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Excerpts from 413.08 Rights of physically disabled persons; use
of dog guides or service dogs or nonhuman primates of the genus Cebus; discrimination in public employment or
housing accommodations; penalties.-- (1)(a) The deaf,
hard of hearing, blind, visually handicapped, and otherwise physically disabled
are entitled to full and equal accommodations, advantages, facilities, and
privileges on all common carriers, airplanes, motor vehicles, railroad trains,
motor buses, streetcars, boats, and other public conveyances or modes of
transportation and at hotels, lodging places, places of public accommodation,
amusement, or resort, and other places to which the general public is invited,
subject only to the conditions and limitations established by law and
applicable alike to all persons. This section does not require any person,
firm, or corporation, or any agent thereof, to modify or provide any vehicle,
premises, facility, or service to a higher degree of accommodation than is
required for a person not so disabled. (b) Every deaf
or hard of hearing person, totally or partially blind person, person who is
subject to epilepsy or other such seizure disorders, or physically disabled
person has the right to be accompanied by a dog guide or service dog, specially
trained for the purpose, in any of the places listed in paragraph (a) without
being required to pay an extra charge for the dog guide or service dog;
however, such a person is liable for any damage done to the premises or
facilities by such a dog. The dog guide or service dog must be capable of being
properly identified as being from a recognized school for seeing-eye dogs,
hearing-ear dogs, service dogs, including, but not limited to, seizure-alert
and seizure-response dogs, or guide dogs. (c) Every person
with paraplegia or quadriplegia has the right to be accompanied by a nonhuman
primate of the genus Cebus, specially trained
for the purpose of providing personal care services, in any of the places
listed in paragraph (a) without being required to pay an extra charge for the
nonhuman primate; however, such a person is liable for any damage done to the
premises or facilities by such nonhuman primate. (2) Any person,
firm, or corporation, or the agent of any person, firm, or corporation, who
denies or interferes with admittance to, or enjoyment of, the public facilities
enumerated in subsection (1) or otherwise interferes with the rights of a deaf
person, a hard of hearing person, a totally or partially blind person, a person
who is subject to epilepsy or other such seizure disorders, or an otherwise
physically disabled person under this section, or the trainer of a dog guide or
service dog while engaged in the training of such a dog pursuant to subsection
(7), is guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082
or s. 775.083.
(3) It is the
policy of this state that the deaf, hard of hearing, blind, visually
handicapped, and otherwise physically disabled shall be employed in the service
of the state or political subdivisions of the state, in the public schools, and
in all other employment supported in whole or in part by public funds, and an
employer may not refuse employment to the deaf, the hard of hearing, the blind,
the visually handicapped, or the otherwise physically disabled on the basis of
the disability alone, unless it is shown that the particular disability
prevents the satisfactory performance of the work involved. (4) Deaf
persons, hard of hearing persons, blind persons, visually handicapped persons,
and otherwise physically disabled persons are entitled to rent, lease, or
purchase, as other members of the general public, any housing accommodations
offered for rent, lease, or other compensation in this state, subject to the
conditions and limitations established by law and applicable alike to all
persons. (a) As used in
this subsection, the term "housing accommodations" means any real
property or portion thereof which is used or occupied, or intended, arranged,
or designed to be used or occupied, as the home, residence, or sleeping place
of one or more human beings, but does not include any single-family residence
the occupants of which rent, lease, or furnish for compensation not more than
one room therein. (b) This section
does not require any person renting, leasing, or otherwise providing real
property for compensation to modify her or his property in any way or provide a
higher degree of care for a deaf person, hard of hearing person, blind person,
visually handicapped person, or otherwise physically disabled person than for a
person who is not so handicapped. (c) Each deaf
person, hard of hearing person, totally or partially blind person, or otherwise
physically disabled person who has a dog guide, or who obtains a dog guide, is
entitled to full and equal access to all housing accommodations provided for in
this section, and such a person shall not be required to pay extra compensation
for the dog guide. However, such a person is liable for any damage done to the
premises by such a dog guide. (d) Each person
with paraplegia or quadriplegia who has or obtains a nonhuman primate of the
genus Cebus, specially trained for the purpose
of providing personal care services, is entitled to full and equal access to
all housing accommodations provided for in this section, and she or he shall
not be required to pay extra compensation for such a nonhuman primate. However,
the person is liable for any damage done to the premises by such a nonhuman
primate. (5) Any employer
covered under subsection (3) who discriminates against the deaf, hard of
hearing, blind, visually handicapped, or otherwise physically disabled in
employment, unless it is shown that the particular disability prevents the
satisfactory performance of the work involved, or any person, firm, or
corporation, or the agent of any person, firm, or corporation, providing
housing accommodations as provided in subsection (4) who discriminates against
the deaf, hard of hearing, blind, visually handicapped, or otherwise physically
disabled is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082
or s. 775.083.
