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Florida Statute 101.56062 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
101.56062 Standards for accessible voting systems.
(1) Notwithstanding anything in this chapter to the contrary, each voting system certified by the Department of State for use in local, state, and federal elections must include the capability to install accessible voter interface devices in the system configuration which will allow the system to meet the following minimum standards:
(a) The voting system must provide a tactile input or audio input device, or both.
(b) The voting system must provide a method by which voters can confirm any tactile or audio input by having the capability of audio output using synthetic or recorded human speech that is reasonably phonetically accurate.
(c) Any operable controls on the input device which are needed for voters who are visually impaired must be discernible tactilely without actuating the keys.
(d) Audio and visual access approaches must be able to work both separately and simultaneously.
(e) If a nonaudio access approach is provided, the system may not require color perception. The system must use black text or graphics, or both, on white background or white text or graphics, or both, on black background, unless the office of the Secretary of State approves other high-contrast color combinations that do not require color perception.
(f) Any voting system that requires any visual perception must offer the election official who programs the system, prior to its being sent to the polling place, the capability to set the font size, as it appears to the voter, from a minimum of 14 points to a maximum of 24 points.
(g) The voting system must provide audio information, including any audio output using synthetic or recorded human speech or any auditory feedback tones that are important for the use of the audio approach, through at least one mode, by handset or headset, in enhanced auditory fashion (increased amplification), and must provide incremental volume control with output amplification up to a level of at least 97 dB SPL.
(h) For transmitted voice signals to the voter, the voting system must provide a gain adjustable up to a minimum of 20 dB with at least one intermediate step of 12 dB of gain.
(i) For the safety of others, if the voting system has the possibility of exceeding 120 dB SPL, then a mechanism must be included to reset the volume automatically to the voting system’s default volume level after every use, for example when the handset is replaced, but not before. Also, universal precautions in the use and sharing of headsets should be followed.
(j) If sound cues and audible information such as “beeps” are used, there must be simultaneous corresponding visual cues and information.
(k) Controls and operable mechanisms must be operable with one hand, including operability with a closed fist, and operable without tight grasping, pinching, or twisting of the wrist.
(l) The force required to operate or activate the controls must be no greater than 5 pounds of force.
(m) Voting booths must have voting controls at a minimum height of 36 inches above the finished floor with a minimum knee clearance of 27 inches high, 30 inches wide, and 19 inches deep, or the accessible voter interface devices must be designed so as to allow their use on top of a table to meet these requirements. Tabletop installations must include adequate privacy.
(n) Any audio ballot must provide the voter with the following functionalities:
1. After the initial instructions that the system requires election officials to provide to each voter, the voter should be able to independently operate the voter interface through the final step of casting a ballot without assistance.
2. The voter must be able to determine the races that he or she is allowed to vote in and to determine which candidates are available in each race.
3. The voter must be able to determine how many candidates may be selected in each race.
4. The voter must be able to have confidence that the physical or vocal inputs given to the system have selected the candidates that he or she intended to select.
5. The voter must be able to review the candidate selections that he or she has made.
6. Prior to the act of casting the ballot, the voter must be able to change any selections previously made and confirm a new selection.
7. The system must communicate to the voter the fact that the voter has failed to vote in a race or has failed to vote the number of allowable candidates in any race and require the voter to confirm his or her intent to undervote before casting the ballot.
8. The system must prevent the voter from overvoting any race.
9. The voter must be able to input a candidate’s name in each race that allows a write-in candidate.
10. The voter must be able to review his or her write-in input to the interface, edit that input, and confirm that the edits meet the voter’s intent.
11. There must be a clear, identifiable action that the voter takes to “cast” the ballot. The system must make clear to the voter how to take this action so that the voter has minimal risk of taking the action accidentally but, when the voter intends to cast the ballot, the action can be easily performed.
12. Once the ballot is cast, the system must confirm to the voter that the action has occurred and that the voter’s process of voting is complete.
13. Once the ballot is cast, the system must preclude the voter from modifying the ballot cast or voting or casting another ballot.

The functionalities required in this paragraph for certification may be satisfied by either the voting device or by the entire voting system.

(2) Such voting system must include at least one accessible voter interface device installed in each polling place which meets the requirements of this section, except for paragraph (1)(d).
History.s. 12, ch. 2002-281; s. 34, ch. 2005-278; s. 1, ch. 2006-111; s. 27, ch. 2012-116.

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Amendments to 101.56062


Annotations, Discussions, Cases:

Cases Citing Statute 101.56062

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Am. Ass'n of People With Disabilities v. Hood, 278 F. Supp. 2d 1337 (M.D. Fla. 2003).

