The Florida Senate

¹101.715  Accessibility of polling places to the elderly and physically handicapped.--

(1)  Each polling place shall be accessible to, and usable by, elderly persons and by physically handicapped persons by complying, when necessary, with the following standards of accessibility:

(a)  Doors, entrances, and exits used to gain access to, or egress from, the polling place shall have a minimum width of 29 inches.

(b)  Any curb adjacent to the main entrance to a polling place shall have curb cuts or temporary ramps.

(c)  Any stairs necessarily used to enter the polling place shall have a temporary handrail and ramp.

(d)  At the polling place, no barrier shall impede the path of the physically handicapped to the voting booth.

(2)  Polling places which are of a temporary nature are exempt from compliance with s. 255.21

(3)  Each supervisor of elections shall only select as polling places, sites which meet the standards of accessibility prescribed in subsection (1), except that the supervisor may select a site not meeting the standards if:

(a)  No acceptable and accessible site exists within the precinct or other designated voting area; and

(b)  It is anticipated that the site will be brought into compliance with such standards in the foreseeable future, or the site will be temporarily made to comply with the standards for the time during which the polls are open.

(4)  Any supervisor of elections who selects as a polling place a site which does not meet the standards prescribed in subsection (1) shall report such selection to the board of county commissioners. The report shall expressly state that the supervisor has determined that such polling place can be made accessible to, and usable by, elderly persons and by physically handicapped persons in the foreseeable future by affirmative governmental action.

(5)  Each board of county commissioners which receives a report from a supervisor pursuant to subsection (4) shall take affirmative action to bring the selected polling place into compliance with the standards prescribed in subsection (1).

(6)  Each district school board and each municipality shall cooperate with the board of county commissioners in its respective county in implementing the provisions of this section.

History.--s. 1, ch. 76-50; s. 16, ch. 2002-281.

¹Note.--

A.  Section 16, ch. 2002-281, amended s. 101.715, effective July 1, 2004, to read:

101.715  Accessibility of polling places for people having a disability.--

(1)  All polling places must be accessible and usable by people with disabilities, as provided in this section.

(2)  Only those polling places complying with the Florida Americans With Disabilities Accessibility Implementation Act, ss. 553.501-553.513, for all portions of the polling place or the structure in which it is located that voters traverse going to and from the polling place and during the voting process, regardless of the age or function of the building, shall be used for federal, state, and local elections.

(3)  The selection of a polling site must ensure accessibility with respect to the following accessible elements, spaces, scope, and technical requirements: accessible route, space allowance and reach ranges, protruding objects, ground and floor surfaces, parking and passenger loading zones, curb ramps, ramps, stairs, elevators, platform lifts, doors, entrances, path of egress, controls and operating mechanisms, signage, and all other minimum requirements.

(4)  Standards required at each polling place, regardless of the age of the building or function of the building, include:

(a)  For polling places that provide parking spaces for voters, one or more signed accessible parking spaces for disabled persons.

(b)  Signage identifying an accessible path of travel to the polling place if it differs from the primary route or entrance.

(c)  An unobstructed path of travel to the polling place.

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

(e)  An unobstructed area for voting.

(f)  Sufficient lighting along the accessible path of travel and within the polling place.

(5)  The Department of State may adopt rules in accordance with s. 120.54 which are necessary to administer this section.

B.  Section 17, ch. 2002-281, provides that:

"(1)  By September 1, 2003, each polling place in a county should be surveyed by the supervisor of elections of that county for the purpose of determining accessibility under the standards to be adopted pursuant to s. 101.715, Florida Statutes, on July 1, 2004, using a survey developed by rule of the Department of State.

"(2)  The results of this survey shall be presented by the Division of Elections by December 1, 2003, to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The report must note any polling places that will not meet the accessibility standards to be adopted on July 1, 2004, and shall state the specific reasons why those polling places may not be brought into compliance by that date. For each polling place that may not be brought into compliance by that date, the supervisor of elections must certify that fact to the Division of Elections and shall be granted a variance for that polling place until the primary and general elections in 2006."