| 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| 28 | s. 607.193, F.S.; correcting references to repealed |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 |
|
| 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. |