Cited 24 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 19826, 2003 WL 22025923

...Florida Legislature amended Section 101.051. Perhaps the most compelling evidence that the Florida Legislature has tacitly interpreted Article VI, Section 1 to permit the assistance provided by Section 101.051 is the fact that the Legislature passed Section 101.56062....
...The bill culminating in the passage of said legislation was sponsored by the Task Force's co-chairmen after the completion of the Task Force's work. Despite the Task Force's apparent conclusion that Article VI, Section 1 provides for unassisted voting, Section 101.56062 does not take effect until "one year after the legislature adopts the general appropriations act specifically appropriating" money to fund its requirements, 2002 Fla....
...s. Thus, it appears that the Legislature has not construed Article VI, Section 1 to require unassisted voting, because if the Legislature understood Article VI, Section 1 as mandating unassisted voting, surely the Legislature would have provided for Section 101.56062 to take effect immediately rather than it being contingent upon the vagaries of future funding. Given that conclusion, it appears that, in passing Section 101.56062, the Legislature has passed a law providing for rights greater than that which is guaranteed by the Florida Constitution, such law to become effective one year after the Legislature funds the initiative....
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Am. Ass'n of People With Disab. v. Harris, 605 F.3d 1124 (11th Cir. 2010).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit

...disabled voter accessibility, the 2002 Florida legislature had promulgated standards for voting equipment—including standards designed to solve the accessibility problem. The Department of State would certify equipment that met such statutory standards. Fla. Stat. § 101.56062; see also Electronic Voting Systems Act, 2002 Fla....
...§§ 101.5601–.5614). Among other features, voting systems would be required to include a tactile or audio input device (or both), a method by which voters could confirm tactile or audio inputs, operable controls discernible by the visually impaired, and specific functions for audio ballots. Fla. Stat. § 101.56062. As with H.B. 1350, county compliance with § 101.56062 was required one year after the Florida legislature appropriated funding....
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Am. Ass'n of People With Disabil. v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002).

Cited 3 times | Published | District Court, M.D. Florida

...Thus, Defendants Smith and Kast are not instrumentalities of local government. Since Plaintiffs made no other allegations regarding the receipt of federal financial assistance, Count Three is due to be dismissed with leave to amend as to Defendants Smith and Kast. 1. Recent Amendment of Florida Election Code, Creating Section 101.56062 Notwithstanding the above discussion, the Court notes that, although not brought to the Court's attention by the parties, the 2002 Florida Legislature has recently enacted new legislation concerning voting and voting systems. See 2002 Fla. Sess. Laws Serv. ch. 2002-281 (West). It is not clear whether this new legislation, Florida Laws 2002-281, which, inter alia, created Section 101.56062, [23] would satisfy or ameliorate the Plaintiffs' concerns which *1295 prompted the assertion of their ADA and Rehabilitation Act claims....
...ederal financial assistance. As discussed above, in light of the definition of a "program or activity" set forth in Section 794(b), Plaintiff has adequately alleged that Defendants Stafford and the Council received federal financial assistance. [23] Section 101.56062 provides: (1) Notwithstanding anything in this chapter to the contrary, each voting system certified by the Department of State for use in local, state, and federal elections must include the capability to install accessible voter i...
...2002-281 (West) ( notations reflecting added and removed language omitted). [24] The Court notes that the new Florida legislation would not affect the Court's ruling as to Count Two (the Florida constitutional claim). Assuming that the standards for the interface devices set forth in Section 101.56062 will allow visually and manually impaired voters to vote without assistance, Section 101.56062 does not alter the presumption (previously referred to herein) that the Legislature has interpreted the "direct and secret" language as being satisfied by the assistance provided by Section 101.051....
...As noted above, at the time the language at issue was added to the Constitution, a previous version of Section 101.051 provided assistance to disabled voters. In addition, legislative enactments more contemporaneous with the adoption of the "direct and secret" language than Section 101.56062 provided assistance to disabled voters without also providing a method for disabled voters to vote without assistance. Consequently, the interpretation of Article VI, Section 1 indicated by these previous, more contemporaneous legislative enactments are presumed to be correct, and Section 101.56062 cannot reasonably be interpreted as changing the meaning of Article VI, Section 1....
...was enacted as Florida Laws 2002-281, to Article VI, Section 1 or to the requirement that elections be by "direct and secret" vote. See Senate Staff Analysis and Economic Impact Statement, S.B. 1350, 2002 Leg., Reg. Sess. (Fla.2002). It appears that Section 101.56062 simply provides broader rights than those required by Article VI, Section 1....
...228, 231 (1926) (holding that legislative authority is only limited by the state and federal constitutions). This interpretation is supported by the fact that the Legislature has not required that all voting systems used meet the standards provided in Section 101.56062....
...have taken action to more fully provide for this right. If, however, the Legislature is merely providing a broader right by statute than is required by the Constitution, then only requiring newly certified voting systems to meet the requirements of Section 101.56062 would not be an inappropriate way to provide for this right.
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Am. Ass'n of People with Disabilities v. Smith, 227 F. Supp. 2d 1276 (M.D. Fla. 2002).