(6)(a) As used
in this section, the term "physically disabled person" means any
person who has a physical impairment that substantially limits one or more
major life activities. (b) As used in
this section, the term "hard of hearing person" means an individual
who has suffered a permanent hearing impairment that is severe enough to
necessitate the use of amplification devices to discriminate speech sounds in
verbal communication. (7) Any trainer
of a dog guide or service dog, while engaged in the training of such a dog, has
the same rights and privileges with respect to access to public facilities and
the same liability for damage as is provided for those persons described in
paragraph (1)(b) accompanied by dog guides or service dogs. (8) Any trainer
of a nonhuman primate of the genus Cebus,
while engaged in training such a nonhuman primate to provide personal care
services to a person with paraplegia or quadriplegia, has the same rights and
privileges with respect to access to public facilities and the same liability
for damage as is provided for a person with paraplegia or quadriplegia who is
accompanied by nonhuman primates of the genus Cebus.
As used in this subsection, the term "trainer of a nonhuman primate of the
genus Cebus" means a paid employee of a
training organization, and does not include volunteers chosen to raise the
animals. ---------- 553.5041 Parking spaces for persons who have
disabilities.-- (1) This section
is not intended to expand or diminish the defenses available to a place of
public accommodation under the Americans with Disabilities Act and the federal
Americans with Disabilities Act Accessibility Guidelines, including, but not
limited to, the readily achievable standard, and the standards applicable to
alterations to places of public accommodation. Subject to the exceptions
described in subsections (2), (4), (5), and (6), when the parking and loading
zone requirements of the federal Americans with Disabilities Act Accessibility
Guidelines (ADAAG), as adopted by reference in 28 C.F.R. part 36, subparts A
and D, and Title II of Pub. L. No. 101-336, provide increased accessibility,
those requirements are adopted and incorporated by reference as the law of this
state. (2) State
agencies and political subdivisions having jurisdiction over street parking or
publicly owned or operated parking facilities are not required to provide a
greater right-of-way width than would otherwise be planned under regulations,
guidelines, or practices normally applied to new development. (3) If parking
spaces are provided for self-parking by employees or visitors, or both,
accessible spaces shall be provided in each such parking area. Such spaces
shall be designed and marked for the exclusive use of those individuals who
have a severe physical disability and have permanent or temporary mobility
problems that substantially impair their ability to ambulate and who have been
issued either a disabled parking permit under s. 316.1958
or s. 320.0848
or a license plate under s. 320.084,
s. 320.0842,
s. 320.0843,
or s. 320.0845.
(4) The number
of accessible parking spaces must comply with the parking requirements in ADAAG
s. 4.1 and the following: (a) There must
be one accessible parking space in the immediate vicinity of a publicly owned
or leased building that houses a governmental entity or a political
subdivision, including, but not limited to, state office buildings and
courthouses, if no parking for the public is provided on the premises of the building.
(b) There must
be one accessible parking space for each 150 metered on-street parking spaces
provided by state agencies and political subdivisions. (c) The number
of parking spaces for persons who have disabilities must be increased on the
basis of demonstrated and documented need. (5) Accessible
perpendicular and diagonal accessible parking spaces and loading zones must be
designed and located in conformance with the guidelines set forth in ADAAG ss. 4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal
Parking Design." (a) All spaces
must be located on an accessible route no less than 44 inches wide so that
users will not be compelled to walk or wheel behind parked vehicles. (b) Each space
must be located on the shortest safely accessible route from the parking space
to an accessible entrance. If there are multiple entrances or multiple retail
stores, the parking spaces must be dispersed to provide parking at the nearest
accessible entrance. If a theme park or an entertainment complex as defined in
s. 509.013(9)
provides parking in several lots or areas from which access to the theme park
or entertainment complex is provided, a single lot or area may be designated
for parking by persons who have disabilities, if the lot or area is located on
the shortest safely accessible route to an accessible entrance to the theme
park or entertainment complex or to transportation to such an accessible
entrance. (c)1. Each
parking space must be no less than 12 feet wide. Parking access aisles must be
no less than 5 feet wide and must be part of an accessible route to the
building or facility entrance. In accordance with ADAAG s. 4.6.3, access aisles
must be placed adjacent to accessible parking spaces; however, two accessible
parking spaces may share a common access aisle. The access aisle must be
striped diagonally to designate it as a no-parking zone. 2. The parking
access aisles are reserved for the temporary exclusive use of persons who have
disabled parking permits and who require extra space to deploy a mobility
device, lift, or ramp in order to exit from or enter a vehicle. Parking is not
allowed in an access aisle. Violators are subject to the same penalties that
are imposed for illegally parking in parking spaces that are designated for
persons who have disabilities. A vehicle may not be parked in an access aisle,
even if the vehicle owner or passenger is disabled or owns a disabled parking
permit. 3. Any provision
of this subsection to the contrary notwithstanding, a theme park or an
entertainment complex as defined in s. 509.013(9)
in which are provided continuous attendant services for directing individuals
to marked accessible parking spaces or designated lots for parking by persons
who have disabilities, may, in lieu of the required parking space design, provide
parking spaces that comply with ADAAG ss. 4.1 and
4.6. (d) On-street
parallel parking spaces must be located either at the beginning or end of a
block or adjacent to alley entrances. Such spaces must be designed in
conformance with the guidelines set forth in ADAAG ss.
