Notice of Development of Rulemaking

DEPARTMENT OF STATE
Division of Elections
RULE NO.: RULE TITLE:
1S-2.004: Voting Machine Equipment Regulation/Purchase, Use and Sale
PURPOSE AND EFFECT: The rule has not been updated since 1986 to reflect current local and state-level procurement practices. Additionally, the current rule provides no guidance to other appropriate uses of the systems that would promote training, education and technological advances on or with certified voting systems. For example, the proposed revision establishes procedures or protocols for assessing a voting system during a routine test or system audit and for identifying potential or actual problems that require immediate resolution and assessing potential vulnerabilities to the integrity of voting systems. The rule revision reflects input from rule workshops conducted in 2004, 2006 and 2009 to elicit feedback in a substantial rewrite of the rule. If adopted, the rule revision will not need to be legislatively ratified to become effective.
SUBJECT AREA TO BE ADDRESSED: Procurement, Use and Assessment of Voting Systems.
RULEMAKING AUTHORITY: 20.10(3), 97.012(1) 101.293, 101.294 FS.
LAW IMPLEMENTED: 97.012(5), 101.015(7), 101.017, 101.292, 101.293, 101.294, 101.295, 101.5604, 101.5605(3)(b), 101.5605(4), 101.5607(1)(c), 101.58 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 25, 2011, 1:00 p.m.
PLACE: Room 307, R.A. Gray Building, Florida Department of State, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Eddie Phillips at 1(850)245-6536, elphillips@dos.state.fl.us. Any person needing special accommodations to participate in this proposed rule development workshop should contact: Florida Department of State, Eddie Phillips at 1(850)245-6536, elphillips@dos.state.fl.us. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: David Drury, Chief, Bureau of Voting System Certification, Division of Elections, Florida Department of State, R.A. Gray Building, Tallahassee, Florida 32399, (850)245-6200, e-mail at: drdrury@dos.state.fl.us or Maria Matthews, Assistant General Counsel, Florida Department of State, General Counsel’s Office, R.A. Gray Building, Tallahassee, Florida 32399, (850)245-6536, e-mail: mimatthews@dos.state.fl.us

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.