Florida Accessibility Laws
The State of Florida created the Florida Accessibility Code for Building Construction (FACBC). The FACBC was established by Florida law, Part II, Chapter 553, Florida Statutes, (sections 553.501 - 553.513, Florida Statutes). The law was amended in 2011 and its resulting requirements are integrated into code. The revisions are established by chapter 2011-222, Laws of Florida. The Florida Building Commission may waive Florida specific requirements of this code, but it does not waive requirements of this code to standards below the federal ADA standards, on which it is based.
The US Department of Justice (DOJ) certified that the FACBC is substantially equivalent to the Americans with Disabilities Act (ADA) Standards so compliance with the Code provides presumption of compliance with the ADA Standards.
The following is a list of the most significant revisions of the ADA by the State of Florida FACBC. This article does not contain all of the revisions within the FACBC.
201.1.1, Vertical accessibility. “All new and altered areas must comply with the ADA Standards for Accessible Design including requirements for accessible routes. Where the ADA Standards do not require an accessible route to each and every level the Florida requirement may be waived down to the requirement of the ADA Standards.” In other words, Florida vertical accessibility requires all levels in all new buildings, structures and facilities and all altered areas of existing buildings, structures and facilities to be accessible to persons with disabilities.
202.3.3, Barriers at Common or Emergency Entrances and Exists. “Barriers at common or emergency entrances and exits of business establishments conducting business with the general public that are existing, under construction, or under contract for construction which would prevent a person from using such entrances or exits shall be removed.” This is an addition to the 2010 ADA that requires entrances to be clear of barriers even during construction or even just under contract for construction.
208.3.1, [Parking] General. “All [accessible parking] spaces must be located on an accessible route that is at least 44 inches (1118 mm) wide and so that users are not compelled to walk or wheel behind parked vehicles except behind his or her own vehicle. If there are multiple entrances for multiple retail stores the parking spaces must be dispersed to provide parking at the nearest accessible entrance.” In other words, accessible routes from accessible parking to accessible entrances are required to be 44 inches wide minimum, and Florida law adds dispersion requirements for accessible parking where multiple parking areas are provided and for multiple entrances for multiple retail stores. Exceptions are established for the Florida specific requirements only for theme parks and entertainment complexes.
404.2.9, Door and Gate Opening Force. “Exterior hinged doors shall be designed so that such doors can be pushed or pulled open with a force not exceeding 8.5 pounds (37.8 N).” Exterior doors do not have a limitation for door force to open in the ADA.
406.8 Detectable Warnings. “Curb ramps subject to Department of Transportation regulation 49 CFR 37.21 shall have a detectable warning complying with 705. The detectable warning shall extend the full width of the curb ramp (exclusive of flared sides) and shall extend either the full depth of the curb ramp or 24 inches (610 mm) deep minimum measured from the back of the curb on the ramp surface.” The 2010 ADA Standard does not have a requirement for detectable warnings at this time. But FACBC does with this Standard for curb ramps only.
502.2 [Parking] Vehicle Spaces. “Each parking space must be at least 12 feet (3658 mm) wide shall be marked to define the width, and shall have an adjacent access aisle complying with 502.3. See section 406.5 curb ramp location.” Since all accessible parking spaces will be 144 inches wide, parking space and access aisle configurations required for all accessible parking by Florida law, s.553.5041, F.S., meet the van accessible space requirements of the 2010 ADA Standards for Accessible Design. Therefore, no accessible space is more suitable than any other accessible space for “van accessible” parking, so there is no need for Van Accessible parking spaces in Florida. There are some exceptions for parallel parking, theme park parking, and where van parking may be limited to the first level accessible spaces in parking structures.
502.3 [Parking] Access Aisle. “Access aisles serving parking spaces shall comply with 502.3. Access aisles shall adjoin an accessible route. Two parking spaces shall be permitted to share a common access aisle. Parking access aisles must be part of an accessible route to the building or facility entrance. Access aisles must be placed adjacent to accessible parking spaces. All spaces must be located on an accessible route that is at least 44 inches (1118 mm) wide so that users are not compelled to walk or wheel behind parked vehicles except behind his or her own vehicle. Exception: Access aisles are not required for on-street parallel parking.” In other words, Florida law requires placement of accessible routes such that persons with disabilities are not compelled to walk or wheel behind parked vehicles other than their own vehicle. Florida law allows on-street accessible parking to not have an access aisle. The 44 inch wide accessible route applies only to the route between accessible parking and an accessible entrance. Other accessible routes can be 36 inches wide.
502.3.3 [Parking, Access Aisle] Marking. “Access aisles shall be marked so as to discourage parking in them. The access aisle must be striped diagonally to designate it as a no-parking zone.” The specific requirement for diagonal parking is not found in the ADA.
502.6.1 [Parking] Identification. “Each such parking space must be striped in a manner that is consistent with the standards of the controlling jurisdiction for other spaces and prominently outlined with blue paint, and must be repainted when necessary, to be clearly distinguishable as a parking space designated for persons who have disabilities. The space must be posted with a permanent above-grade sign of a color and design approved by the Department of Transportation, which is placed on or at least 60 inches (1525 mm) above the finished floor or ground surface measured to the bottom of the sign and which bears the international symbol of accessibility the caption "PARKING BY DISABLED PERMIT ONLY." Such a sign, erected after October 1, 1996, must indicate the penalty for illegal use of the space.” In other words, accessible parking in Florida is identified by blue surface lines and vertical signage. Florida accessible parking signs must include indication of the penalty for illegal parking in addition to the accessible parking symbol required by the ADA Standards for Accessible Design.
604.8.1.6 Lavatory. “In new construction, the wheelchair accessible toilet compartment shall contain an accessible lavatory within it, which must be at least 19 inches wide by 17 inches deep, nominal size, and wall-mounted. The lavatory shall be mounted so as not to overlap the clear floor space areas required by section 604 for the wheelchair accessible toilet compartment and shall comply with section 606. Such lavatories shall be counted as part of the required fixture count for the building.” In other words, all wheelchair accessible toilet stalls must have an accessible lavatory (sink) inside the stall.
604.8.1.7 Water closet. “In new construction, the accessible water closet [toilet] within the wheelchair accessible compartment shall be located in the corner, diagonal to the door.” In other words, Florida law stipulates that required bathing rooms and toilet rooms in new construction shall be designed and constructed with an accessible lavatory in the wheelchair accessible compartment and the water closet located in a corner diagonal to the door. This requirement is not found in the 2010 ADA. While the Florida lavatory requirement and water closet placement apply only to new construction they are desirable for all wheelchair accessible compartments and should be considered where feasible.
806.4 Hotel, Motel and Condominium Special Accessibility Features. “This section [Transient Lodging Guest Rooms] does not relieve the owner of the responsibility of providing accessible rooms in conformance with Section 224 and 806 of this code. In all buildings, structures and facilities licensed as a hotel, motel or resort condominium pursuant to Chapter 509, F.S., a number of rooms equaling at least 5 percent of the guest rooms minus the Total Number of Required (accessible) Rooms required by Table 224.2 shall provide the following additional special accessibility features:
1. Grab rails in bathrooms and toilet rooms which comply with Section 604.5.
2. All beds in designed accessible guest rooms shall be open-frame type that allows the passage of lift devices.
3. Water closets that comply with section 604.4.”
SUMMARY: The FACBC augments the ADA for the State of Florida accessibility requirements. The DOJ has certified the FACBC to be substantially equivalent to the ADA, and therefore enforceable. The FACBC can be waived back to the ADA by the Florida Building Commission.
Revised 05/2022.
