Senate Bill sb1350e1

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  1                      A bill to be entitled

  2         An act relating to elections; amending s.

  3         106.08, F.S.; clarifying requirements for

  4         soliciting and accepting charitable

  5         contributions; reenacting a prohibition against

  6         indirect campaign contributions; amending s.

  7         97.021, F.S.; defining the terms "alternative

  8         formats," "tactile input device," and "voter

  9         interface device" for purposes of the Florida

10         Election Code; creating s. 97.026, F.S.;

11         stating the legislature's intent that certain

12         forms used under the code be made available in

13         alternative formats; requiring the Department

14         of State to make such forms available via the

15         Internet if possible; amending s. 98.065, F.S.;

16         requiring that the maintenance of voter

17         registration records be nondiscriminatory with

18         respect to persons having a disability;

19         creating s. 98.122, F.S.; requiring candidates,

20         political parties, and political committees to

21         use closed captioning and descriptive narrative

22         in all television broadcasts; providing that

23         failing to file a statement of reasons for

24         failing to do so is a violation of the code,

25         for which there are penalties; authorizing the

26         Department of State to adopt rules; amending

27         ss. 100.361, 100.371, F.S.; suggesting that a

28         recall petition be available in alternative

29         formats; requiring a constitutional amendment

30         proposed by initiative and other papers and

31         forms be available in alternative formats;


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  1         amending s. 101.051, F.S.; eliminating a

  2         requirement that an elector give a reason under

  3         oath for requesting assistance in voting;

  4         amending s. 101.51, F.S.; abolishing

  5         limitations on the length of time a voter is

  6         allowed to occupy a voting booth or

  7         compartment; creating s. 101.56062, F.S.;

  8         providing standards for accessible voting

  9         systems; requiring any voting system to have at

10         least one accessible voter interface device

11         installed in each precinct; authorizing the

12         Department of State to adopt rules; providing

13         legislative intent with respect to meeting or

14         exceeding minimum federal requirements for

15         voting systems and accessibility of polling

16         places; creating s. 101.662, F.S.; authorizing

17         the Department of State to work with certain

18         parties to develop procedures to allow absentee

19         ballots to be cast in alternative formats;

20         amending s. 101.71, F.S.; authorizing

21         supervisors of elections to move a polling

22         place that does not comply with requirements

23         for accessibility; amending s. 101.715, F.S.;

24         requiring that all polling places be accessible

25         by persons having a disability; providing for

26         standards that are required at each polling

27         place; authorizing the Department of State to

28         adopt rules; requiring the supervisors of

29         elections to survey polling places for

30         accessibility by a specified date; providing

31         for a report of survey results to the Governor


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  1         and Legislature; allowing for variance until a

  2         certain time; amending s. 102.014, F.S.;

  3         requiring the Department of State to develop a

  4         training program for poll workers concerning

  5         voters having a disability; providing

  6         requirements for the program; requiring

  7         supervisors of elections to certify completion

  8         of the program by poll workers; amending s.

  9         104.20, F.S., relating to penalties imposed

10         against an elector for remaining in a voting

11         booth longer than the specified time;

12         conforming provisions to changes made by the

13         act; amending s. 125.01, F.S., relating to

14         powers of the governing body of a county;

15         conforming a cross-reference to changes made by

16         the act; authorizing the State to apply for

17         federal funds to be used to fund this act;

18         amending s. 106.09, F.S.; increasing penalties

19         for making or accepting certain illegal

20         campaign contributions; amending s. 106.24,

21         F.S.; providing for restrictions on the

22         membership of the Florida Elections Commission;

23         providing exceptions; providing effective

24         dates.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Effective upon becoming a law, subsection

29  (5) of section 106.08, Florida Statutes, is reenacted and

30  amended to read:

31         106.08  Contributions; limitations on.--


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  1         (5)(a)  A person may not make any contribution through

  2  or in the name of another, directly or indirectly, in any

  3  election.

  4         (b)  Candidates, political committees, and political

  5  parties may not solicit contributions from or make

  6  contributions to any religious, charitable, civic, or other

  7  causes or organizations established primarily for the public

  8  good.

  9         (c)  Candidates, political committees, and political

10  parties may not make contributions, in exchange for political

11  support, to any religious, charitable, civic, or other cause

12  or organization established primarily for the public good.

