062, F.S.; prescribing methods of satisfying |
4 | required functionalities with respect to audio ballot |
5 | systems; amending s. 265.285, F.S.; clarifying terms of |
6 | appointment to the Florida Arts Council; removing obsolete |
7 | language; amending s. 265.606, F.S.; deleting a |
8 | requirement for local sponsoring organizations to submit |
9 | an annual postaudit to the Division of Cultural Affairs |
10 | under certain circumstances; amending s. 267.174, F.S.; |
11 | changing the dates for the first meeting of the Discovery |
12 | of Florida Quincentennial Commemoration Commission, the |
13 | completion of the initial draft of a specified master |
14 | plan, and the submission of the completed master plan; |
15 | amending s. 272.129, F.S.; transferring responsibility for |
16 | the Florida Historic Capitol from the Department of State |
17 | to the Legislature; providing for allocation of certain |
18 | space for preservation, museum, and cultural programs of |
19 | the Legislature; requiring the maintenance of the Florida |
20 | Historic Capitol pursuant to certain historic preservation |
21 | standards and guidelines; removing responsibility of the |
22 | Department of Management Services for security of the |
23 | Historic Capitol and adjacent grounds; amending s. |
24 | 272.135, F.S.; requiring the Capitol Curator to be |
25 | appointed by the President of the Senate and the Speaker |
26 | of the House of Representatives; deleting rulemaking |
27 | authority of the Department of State to conform; amending |
28 | s. 607.193, F.S.; correcting references to repealed |
29 | sections of Florida Statutes within provisions relating to |
30 | the annual supplemental corporate fee imposed on each |
31 | business entity authorized to transact business in this |
32 | state; amending s. 257.05, F.S.; requiring that each state |
33 | official, agency, board, and court provide to the Division |
34 | of Library and Information Services of the Department of |
35 | State an annual list of public documents issued by the |
36 | official, agency, board, or court; amending s. 283.31, |
37 | F.S.; defining the term "publication" for purposes of a |
38 | requirement that an executive agency maintain records of |
39 | certain publication costs; amending s. 283.55, F.S.; |
40 | revising the form used by each state agency for the |
41 | purpose of purging publication mailing lists; providing an |
42 | effective date. |
43 |
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44 | Be It Enacted by the Legislature of the State of Florida: |
45 |
|
46 | Section 1. Paragraph (n) of subsection (1) of section |
47 | 101.56062, Florida Statutes, is amended to read: |
48 | 101.56062 Standards for accessible voting systems.-- |
49 | (1) Notwithstanding anything in this chapter to the |
50 | contrary, each voting system certified by the Department of |
51 | State for use in local, state, and federal elections must |
52 | include the capability to install accessible voter interface |
53 | devices in the system configuration which will allow the system |
54 | to meet the following minimum standards: |
55 | (n) Any audio ballot must provide the voter with the |
56 | following functionalities: |
57 | 1. After the initial instructions that the system requires |
58 | election officials to provide to each voter, the voter should be |
59 | able to independently operate the voter interface through the |
60 | final step of casting a ballot without assistance. |
61 | 2. The voter must be able to determine the races that he |
62 | or she is allowed to vote in and to determine which candidates |
63 | are available in each race. |
64 | 3. The voter must be able to determine how many candidates |
65 | may be selected in each race. |
66 | 4. The voter must be able to have confidence that the |
67 | physical or vocal inputs given to the system have selected the |
68 | candidates that he or she intended to select. |
69 | 5. The voter must be able to review the candidate |
70 | selections that he or she has made. |
71 | 6. Prior to the act of casting the ballot, the voter must |
72 | be able to change any selections previously made and confirm a |
73 | new selection. |
74 | 7. The system must communicate to the voter the fact that |
75 | the voter has failed to vote in a race or has failed to vote the |
76 | number of allowable candidates in any race and require the voter |
77 | to confirm his or her intent to undervote before casting the |
78 | ballot. |
79 | 8. The system must prevent the voter from overvoting any |
80 | race. |
81 | 9. The voter must be able to input a candidate's name in |
82 | each race that allows a write-in candidate. |
83 | 10. The voter must be able to review his or her write-in |
84 | input to the interface, edit that input, and confirm that the |
85 | edits meet the voter's intent. |
86 | 11. There must be a clear, identifiable action that the |
87 | voter takes to "cast" the ballot. The system must make clear to |
88 | the voter how to take this action so that the voter has minimal |
89 | risk of taking the action accidentally but, when the voter |