Cited 1 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 21373, 2002 WL 31375631

...Thus, Defendants Smith and Kast are not instrumentalities of local government. Since Plaintiffs made no other allegations regarding the receipt of federal financial assistance, Count Three is due to be dismissed with leave to amend as to Defendants Smith and Kast. 1. Recent Amendment of Florida Election Code, Creating Section 101.56062 Notwithstanding the above discussion, the Court notes that, although not brought to the Court’s attention by the parties, the 2002 Florida Legislature has recently enacted new legislation concerning voting and voting systems. See 2002 Fla. Sess. Laws Serv. ch. 2002-281 (West). It is not clear whether this new legislation, Florida Laws 2002-281, which, inter alia, created Section 101.56062, 23 would satisfy or ameliorate the Plaintiffs’ concerns which *1295 prompted the assertion of their ADA and Rehabilitation Act claims....
...federal financial assistance. As discussed above, in light of the definition of a "program or activity” set forth in Section 794(b), Plaintiff has adequately alleged that Defendants Stafford and the Council received federal financial assistance. . Section 101.56062 provides: (1) Notwithstanding anything in this chapter to the contrary, each voting system certified by the Department of State for use in local, state, and federal elections must include the capability to install accessible voter i...
...2002-281 (West) ( notations reflecting added and removed language omitted). . The Court notes that the new Florida legislation would not affect the Court’s ruling as to *1296 Count Two (the Florida constitutional claim). Assuming that the standards for the interface devices set forth in Section 101.56062 will allow visually and manually impaired voters to vote without assistance, Section 101.56062 does not alter the presumption (previously referred to herein) that the Legislature has interpreted the "direct and secret" language as being satisfied by the assistance provided by Section 101.051....
...As noted above, at the time the language at issue was added to the Constitution, a previous version of Section 101.051 provided assistance to disabled voters. In addition, legislative enactments more contemporaneous with the adoption of the "direct and secret" language than Section 101.56062 provided assistance to disabled voters without also providing a method for disabled voters to vote without assistance. Consequently, the interpretation of Article VI, Section 1 indicated by these previous, more contemporaneous legislative enactments are presumed to be correct, and Section 101.56062 cannot reasonably be interpreted as changing the meaning of Article VI, Section 1....
...enacted as Florida Laws 2002-281, to Article VI, Section 1 or to the requirement that elections be by “direct and secret” vote. See Senate Staff Analysis and Economic Impact Statement, S.B. 1350, 2002 Leg., Reg. Sess. (Fla.2002). It appears that Section 101.56062 simply provides broader rights than those required by Article VI, Section 1....
...228, 231 (1926) (holding that legislative authority is only limited by the state and federal constitutions). This interpretation is supported by the fact that the Legislature has not required that all voting systems used meet the standards provided in Section 101.56062....
...have taken action to more fully provide for this right. If, however, the Legislature is merely providing a broader right by statute than is required by the Constitution, then only requiring newly certified voting systems to meet the requirements of Section 101.56062 would not be an inappropriate way to provide for this right.
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Am. Ass'n of People With Disabilities Ex Rel. O'Connor v. Harris, 605 F.3d 1124 (11th Cir. 2010).

Published | Court of Appeals for the Eleventh Circuit | 2010 U.S. App. LEXIS 9615

...disabled voter accessibility, the 2002 Florida legislature had promulgated standards for voting equipment—including standards designed to solve the accessibility problem. The Department of State would certify equipment that met such statutory standards. Fla. Stat. § 101.56062; see also Electronic Voting Systems Act, 2002 Fla....
...§§ 101.5601–.5614). Among other features, voting systems would be required to include a tactile or audio input device (or both), a method by which voters could confirm tactile or audio inputs, operable controls discernible by the visually impaired, and specific functions for audio ballots. Fla. Stat. § 101.56062. As with H.B. 1350, county compliance with § 101.56062 was required one year after the Florida legislature appropriated funding....

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