13  However, It is not a violation of this paragraph subsection

14  for:

15         1.  A candidate, political committee, or political

16  party executive committee to make gifts of money in lieu of

17  flowers in memory of a deceased person; or for

18         2.  A candidate to continue membership in, or make

19  regular donations from personal or business funds to,

20  religious, political party, civic, or charitable groups of

21  which the candidate is a member or to which the candidate has

22  been a regular donor for more than 6 months; or.

23         3.  A candidate to may purchase, with campaign funds,

24  tickets, admission to events, or advertisements from

25  religious, civic, political party, or charitable groups.

26         Section 2.  Effective July 1, 2002, section 106.09,

27  Florida Statutes, is amended to read:

28         106.09  Cash contributions and contribution by

29  cashier's checks.--

30

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  1         (1)  A No person may not shall make or accept a cash

  2  contribution or contribution by means of a cashier's check in

  3  excess of $100.

  4         (2)(a)  Any person who makes or accepts a contribution

  5  in excess of $100 in violation of this section commits is

  6  guilty of a misdemeanor of the first degree, punishable as

  7  provided in s. 775.082 or s. 775.083.

  8         (b)  Any person who knowingly and willfully makes or

  9  accepts a contribution in excess of $5,000 in violation of

10  this section commits a felony of the third degree, punishable

11  as provided in s. 775.082, s. 775.083, or s. 775.084.

12         Section 3.  Effective upon becoming a law, subsection

13  (1) of section 106.24, Florida Statutes, is amended to read:

14         106.24  Florida Elections Commission; membership;

15  powers; duties.--

16         (1)(a)  There is created within the Department of Legal

17  Affairs, Office of the Attorney General, a Florida Elections

18  Commission, hereinafter referred to as the commission.  The

19  commission shall be a separate budget entity, and its director

20  shall be the agency head for all purposes.  The commission

21  shall not be subject to control, supervision, or direction by

22  the Department of Legal Affairs or the Attorney General in the

23  performance of its duties, including, but not limited to,

24  personnel, purchasing transactions involving real or personal

25  property, and budgetary matters.

26         (b)  The commission shall be composed of nine members.

27  The President of the Senate, the Speaker of the House of

28  Representatives, the minority leader of the Senate, and the

29  minority leader of the House of Representatives shall each

30  provide a list of six nominees to the Governor for initial

31  appointment to the commission.  The Governor may appoint two


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  1  members to the commission from each list.  If the Governor

  2  refuses to appoint two members from any of the respective

  3  lists, the Governor shall so inform the nominating officer and

  4  the nominating officer shall submit a new list of six nominees

  5  within 30 days. The new list must contain at least three

  6  nominees not included on the prior nominating list.  The ninth

  7  commission member, who shall serve as chair of the commission,

  8  shall be appointed by the Governor. Each member of the

  9  commission is subject to confirmation by the Senate.  The

10  chair of the commission shall serve for a maximum term of 4

11  years, such term to run concurrently with the term of the

12  appointing Governor and until a future successor is appointed.

13  Other members of the commission shall serve for 4-year terms

14  and until their successors are appointed. An individual who is

15  a lobbyist at the state or local government level may not

16  serve as a member of the commission, except that this

17  prohibition shall not apply to an individual who is a member

18  of the commission on July 1, 2002, until the expiration of his

19  or her current term. A member of the commission is prohibited

20  from lobbying state or local government while he or she is a

21  member of the commission, except that this prohibition shall

22  not apply to an individual who is a member of the commission

23  on July 1, 2002, until the expiration of his or her current

24  term.

25         (c)  As the terms of members expire, excluding the

26  chair, successors shall be appointed to 4-year terms and shall

27  serve until their successors are appointed.  Six months prior

28  to the expiration of a commission member's term, the ranking

29  officer of the political party in the respective house

30  originally nominating the commission member shall submit a

31  list of three nominees to the Governor.  The Governor may


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  1  appoint one of the listed nominees to the commission.  If no

  2  nominee is selected from the list, the Governor shall so

  3  inform the nominating officer, who shall submit a list of

  4  three different nominees to the Governor within 30 days.

  5  Vacancies on the commission shall expeditiously be filled for

  6  the unexpired terms in the same manner.