90 | intends to cast the ballot, the action can be easily performed. |
91 | 12. Once the ballot is cast, the system must confirm to |
92 | the voter that the action has occurred and that the voter's |
93 | process of voting is complete. |
94 | 13. Once the ballot is cast, the system must preclude the |
95 | voter from modifying the ballot cast or voting or casting |
96 | another ballot. |
97 |
|
98 | The functionalities required in this paragraph for certification |
99 | may be satisfied by either the voting device or by the entire |
100 | voting system. |
101 | Section 2. Paragraph (a) of subsection (1) of section |
102 | 265.285, 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 |
105 | department as an advisory body, as defined in s. 20.03(7), to |
106 | consist of 15 members. Seven members shall be appointed by the |
107 | Governor, four members shall be appointed by the President of |
108 | the Senate, and four members shall be appointed by the Speaker |
109 | of the House of Representatives. The appointments, to be made in |
110 | consultation with the Secretary of State, shall recognize the |
111 | need for geographical representation. Council members appointed |
112 | by the Governor shall be appointed for 4-year terms beginning on |
113 | January 1 of the year of appointment. Council members appointed |
114 | by the President of the Senate and the Speaker of the House of |
115 | Representatives shall be appointed for 2-year terms beginning on |
116 | January 1 of the year of appointment. Council members serving on |
117 | July 1, 2002, may serve the remainder of their respective terms. |
118 | New appointments to the council shall not be made until the |
119 | retirement, resignation, removal, or expiration of the terms of |
120 | the initial members results in fewer than 15 members remaining. |
121 | As vacancies occur, the first appointment to the council shall |
122 | be made by the Governor. The President of the Senate, the |
123 | Speaker of the House of Representatives, and the Governor, |
124 | respectively, shall then alternate appointments until the |
125 | council is composed as required herein. A No member of the |
126 | council who serves two 4-year terms or two 2-year terms is not |
127 | will be eligible for reappointment for 1 year during a 1-year |
128 | period following the expiration of the member's second term. A |
129 | member whose term has expired shall continue to serve on the |
130 | council until such time as a replacement is appointed. Any |
131 | vacancy on the council shall be filled for the remainder of the |
132 | unexpired term in the same manner as for the original |
133 | appointment. Members should have a substantial history of |
134 | community service in the performing or visual arts, which |
135 | includes, but is not limited to, theatre, dance, folk arts, |
136 | music, architecture, photography, and literature. In addition, |
137 | it is desirable that members have successfully served on boards |
138 | of cultural institutions such as museums and performing arts |
139 | centers or are recognized as patrons of the arts. |
140 | Section 3. Subsections (4) and (5) of section 265.606, |
141 | Florida Statutes, are amended to read: |
142 | 265.606 Cultural Endowment Program; administration; |
143 | qualifying criteria; matching fund program levels; |
144 | distribution.-- |
145 | (4) Once the secretary has determined that the sponsoring |
146 | organization has complied with the criteria imposed by this |
147 | section, he or she may authorize the transfer of the appropriate |
148 | state matching funds to the organization. However, the secretary |
149 | shall ensure that the local group has made prudent arrangements |
150 | for the trusteeship of the entire endowment, and such |
151 | trusteeship is hereby created. The sponsoring organization may |
152 | then expend moneys in the endowment program fund, subject to the |
153 | following requirements: |
154 | (a) The organization may expend funds only for operating |
155 | costs incurred while engaged in programs directly related to |
156 | cultural activities. |
157 | (b) The organization shall annually submit a report to the |
158 | division, in such form as the division specifies, explaining how |
159 | endowment program funds were utilized. |
160 | (c) Any contract administered under this section shall |
161 | require the local sponsoring organization to submit to the |
162 | division an annual postaudit of its financial accounts conducted |
163 | by an independent certified public accountant. |
164 | (5) The $240,000 state matching fund endowment for each |
165 | individual endowment shall revert to the General Revenue Fund if |
166 | any of the following events occurs: |
167 | (a) The recipient sponsoring organization is no longer |
168 | able to manage an endowment ceases operations. |
169 | (b) The recipient sponsoring organization files for |
170 | protection under federal bankruptcy provisions. |
171 | (c) The recipient sponsoring organization willfully |
172 | expends a portion of the endowment principal of any individual |
173 | endowment. |
174 | Section 4. Paragraph (d) of subsection (5) and paragraph |
