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Florida Statute 101.56062 | Lawyer Caselaw & Research
F.S. 101.56062 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 101
VOTING METHODS AND PROCEDURE
View Entire Chapter
F.S. 101.56062
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.

F.S. 101.56062 on Google Scholar

F.S. 101.56062 on Casetext

Amendments to 101.56062


Arrestable Offenses / Crimes under Fla. Stat. 101.56062
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 101.56062.



Annotations, Discussions, Cases:

Cases from cite.case.law:

AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES, W. O v. HARRIS,, 605 F.3d 1124 (11th Cir. 2010)

. . . . § 101.56062; see also Electronic Voting Systems Act, 2002 Fla. Sess. . . . Stat. § 101.56062. . . . As with H.B. 1350, county compliance with § 101.56062 was required one year after the Florida legislature . . .

AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES W. O v. E. HOOD, C., 278 F. Supp. 2d 1337 (M.D. Fla. 2003)

. . . to permit the assistance provided by Section 101.051 is the fact that the Legislature passed Section 101.56062 . . . Task Force’s apparent conclusion that Article VI, Section 1 provides for unassisted voting, Section 101.56062 . . . VI, Section 1 as mandating unassisted voting, surely the Legislature would have provided for Section 101.56062 . . . Given that conclusion, it appears that, in passing Section 101.56062, the Legislature has passed a law . . .

AMERICAN ASSOCIATION OF PEOPLE WITH DISABILITIES W. O v. SMITH, C. D. III, A., 227 F. Supp. 2d 1276 (M.D. Fla. 2002)

. . . Recent Amendment of Florida Election Code, Creating Section 101.56062 Notwithstanding the above discussion . . . Section 101.56062 provides: (1) Notwithstanding anything in this chapter to the contrary, each voting . . . 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 . . . It appears that Section 101.56062 simply provides broader rights than those required by Article VI, Section . . .