  7         (d)  As the term of the chair of the commission expires

  8  or becomes vacant, a successor shall be appointed in the

  9  manner of the original appointment, and shall serve for a

10  maximum of 4 years, such term to run concurrently with the

11  term of the appointing Governor and until a future successor

12  is appointed.

13         (e)  In no event may any member of the commission serve

14  more than two full terms. Members of the commission shall be

15  paid travel and per diem as provided in s. 112.061 while in

16  performance of their duties and in traveling to, from, and

17  upon same.  Of the nine members of the commission, no more

18  than five members shall be from the same political party at

19  any one time.

20         Section 4.  Subsections (2) through (31) of section

21  97.021, Florida Statutes, as amended by section 2 of chapter

22  2001-40, Laws of Florida, are renumbered as subsections (3)

23  through (32), respectively, present subsections (32) and (33)

24  of that section are renumbered as subsections (34) and (35),

25  respectively, present subsections (34) through (36) of that

26  section are renumbered as subsections (37) through (38),

27  respectively, and new subsections (2), (33), and (36) are

28  added to that section to read:

29         97.021  Definitions.--For the purposes of this code,

30  except where the context clearly indicates otherwise, the

31  term:


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  1         (2)  "Alternative formats" has the meaning ascribed in

  2  the Americans with Disabilities Act of 1990, Pub. L. No.

  3  101-336, 42 U.S.C. ss. 12101 et seq., including specifically

  4  the technical assistance manuals promulgated thereunder, as

  5  amended.

  6         (33)  "Tactile input device" means a device that

  7  provides information to a voting system by means of a voter

  8  touching the device, such as a keyboard, and that complies

  9  with the requirements of s. 101.56062(1)(k) and (l).

10         (36)  "Voter interface device" means any device that

11  communicates voting instructions and ballot information to a

12  voter and allows the voter to select and vote for candidates

13  and issues.

14         Section 5.  Section 97.026, Florida Statutes, is

15  created to read:

16         97.026  Forms to be available in alternative formats

17  and via the Internet.--It is the intent of the Legislature

18  that all forms required to be used in chapters 97-106 shall be

19  made available upon request, in alternative formats. Such

20  forms shall include absentee ballots as alternative formats

21  for such ballots become available and the Division of

22  Elections is able to certify systems that provide them.

23  Whenever possible, such forms, with the exception of absentee

24  ballots, shall be made available by the Department of State

25  via the Internet. Sections that contain such forms include,

26  but are not limited to, ss. 97.051, 97.052, 97.053, 97.057,

27  97.058, 97.0583, 97.071, 97.073, 97.1031, 98.055, 98.075,

28  99.021, 100.361, 100.371, 101.045, 101.171, 101.20, 101.6103,

29  101.62, 101.64, 101.65, 101.657, 105.031, 106.023, and

30  106.087.

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  1         Section 6.  Subsection (1) of section 98.065, Florida

  2  Statutes, is amended to read:

  3         98.065  Registration list maintenance programs.--

  4         (1)  The supervisor must conduct a general registration

  5  list maintenance program to protect the integrity of the

  6  electoral process by ensuring the maintenance of accurate and

  7  current voter registration records. The program must be

  8  uniform, nondiscriminatory, and in compliance with the Voting

  9  Rights Act of 1965. As used in this subsection, the term

10  "nondiscriminatory" applies to and includes persons with

11  disabilities.

12         Section 7.  Effective July 1, 2004, section 98.122,

13  Florida Statutes, is created to read:

14         98.122  Use of closed captioning and descriptive

15  narrative in all television broadcasts.--Each candidate,

16  political party, and political committee must use closed

17  captioning and descriptive narrative in all television

18  broadcasts regulated by the Federal Communications Commission

19  that are on behalf of, or sponsored by, a candidate, political

20  party, or political committee or must file a written statement

21  with the qualifying officer setting forth the reasons for not

22  doing so. Failure to file this statement with the appropriate

23  qualifying officer constitutes a violation of the Florida

24  Election Code and is under the jurisdiction of the Florida

25  Elections Commission. The Department of State may adopt rules

26  in accordance with s. 120.54 which are necessary to administer

27  this section.

