Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. CS for SB 600 Barcode 866118 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/03/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 245 - 427 4 and insert: 5 (1) For purposes of this section, the term: 6 (a) “Defect” means: 7 1. Any failure, fault, or flaw in an electronic or 8 electromechanical voting system approved pursuant to s. 101.5605 9 which results in nonconformance with the standards in a manner 10 that affects the timeliness or accuracy of the casting or 11 counting of ballots; or 12 2. Any failure or inability of the voting system 13 manufacturer or vendor to make available or provide approved 14 replacements of hardware or software to the counties that have 15 purchased the approved voting system, the unavailability of 16 which results in the system’s nonconformance with the standards 17 in a manner that affects the timeliness or accuracy of the 18 casting or counting of ballots. 19 (b) “Standards” refers to the requirements in ss. 101.5606 20 and 101.56062 under which a voting system was approved for use 21 in the state. 22 (c) “Vendor” means a person who submits or previously 23 submitted a voting system that was approved by the Department of 24 State in accordance with s. 101.5605, or a person who enters 25 into a contract for the sale or lease of a voting system to any 26 county, or that previously entered into such a contract that has 27 not expired. 28 (2)(a) No later than December 31, 2013, and, thereafter, on 29 January 1 of every odd-numbered year, each vendor shall file a 30 written disclosure with the department identifying any known 31 defect in the voting system or the fact that there is no known 32 defect, the effect of any defect on the operation and use of the 33 approved voting system, and any known corrective measures to 34 cure a defect, including, but not limited to, advisories and 35 bulletins issued to system users. 36 (b) Implementation of corrective measures approved by the 37 department which enable a system to conform to the standards and 38 ensure the timeliness and accuracy of the casting and counting 39 of ballots constitutes a cure of a defect. 40 (c) If a vendor becomes aware of the existence of a defect, 41 he or she must file a new disclosure with the department as 42 provided in paragraph (a) within 30 days after the date the 43 vendor determined or reasonably should have determined that the 44 defect existed. 45 (d) If a vendor discloses to the department that a defect 46 exists, the department may suspend all sales or leases of the 47 voting system in the state and may suspend the use of the system 48 in any election in the state. The department shall provide 49 written notice of any such suspension to each affected vendor 50 and supervisor of elections. If the department determines that 51 the defect no longer exists, the department shall lift the 52 suspension and provide written notice to each affected vendor 53 and supervisor of elections. 54 (e) If a vendor fails to file a required disclosure for a 55 voting system previously approved by the department, that system 56 may not be sold, leased, or used for elections in the state 57 until it has been submitted for examination and approval and 58 adopted for use pursuant to s. 101.5605. The department shall 59 provide written notice to all supervisors of elections that the 60 system is no longer approved. 61 (3)(a) If the department has reasonable cause to believe a 62 voting system approved pursuant to s. 101.5605 contains a defect 63 either before, during, or after an election which has not been 64 disclosed pursuant to subsection (2), the department may 65 investigate whether the voting system has a defect. 66 (b) The department may initiate an investigation pursuant 67 to paragraph (a) on its own initiative or upon the written 68 request of the supervisor of elections of a county that 69 purchased or leased a voting system that contains the alleged 70 defect. 71 (c) Upon initiating an investigation, the department shall 72 provide written notice to the vendor and all of the supervisors 73 of elections. 74 (4)(a) If the department determines by a preponderance of 75 the evidence that a defect exists in the voting system, or that 76 a vendor failed to timely disclose a defect pursuant to 77 subsection (2), the department shall provide written notice to 78 the affected vendor and supervisors of elections. 79 (b) A vendor entitled to receive notice pursuant to 80 paragraph (a) shall, within 10 days, file a written response to 81 the department which: 82 1. Denies that the alleged defect exists or existed as 83 alleged by the department or that the vendor failed to timely 84 disclose a defect, and sets forth the reasons for such denial; 85 or 86 2. Admits that the defect exists or existed as alleged by 87 the department or that the vendor failed to timely disclose a 88 defect. 89 (c) If the defect has been cured, the vendor shall provide 90 an explanation of how the defect was cured. 91 (d) If the defect has not been cured, the vendor shall 92 inform the department whether the defect can be cured and shall 93 provide the department with a plan for curing the defect. If the 94 defect can be cured, the department shall establish a timeframe 95 within which to cure the defect. 96 (5) If after receiving a response from the vendor, the 97 department determines that a defect does not exist or has been 98 cured within the timeframe established by the department, the 99 department shall take no further action. 100 (6) If the department determines that: a vendor failed to 101 timely disclose a defect; or that a defect exists and a vendor 102 has not filed a written response or has failed to cure within 103 the timeframe established by the department, or if the defect 104 cannot be cured, the department shall impose a civil penalty of 105 $25,000 for the defect plus an amount equal to the actual costs 106 incurred by the department in conducting the investigation. 107 (7) If the department finds that a defect existed: 108 (a) The department may suspend all sales and leases of the 109 voting system and may suspend its use in any county in the 110 state. The department shall provide written notice of the 111 suspension to each affected vendor and supervisor of elections. 112 (b) If the department determines that a defect no longer 113 exists in a voting system that has been suspended from use 114 pursuant to paragraph (a), the department shall lift the 115 suspension and authorize the sale, lease, and use of the voting 116 system in any election in the state. The department shall 117 provide written notice that the suspension has been lifted to 118 each affected vendor and supervisor of elections. 119 (c) If the defect cannot be cured, the department may 120 disapprove the voting system for use in elections in the state. 121 The department shall provide written notice to all supervisors 122 of elections that the system is no longer approved. After 123 approval of a system has been withdrawn pursuant to this 124 paragraph, the system may not be sold, leased, or used in 125 elections in the state until it has been submitted for 126 examination and approval and adopted for use pursuant to s. 127 101.5605. 128 (d) Any vendor against whom a civil penalty was imposed 129 under this section may not submit a voting system for approval 130 by the Department of State in accordance with s. 101.5605 or 131 enter into a contract for sale or lease of a voting system in 132 the state until the civil penalties have been paid and the 133 department provides written confirmation to the supervisors of 134 elections of the payment. 135 (8) The department shall prepare a written report of any 136 investigation conducted pursuant to this section. 137 (9) The authority of the department under this section is 138 in addition to, and not exclusive of, any other authority 139 provided by law. 140 (10) All proceedings under this section are exempt from 141 chapter 120. 142 143 ================= T I T L E A M E N D M E N T ================ 144 And the title is amended as follows: 145 Delete lines 22 - 27 146 and insert: 147 notice; creating s. 101.56065, F.S.; providing 148 definitions; requiring a vendor to file a written 149 disclosure with the department; providing requirements 150 for the disclosure; providing what constitutes a cure 151 of a defect; requiring a vendor to file a new 152 disclosure with the department if a vendor becomes 153 aware of a defect within a specified period; 154 authorizing the department to suspend all sales or 155 leases or use in an election of a defective voting 156 system; authorizing the