Florida Senate - 2017 SB 1398
By Senator Stewart
13-01016D-17 20171398__
1 A bill to be entitled
2 An act relating to the accessibility of places of
3 public accommodation; creating s. 553.5141, F.S.;
4 providing definitions; requiring the Department of
5 Business and Professional Regulation to establish a
6 program to provide for the certification of certain
7 experts; authorizing such experts to advise and
8 provide certain inspections for places of public
9 accommodation relating to the Americans with
10 Disabilities Act; requiring the department to
11 establish certification requirements; authorizing an
12 owner of a place of public accommodation to request a
13 facility to be inspected for specified purposes;
14 requiring a certified expert to provide the owner of a
15 place of public accommodation a certification of
16 conformity if the facility conforms to specified
17 provisions of the Americans with Disabilities Act;
18 specifying that such certificate is valid for 3 years;
19 specifying that an owner of a place of public
20 accommodation may submit a remediation plan to the
21 department under certain circumstances; providing that
22 a remediation plan is only valid for a certain period
23 of time; requiring a court to consider certain
24 information in specified actions; requiring the
25 department to develop and maintain a website for
26 specified purposes; requiring the department to adopt
27 rules; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 553.5141, Florida Statutes, is created
32 to read:
33 553.5141 Americans with Disabilities Act; certification of
34 experts.—
35 (1) For purposes of this section:
36 (a) “Certified expert” means a person certified by the
37 department under subsection (2).
38 (b) “Commerce” means communication, trade, traffic,
39 transportation, or travel:
40 1. Among the several states;
41 2. Between any foreign country or any territory or
42 possession and any state; or
43 3. Between points in the same state but through another
44 state or foreign country.
45 (c) “Department” means the Department of Business and
46 Professional Regulation.
47 (d) “Facility” means all or any portion of buildings,
48 complexes, equipment, parking lots, passageways, roads, rolling
49 stock or other conveyances, sites, structures, walks, or other
50 real or personal property, including the site where the
51 building, equipment, property, or structure is located.
52 (e) “Place of public accommodation” means a facility
53 operated by a private entity whose operations affect commerce
54 and is a private entity as described in 42 U.S.C. s. 12181(7).
55 (f) “Private entity” means any nongovernmental entity, such
56 as a company or nonprofit organization, corporation,
57 partnership, any other legal entity, or any natural person.
58 (g) “Registry” means the registry of certified experts and
59 of remediation plans filed by places of public accommodation and
60 maintained by the department.
61 (2)(a) The department shall establish a program to provide
62 certification for experts who have sufficient experience,
63 knowledge, or training to advise places of public accommodation
64 regarding the compliance guidelines applicable to places of
65 public accommodation under subchapter III of the Americans with
66 Disabilities Act, 42 U.S.C. s. 12182. The certified experts may
67 provide inspections of places of public accommodation to
68 determine if barriers to access are present in the facility
69 within the meaning of 42 U.S.C. s. 12182 and the applicable
70 regulations interpreting that chapter.
71 (b) The department shall establish requirements for experts
72 to qualify for certification under this section.
73 (3)(a) An owner of a place of public accommodation may
74 request that a facility be inspected by a certified expert.
75 However, use of an expert certified under this section is not
76 required.
77 (b) If a place of public accommodation conforms to
78 subchapter III of the Americans with Disabilities Act, the
79 certified expert must provide the owner with a certification of
80 conformity which is valid for 3 years after the date of
81 issuance.
82 (c) If a place of public accommodation does not conform to
83 subchapter III of the Americans with Disabilities Act, the owner
84 may submit a remediation plan to the department which includes:
85 1. The date the place of public accommodation was
86 inspected.
87 2. The name of the certified expert or other person who
88 inspected the place of public accommodation.
89 3. Identification of specific remedial measures that the
90 place of public accommodation will undertake.
91 4. The anticipated dates of initiation and completion for
92 each remedial measure that the place of public accommodation has
93 agreed to undertake.
94 (d) A remediation plan submitted under paragraph (c) is
95 only valid for 10 years after its submission to the department.
96 (e) In any action brought in this state alleging a
97 violation of subchapter III of the Americans with Disabilities
98 Act, 42 U.S.C. s. 12182, the courts shall consider any
99 remediation plan filed by the place of public accommodation
100 before the filing of the plaintiff’s complaint in determining if
101 the plaintiff’s complaint was filed in good faith and if the
102 plaintiff is entitled to attorney fees and costs.
103 (4) The department shall develop and maintain on its
104 website, accessible to the public, an electronic registry of
105 certifications of conformity and remediation plans.
106 (5) The department shall adopt rules to administer this
107 section.
108 Section 2. This act shall take effect July 1, 2017.