28         Section 8.  Paragraphs (a) and (d) of subsection (1) of

29  section 100.361, Florida Statutes, are amended to read:

30         100.361  Municipal recall.--

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  1         (1)  RECALL PETITION.--Any member of the governing body

  2  of a municipality or charter county, hereinafter referred to

  3  in this section as "municipality," may be removed from office

  4  by the electors of the municipality.  When the official

  5  represents a district and is elected only by electors residing

  6  in that district, only electors from that district are

  7  eligible to sign the petition to recall that official and are

  8  entitled to vote in the recall election. When the official

  9  represents a district and is elected at-large by the electors

10  of the municipality, all electors of the municipality are

11  eligible to sign the petition to recall that official and are

12  entitled to vote in the recall election. Where used in this

13  section, the term "district" shall be construed to mean the

14  area or region of a municipality from which a member of the

15  governing body is elected by the electors from such area or

16  region.  Members may be removed from office by the following

17  procedure:

18         (a)  A petition shall be prepared naming the person

19  sought to be recalled and containing a statement of grounds

20  for recall in not more than 200 words limited solely to the

21  grounds specified in paragraph (b).  If more than one member

22  of the governing body is sought to be recalled, whether such

23  member is elected by the electors of a district or by the

24  electors of the municipality at-large, a separate recall

25  petition shall be prepared for each member sought to be

26  recalled. Upon request, the content of a petition should be,

27  but is not required to be, provided by the proponent in

28  alternative formats.

29         1.  In a municipality or district of fewer than 500

30  electors, the petition shall be signed by at least 50 electors

31  or by 10 percent of the total number of registered electors of


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  1  the municipality or district as of the preceding municipal

  2  election, whichever is greater.

  3         2.  In a municipality or district of 500 or more but

  4  fewer than 2,000 registered electors, the petition shall be

  5  signed by at least 100 electors or by 10 percent of the total

  6  number of registered electors of the municipality or district

  7  as of the preceding municipal election, whichever is greater.

  8         3.  In a municipality or district of 2,000 or more but

  9  fewer than 5,000 registered electors, the petition shall be

10  signed by at least 250 electors or by 10 percent of the total

11  number of registered electors of the municipality or district

12  as of the preceding municipal election, whichever is greater.

13         4.  In a municipality or district of 5,000 or more but

14  fewer than 10,000 registered electors, the petition shall be

15  signed by at least 500 electors or by 10 percent of the total

16  number of registered electors of the municipality or district

17  as of the preceding municipal election, whichever is greater.

18         5.  In a municipality or district of 10,000 or more but

19  fewer than 25,000 registered electors, the petition shall be

20  signed by at least 1,000 electors or by 10 percent of the

21  total number of registered electors of the municipality or

22  district as of the preceding municipal election, whichever is

23  greater.

24         6.  In a municipality or district of 25,000 or more

25  registered electors, the petition shall be signed by at least

26  1,000 electors or by 5 percent of the total number of

27  registered electors of the municipality or district as of the

28  preceding municipal election, whichever is greater.

29

30  Electors of the municipality or district making charges

31  contained in the statement of grounds for recall and those


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  1  signing the recall petition shall be designated as the

  2  "committee."  A specific person shall be designated in the

  3  petition as chair of the committee to act for the committee.

  4  Electors of the municipality or district are eligible to sign

  5  the petition. Signatures and oaths of witnesses shall be

  6  executed as provided in paragraph (c).  All signatures shall

  7  be obtained within a period of 30 days, and the petition shall

  8  be filed within 30 days after the date the first signature is

  9  obtained on the petition.

10         (d)  The petition shall be filed with the auditor or

11  clerk of the municipality or charter county, or his or her

12  equivalent, hereinafter referred to as clerk, by the person

13  designated as chair of the committee, and, when the petition

14  is filed, the clerk shall submit such petition to the county

15  supervisor of elections who shall, within a period of not more

16  than 30 days after the petition is filed with the supervisor,

17  determine whether the petition contains the required valid

18  signatures.  The petition cannot be amended after it is filed

19  with the clerk.  The supervisor shall be paid by the persons

20  or committee seeking verification the sum of 10 cents for each

21  name checked. Upon filing with the clerk, the petition and all

22  subsequent papers or forms required or permitted to be filed

23  with the clerk in connection with this section must, upon

24  request, be made available in alternative formats.