4.6.2 through 4.6.5, exception: access aisles are not required. Curbs adjacent
to such spaces must be of a height that will not interfere with the opening and
closing of motor vehicle doors. This subsection does not relieve the owner of the
responsibility to comply with the parking requirements of ADAAG ss. 4.1 and 4.6. (e) Parallel
parking spaces must be even with surface slopes, may match the grade of the
adjacent travel lane, and must not exceed a cross slope of 1 to 50, where
feasible. (f) Curb ramps
must be located outside of the disabled parking spaces and access aisles. (g)1. The
removal of architectural barriers from a parking facility in accordance with 28
C.F.R. s. 36.304 or with s. 553.508
must comply with this section unless compliance would cause the barrier removal
not to be readily achievable. If compliance would cause the barrier removal not
to be readily achievable, a facility may provide parking spaces at alternative
locations for persons who have disabilities and provide appropriate signage
directing persons who have disabilities to the alternative parking if readily
achievable. The facility may not reduce the required number or dimensions of
those spaces, nor may it unreasonably increase the length of the accessible
route from a parking space to the facility. The removal of an architectural
barrier must not create a significant risk to the health or safety of a person
who has a disability or to that of others. 2. A facility
that is making alterations under s. 553.507(2)(b) must comply with this section to the maximum extent
feasible. If compliance with parking location requirements is not feasible, the
facility may provide parking spaces at alternative locations for persons who
have disabilities and provide appropriate signage directing persons who have a
disability to alternative parking. The facility may not reduce the required
number or dimensions of those spaces, nor may it unnecessarily increase the
length of the accessible route from a parking space to the facility. The alteration
must not create a significant risk to the health or safety of a person who has
a disability or to that of others. (6) Each such
parking space must be 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 and 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 a distance of 84 inches above the ground
to the bottom of the sign and which bears the international symbol of
accessibility meeting the requirements of ADAAG s. 4.30.7 and 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. Any provision
of this section to the contrary notwithstanding, in a theme park or an
entertainment complex as defined in s. 509.013(9)
in which accessible parking is located in designated lots or areas, the signage
indicating the lot as reserved for accessible parking may be located at the
entrances to the lot in lieu of a sign at each parking place. This subsection
does not relieve the owner of the responsibility of complying with the signage
requirements of ADAAG s. 4.30.
--- 553.508 Architectural barrier removal.--Removal of architectural barriers,
pursuant to 28 C.F.R. s. 36.304, from buildings, structures, or facilities to
which this act applies shall comply with ss. 553.501-553.513
unless compliance would render the removal not readily achievable. In no
instance shall the removal of an architectural barrier create a significant
risk to the health or safety of an individual with a disability or others. --- 553.511 Parking facilities; minimum
height clearance requirement.--Every nonresidential structure built on or after January
1, 1991, which is designed to use covered or underground parking as the primary
available parking space shall design the covered or underground parking
facility to maintain a minimum height for the portion of the street-accessible
level of the parking facility directly over van-accessible parking spaces and
for providing ingress and egress to such parking spaces of at least 8 feet 2
inches. Signs shall be posted to warn operators of handicapped-equipped vans
that they cannot pass beyond a certain point due to height limitations. If
compliance with this minimum height clearance requirement will cause the
structure to exceed local height limitations imposed by local zoning, planning,
or fire ordinances, or will result in the imposition of any additional
requirements of such ordinances, the structure may exceed the height limitation
specified in those particular codes as necessary to comply with the
requirements of this section and is exempt from such additional requirements.
Structures for which the plans were sealed by an architect prior to January 1,
1991, are exempt from this section. 553.513 Enforcement.--It shall be the responsibility of each local
government and each code enforcement agency established pursuant to s. 553.80
to enforce the provisions of this part. This act expressly preempts the
establishment of handicapped accessibility standards to the state and
supersedes any county or municipal ordinance on the subject. However, nothing
in this section shall prohibit municipalities and counties from enforcing the
provisions of this act. --- K. Temporary Events The
Effective communication
requirements also apply to temporary events. It may be necessary to provide
qualified sign language interpreters or other auxiliary aids and services as
requested, such as print material in a large-print format or on computer disk.
A town may choose when to provide interpreters and publicize a schedule for
interpreters and other auxiliary aids and services. It should also provide
auxiliary aids or services in response to individual requests, unless to do so
would result in undue financial and administrative burdens. Promotional
material for a temporary event should explain how the public can request a
particular auxiliary aid or service and be informed of when specific auxiliary
aids and services may be available. When portable toilets
are provided, at least one |