175 | (c) of subsection (7) of section 267.174, Florida Statutes, are |
176 | amended to read: |
177 | 267.174 Discovery of Florida Quincentennial Commemoration |
178 | Commission.-- |
179 | (5) OFFICERS; BYLAWS; MEETINGS.-- |
180 | (d) The initial meeting of the commission shall be held no |
181 | later than July 31, 2008 January 31, 2007. Subsequent meetings |
182 | shall be held upon the call of the chair or vice chair acting in |
183 | the absence of the chair, and in accordance with the |
184 | commission's bylaws. |
185 | (7) DUTIES; MASTER PLAN.-- |
186 | (c) The commission shall establish a timetable and budget |
187 | for completion for all parts of the master plan which shall be |
188 | made a part of the plan. An initial draft of the plan shall be |
189 | completed and submitted to the Governor, the President of the |
190 | Senate, the Speaker of the House of Representatives, and the |
191 | Secretary of State by May 2009 January 2008 with the completed |
192 | master plan submitted to such officials by May 2010 January |
193 | 2009. |
194 | Section 5. Section 272.129, Florida Statutes, is amended |
195 | to read: |
196 | 272.129 Florida Historic Capitol; space allocation; |
197 | maintenance, repair, and security.-- |
198 | (1) The Legislature Department of State shall ensure |
199 | assure that all space in the Florida Historic Capitol is |
200 | restored in a manner consistent with the 1902 form and made |
201 | available for allocation. Notwithstanding the provisions of ss. |
202 | 255.249 and 272.04 that relate to space allocation in state- |
203 | owned buildings, the President of the Senate and the Speaker of |
204 | the House of Representatives shall have responsibility and |
205 | authority for the allocation of all space in the restored |
206 | Florida Historic Capitol, provided: |
207 | (a) The rotunda, corridors, Senate chamber, House of |
208 | Representatives chamber, and Supreme Court chamber shall not be |
209 | used as office space. |
210 | (b) The Legislature Department of State shall be allocated |
211 | sufficient space for program and administrative functions |
212 | relating to the preservation, museum, and cultural programs of |
213 | the Legislature department. |
214 | (2) The Florida Historic Capitol shall be maintained in |
215 | accordance with good historic preservation practices as |
216 | specified in the National Park Service Preservation Briefs and |
217 | the Secretary of the Interior's Standards for Rehabilitation and |
218 | Guidelines for Rehabilitating Historic Buildings. |
219 | (3)(2) Custodial and preventive maintenance and, repair, |
220 | and security of the entire Historic Capitol and the grounds |
221 | located adjacent thereto shall be the responsibility of the |
222 | Department of Management Services, subject to the special |
223 | requirements of the building as determined by the Capitol |
224 | Curator. |
225 | Section 6. Section 272.135, Florida Statutes, is amended |
226 | to read: |
227 | 272.135 Florida Historic Capitol Curator.-- |
228 | (1) The position of Capitol Curator is created within the |
229 | Legislature Department of State, which shall establish the |
230 | qualifications for the position. The curator shall be appointed |
231 | by and serve at the pleasure of the President of the Senate and |
232 | the Speaker of the House of Representatives Secretary of State. |
233 | (2) The Capitol Curator shall: |
234 | (a) Promote and encourage throughout the state knowledge |
235 | and appreciation of the Florida Historic Capitol. |
236 | (b) Collect, research, exhibit, interpret, preserve, and |
237 | protect the history, artifacts, objects, furnishings, and other |
238 | materials related to the Florida Historic Capitol, except for |
239 | archaeological research and resources. |
240 | (c) Develop, direct, supervise, and maintain the interior |
241 | design and furnishings of all space within the Florida Historic |
242 | Capitol in a manner consistent with the restoration of the |
243 | Florida Historic Capitol in its 1902 form. |
244 | (3) The Department of State shall promulgate rules to |
245 | implement this section. |
246 | Section 7. Subsections (1) and (2) of section 607.193, |
247 | Florida Statutes, are amended to read: |
248 | 607.193 Supplemental corporate fee.-- |
249 | (1) In addition to any other taxes imposed by law, an |
250 | annual supplemental corporate fee of $88.75 is imposed on each |
251 | business entity that is authorized to transact business in this |
252 | state and is required to file an annual report with the |
253 | Department of State under s. 607.1622, s. 608.452, or s. |
254 | 620.1210 620.177. |
255 | (2)(a) The business entity shall remit the supplemental |
256 | corporate fee to the Department of State at the time it files |
257 | the annual report required by s. 607.1622, s. 608.452, or s. |
258 | 620.1210 620.177. |
259 | (b) In addition to the fees levied under ss. 607.0122, |
260 | 608.452, and 620.1109 620.182 and the supplemental corporate |
261 | fee, a late charge of $400 shall be imposed if the supplemental |