25         Section 9.  Subsection (3) of section 100.371, Florida

26  Statutes, is amended to read:

27         100.371  Initiatives; procedure for placement on

28  ballot.--

29         (3)  The sponsor of an initiative amendment shall,

30  prior to obtaining any signatures, register as a political

31  committee pursuant to s. 106.03 and submit the text of the


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  1  proposed amendment to the Secretary of State, with the form on

  2  which the signatures will be affixed, and shall obtain the

  3  approval of the Secretary of State of such form.  The

  4  Secretary of State shall adopt promulgate rules pursuant to s.

  5  120.54 prescribing the style and requirements of such form.

  6  Upon filing with the Secretary of State, the text of the

  7  proposed amendment and all forms filed in connection with this

  8  section must, upon request, be made available in alternative

  9  formats.

10         Section 10.  Subsection (4) of section 101.051, Florida

11  Statutes, is amended to read:

12         101.051  Electors seeking assistance in casting

13  ballots; oath to be executed; forms to be furnished.--

14         (4)  If an elector needs assistance in voting pursuant

15  to the provisions of this section, the clerk or one of the

16  inspectors shall require the elector requesting assistance in

17  voting to take the following oath:

18

19                 DECLARATION TO SECURE ASSISTANCE

20

21  State of Florida

22  County of ....

23  Date ....

24  Precinct ....

25         I, ...(Print name)..., swear or affirm that I am a

26  registered elector and request assistance from ...(Print

27  names)... in voting at the ...(name of election)... held on

28  ...(date of election).... for the following reason............

29  ..............................................................

30  ..............................................................

31                                      ...(Signature of voter)...


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  1

  2  Sworn and subscribed to before me this .... day of ....,

  3  ...(year)....

  4                ...(Signature of Official Administering Oath)...

  5         Section 11.  Section 101.51, Florida Statutes, is

  6  amended to read:

  7         101.51  Electors to occupy booth alone; time allowed.--

  8         (1)  When the elector presents himself or herself to

  9  vote, the election official shall ascertain whether the

10  elector's name is upon the register of electors, and, if the

11  elector's name appears and no challenge interposes, or, if

12  interposed, be not sustained, one of the election officials

13  stationed at the entrance shall announce the name of the

14  elector and permit him or her to enter the booth or

15  compartment to cast his or her vote, allowing only one elector

16  at a time to pass through to vote.  An No elector, while

17  casting his or her ballot, may not shall occupy a booth or

18  compartment longer than 5 minutes or be allowed to occupy a

19  booth or compartment already occupied or to speak with anyone,

20  except as provided by s. 101.051, while in the polling place.

21         (2)  If an elector requires longer than 5 minutes, then

22  upon a sufficient reason he or she may be granted a longer

23  period of time by the election officials in charge.  After

24  casting his or her vote, the elector shall at once leave the

25  polling room by the exit opening and shall not be permitted to

26  reenter on any pretext whatever.  After the elector has voted,

27  or declined or failed to vote within 5 minutes, he or she

28  shall immediately withdraw from the polling place.  If the

29  elector refuses to leave after the lapse of 5 minutes, he or

30  she shall be removed by the election officials.

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  1         Section 12.  Section 101.56062, Florida Statutes, is

  2  created to read:

  3         101.56062  Standards for accessible voting systems.--

  4         (1)  Notwithstanding anything in this chapter to the

  5  contrary, each voting system certified by the Department of

  6  State for use in local, state, and federal elections must

  7  include the capability to install accessible voter interface

  8  devices in the system configuration which will allow the

  9  system to meet the following minimum standards:

10         (a)  The voting system must provide a tactile input or

11  audio input device, or both.

12         (b)  The voting system must provide a method by which

13  voters can confirm any tactile or audio input by having the

14  capability of audio output using synthetic or recorded human

15  speech that is reasonably phonetically accurate.

16         (c)  Any operable controls on the input device which

17  are needed for voters who are visually impaired must be

18  discernable tactilely without actuating the keys.

19         (d)  Audio and visual access approaches must be able to

20  work both separately and simultaneously.

21         (e)  If a nonaudio access approach is provided, the

22  system may not require color perception. The system must use

23  black text or graphics, or both, on white background or white

24  text or graphics, or both, on black background, unless the

25  office of the Secretary of State approves other high-contrast

26  color combinations that do not require color perception.

27         (f)  Any voting system that requires any visual

28  perception must offer the election official who programs the

29  system, prior to its being sent to the polling place, the

30  capability to set the font size, as it appears to the voter,

31  from a minimum of 14 points to a maximum of 24 points.


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  1         (g)  The voting system must provide audio information,

  2  including any audio output using synthetic or recorded human

  3  speech or any auditory feedback tones that are important for

  4  the use of the audio approach, through at least one mode, by

  5  handset or headset, in enhanced auditory fashion (increased

  6  amplification), and must provide incremental volume control

  7  with output amplification up to a level of at least 97 dB SPL.

  8         (h)  For transmitted voice signals to the voter, the

  9  voting system must provide a gain adjustable up to a minimum

10  of 20 dB with at least one intermediate step of 12 dB of gain.

11         (i)  For the safety of others, if the voting system has

12  the possibility of exceeding 120 dB SPL, then a mechanism must

13  be included to reset the volume automatically to the voting

14  system's default volume level after every use, for example

15  when the handset is replaced, but not before. Also, universal

16  precautions in the use and sharing of headsets should be

17  followed.

18         (j)  If sound cues and audible information such as

19  "beeps" are used, there must be simultaneous corresponding

20  visual cues and information.

21         (k)  Controls and operable mechanisms must be operable

22  with one hand, including operability with a closed fist, and

23  operable without tight grasping, pinching, or twisting of the

24  wrist.

25         (l)  The force required to operate or activate the

26  controls must be no greater than 5 pounds of force.

27         (m)  Voting booths must have voting controls at a

28  minimum height of 36 inches above the finished floor with a

29  minimum knee clearance of 27 inches high, 30 inches wide, and

30  19 inches deep, or the accessible voter interface devices must

31  be designed so as to allow their use on top of a table to meet


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  1  these requirements. Tabletop installations must include

  2  adequate privacy.

  3         (n)  Any audio ballot must provide the voter with the

  4  following functionalities:

  5         1.  After the initial instructions that the system

  6  requires election officials to provide to each voter, the

  7  voter should be able to independently operate the voter

  8  interface through the final step of casting a ballot without

  9  assistance.

10         2.  The voter must be able to determine the races that

11  he or she is allowed to vote in and to determine which

12  candidates are available in each race.

13         3.  The voter must be able to determine how many

14  candidates may be selected in each race.

15         4.  The voter must be able to have confidence that the

16  physical or vocal inputs given to the system have selected the

17  candidates that he or she intended to select.

18         5.  The voter must be able to review the candidate

19  selections that he or she has made.

20         6.  Prior to the act of casting the ballot, the voter

21  must be able to change any selections previously made and

22  confirm a new selection.

23         7.  The system must communicate to the voter the fact

24  that the voter has failed to vote in a race or has failed to

25  vote the number of allowable candidates in any race and

26  require the voter to confirm his or her intent to undervote

27  before casting the ballot.

28         8.  The system must prevent the voter from overvoting

29  any race.

30         9.  The voter must be able to input a candidate's name

31  in each race that allows a write-in candidate.


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  1         10.  The voter must be able to review his or her

  2  write-in input to the interface, edit that input, and confirm

  3  that the edits meet the voter's intent.

  4         11.  There must be a clear, identifiable action that

  5  the voter takes to "cast" the ballot. The system must make

  6  clear to the voter how to take this action so that the voter

  7  has minimal risk of taking the action accidentally but, when

  8  the voter intends to cast the ballot, the action can be easily

  9  performed.

10         12.  Once the ballot is cast, the system must confirm

11  to the voter that the action has occurred and that the voter's

12  process of voting is complete.

13         13.  Once the ballot is cast, the system must preclude

14  the voter from modifying the ballot cast or voting or casting

15  another ballot.

16         (2)  Such voting system must include at least one

17  accessible voter interface device installed in each precinct

18  which meets the requirements of this section, except for

19  paragraph (1)(d).

20         (3)  The Department of State may adopt rules in

21  accordance with s. 120.54 which are necessary to administer

22  this section.