262 | corporate fee is remitted after May 1 except in circumstances in |
263 | which a business entity did not receive the uniform business |
264 | report prescribed by the department. |
265 | Section 8. Subsection (2) of section 257.05, Florida |
266 | Statutes, is amended to read: |
267 | 257.05 Public documents; delivery to, and distribution by, |
268 | division.-- |
269 | (2)(a) Each state official, state department, state board, |
270 | state court, or state agency issuing public documents shall |
271 | furnish the Division of Library and Information Services of the |
272 | Department of State 35 copies of each of those public documents, |
273 | as issued, for deposit in and distribution by the division. |
274 | However, if the division so requests, as many as 15 additional |
275 | copies of each public document shall be supplied to it. |
276 | (b) If any state official, state department, state board, |
277 | state court, or state agency has fewer than 40 copies of any |
278 | public document, it shall supply the division with 2 copies of |
279 | each such public document for deposit in the State Library. |
280 | (c) By December 31 of each year, any state official, state |
281 | department, state board, state court, or state agency issuing |
282 | public documents shall furnish to the division a list of all |
283 | public documents, including each publication that is on the |
284 | agency's website, issued by the official, department, board, |
285 | court, or agency during that calendar year. |
286 | (d)(c) As issued, daily journals and bound journals of |
287 | each house of the Legislature; slip laws and bound session laws, |
288 | both general and special; and Florida Statutes and supplements |
289 | thereto shall be furnished to the division by the state |
290 | official, department, or agency having charge of their |
291 | distribution. The number of copies furnished shall be determined |
292 | by requests of the division, which number in no case may exceed |
293 | 35 copies of the particular publication. |
294 | Section 9. Section 283.31, Florida Statutes, is amended to |
295 | read: |
296 | 283.31 Records of executive agency publications.--Each |
297 | agency shall maintain a record of any publication, as defined in |
298 | s. 257.05, the printing of which costs in excess of the |
299 | threshold amount provided in s. 287.017 for CATEGORY THREE, at |
300 | least part of which is paid for by state funds appropriated by |
301 | the Legislature. Such record shall also contain the following: |
302 | written justification of the need for such publication, purpose |
303 | of such publication, legislative or administrative authority, |
304 | sources of funding, frequency and number of issues, and reasons |
305 | for deciding to have the publication printed in-house, by |
306 | another agency or the Legislature, or purchased on bid. In |
307 | addition, such record shall contain the comparative costs of |
308 | alternative printing methods when such costs were a factor in |
309 | deciding upon a method. The record of the corporation operating |
310 | the correctional industry printing program shall include the |
311 | cost of materials used, the cost of labor, the cost of overhead, |
312 | the amount of profit made by the corporation for such printing, |
313 | and whether the state agencies that contract with the |
314 | corporation for printing are prudently determining the price |
315 | paid for such printing. |
316 | Section 10. Section 283.55, Florida Statutes, is amended |
317 | to read: |
318 | 283.55 Purging of publication mailing lists.-- |
319 | (1) By March 1 of each odd-numbered year, every agency |
320 | shall survey the addresses on each of its publication mailing |
321 | lists by providing each addressee the following form, which must |
322 | also disclose whether the publication is available on the |
323 | agency'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 |
327 | format. |
328 | [] I would like to receive this publication in electronic |
329 | format. My e-mail address is:__________. |
330 | [] I do not wish to receive this publication. |
331 | Do you wish to continue receiving this publication? |
332 | Yes____ No____ |
333 | Should your response to this survey not be received by |
334 | April 30, your name will be automatically purged from our |
335 | mailing list. Those addressees who respond shall be maintained |
336 | or removed from such mailing list in accordance with the |
337 | responses. Those addressees not responding by April 30 of such |
338 | odd-numbered year shall be automatically purged from such |
339 | mailing list. Agencies are prohibited from supplying addressees |
340 | with postpaid response forms. |
341 | (2) The provisions of this section apply to any agency, |
342 | except a state university or an agency the mailing list of which |
343 | consists only of those persons registered with or licensed by |
344 | the agency and the registration or license fee of which includes |
345 | payment by the registrants or licensees as subscribers for the |
346 | publication of the agency. |
347 | Section 11. This act shall take effect July 1, 2006. |