23         Section 13.  It is the intent of the Legislature that

24  this state be eligible for any funds that are available from

25  the Federal Government to assist states in providing or

26  improving accessibility of voting systems and polling places

27  for persons having a disability. Accordingly, all state laws,

28  rules, standards, and codes governing voting systems and

29  polling place accessibility must be maintained to ensure the

30  state's eligibility to receive federal funds. It is the intent

31  of the Legislature that all state requirements meet or exceed


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  1  the minimum federal requirements for voting systems and

  2  polling place accessibility. This section shall take effect

  3  upon this act becoming a law.

  4         Section 14.  Section 101.662, Florida Statutes, is

  5  created to read:

  6         101.662  Accessibility of absentee ballots.--It is the

  7  intent of the Legislature that voting by absentee ballot be by

  8  methods that are fully accessible to all voters, including

  9  voters having a disability. The Department of State shall work

10  with the supervisors of elections and the disability community

11  to develop and implement procedures and technologies, as

12  possible, which will include procedures for providing absentee

13  ballots, upon request, in alternative formats that will allow

14  all voters to cast a secret, independent, and verifiable

15  absentee ballot without the assistance of another person.

16         Section 15.  Effective July 1, 2004, subsection (2) of

17  section 101.71, Florida Statutes, as amended by section 25 of

18  chapter 2001-40, Laws of Florida, is amended to read:

19         101.71  Polling place.--

20         (2)  Notwithstanding the provisions of subsection (1),

21  whenever the supervisor of elections of any county determines

22  that the accommodations for holding any election at a polling

23  place designated for any precinct in the county are

24  unavailable, or are inadequate for the expeditious and

25  efficient housing and handling of voting and voting

26  paraphernalia, or do not comply with the requirements of s.

27  101.715, the supervisor shall may provide, not less than 30

28  days prior to the holding of an election, provide for that the

29  voting place for such precinct to shall be moved to another

30  site that is which shall be accessible to the public on

31  election day in said precinct or, if such is not available, to


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  1  another site that is which shall be accessible to the public

  2  on election day in a contiguous precinct.  If such action of

  3  the supervisor results in the voting place for two or more

  4  precincts being located for the purposes of an election in one

  5  building, the voting places for the several precincts involved

  6  shall be established and maintained separate from each other

  7  in said building. When any supervisor moves any polling place

  8  pursuant to this subsection, the supervisor shall, not more

  9  than 30 days or fewer than 7 days prior to the holding of an

10  election, give notice of the change of the polling place for

11  the precinct involved, with clear description of the voting

12  place to which changed, at least once in a newspaper of

13  general circulation in said county. A notice of the change of

14  the polling place involved shall be mailed, at least 14 days

15  prior to an election, to each registered elector or to each

16  household in which there is a registered elector.

17         Section 16.  Effective July 1, 2004, section 101.715,

18  Florida Statutes, is amended to read:

19         (Substantial rewording of section. See

20         s. 101.715, F.S., for present text.)

21         101.715  Accessibility of polling places for people

22  having a disability.--

23         (1)  All polling places must be accessible and usable

24  by people with disabilities, as provided in this section.

25         (2)  Only those polling places complying with the

26  Florida Americans With Disabilities Accessibility

27  Implementation Act, ss. 553.501-553.513, for all portions of

28  the polling place or the structure in which it is located that

29  voters traverse going to and from the polling place and during

30  the voting process, regardless of the age or function of the

31


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  1  building, shall be used for federal, state, and local

  2  elections.

  3         (3)  The selection of a polling site must ensure

  4  accessibility with respect to the following accessible

  5  elements, spaces, scope, and technical requirements:

  6  accessible route, space allowance and reach ranges, protruding

  7  objects, ground and floor surfaces, parking and passenger

  8  loading zones, curb ramps, ramps, stairs, elevators, platform

  9  lifts, doors, entrances, path of egress, controls and

10  operating mechanisms, signage, and all other minimum

11  requirements.

12         (4)  Standards required at each polling place,

13  regardless of the age of the building or function of the

14  building, include:

15         (a)  For polling places that provide parking spaces for

16  voters, one or more signed accessible parking spaces for

17  disabled persons.

18         (b)  Signage identifying an accessible path of travel

19  to the polling place if it differs from the primary route or

20  entrance.

21         (c)  An unobstructed path of travel to the polling

22  place.

23         (d)  Level, firm, stable, and slip-resistant surfaces.

24         (e)  An unobstructed area for voting.

25         (f)  Sufficient lighting along the accessible path of

26  travel and within the polling place.

27         (5)  The Department of State may adopt rules in

28  accordance with s. 120.54 which are necessary to administer

29  this section.

30         Section 17.  (1)  By September 1, 2003, each polling

31  place in a county should be surveyed by the supervisor of


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  1  elections of that county for the purpose of determining

  2  accessibility under the standards to be adopted pursuant to s.

  3  101.715, Florida Statutes, on July 1, 2004, using a survey

  4  developed by rule of the Department of State.

  5         (2)  The results of this survey shall be presented by

  6  the Division of Elections by December 1, 2003, to the

  7  Governor, the President of the Senate, and the Speaker of the

  8  House of Representatives. The report must note any polling

  9  places that will not meet the accessibility standards to be

10  adopted on July 1, 2004, and shall state the specific reasons

11  why those polling places may not be brought into compliance by

12  that date. For each polling place that may not be brought into

13  compliance by that date, the supervisor of elections must

14  certify that fact to the Division of Elections and shall be

15  granted a variance for that polling place until the primary

16  and general elections in 2006.

17         Section 18.  Effective November 30, 2002, subsection

18  (7) is added to section 102.014, Florida Statutes, to read:

19         102.014  Poll worker recruitment and training.--

20         (7)  The Department of State shall develop a mandatory,

21  statewide, and uniform program for training poll workers on

22  issues of etiquette and sensitivity with respect to voters

23  having a disability. The program must consist of approximately

24  1 hour of the required number of hours set forth in paragraph

25  (4)(a). The program must be conducted locally by each

26  supervisor of elections, who shall periodically certify to the

27  Department of State whether each poll worker has completed the

28  program. The supervisor of elections shall contract with a

29  recognized disability-related organization, such as a center

30  for independent living, family network on disabilities, deaf

31  service bureau, or other such organization, to develop and


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  1  assist with training the trainers in the disability

  2  sensitivity programs. The program must include actual

  3  demonstrations of obstacles confronted by disabled persons

  4  during the voting process, including obtaining access to the

  5  polling place, traveling through the polling area, and using

  6  the voting system.

  7         Section 19.  Section 104.20, Florida Statutes, is

  8  amended to read:

  9         104.20  Ballot not to be seen, and other offenses.--Any

10  elector who, except as provided by law, allows his or her

11  ballot to be seen by any person; takes or removes, or attempts

12  to take or remove, any ballot from the polling place before

13  the close of the polls; places any mark on his or her ballot

14  by which it may be identified; remains longer than the

15  specified time allowed by law in the booth or compartment

16  after having been notified that his or her time has expired;

17  endeavors to induce any elector to show how he or she voted;

18  aids or attempts to aid any elector unlawfully; or prints or

19  procures to be printed, or has in his or her possession, any

20  copies of any ballot prepared to be voted is guilty of a

21  misdemeanor of the first degree, punishable as provided in s.

22  775.082 or s. 775.083.

23         Section 20.  Paragraph (y) of subsection (1) of section

24  125.01, Florida Statutes, is amended to read:

25         125.01  Powers and duties.--

26         (1)  The legislative and governing body of a county

27  shall have the power to carry on county government.  To the

28  extent not inconsistent with general or special law, this

29  power includes, but is not restricted to, the power to:

30         (y)  Place questions or propositions on the ballot at

31  any primary election, general election, or otherwise called


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  1  special election, when agreed to by a majority vote of the

  2  total membership of the legislative and governing body, so as

  3  to obtain an expression of elector sentiment with respect to

  4  matters of substantial concern within the county.  No special

  5  election may be called for the purpose of conducting a straw

  6  ballot.  Any election costs, as defined in s. 97.021(10) s.

  7  97.021(9), associated with any ballot question or election

  8  called specifically at the request of a district or for the

  9  creation of a district shall be paid by the district either in

10  whole or in part as the case may warrant.

11         Section 21.  The State may apply for all available

12  federal funds to be used to pay for the costs associated with

13  this act.

14         Section 22.  Except as otherwise expressly provided in

15  this act, this act shall take effect one year after the

16  legislature adopts the general appropriations act specifically

17  appropriating to the Department of State, for distribution to

18  the counties, $8.7 million or such other amounts as it

19  determines and appropriates for the specific purpose of

20  funding this act.

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