Florida/Georgia Personal Injury & Workers Compensation

...Plaintiff also asserts this suit is brought pursuant to the "Florida Accessibility Code.” Amended Complaint at 1. The Court presumes Plaintiff is actually referring to the "Florida Americans With Disabilities Accessibility Implementation Act,” Fla. Stat. § 553.501 et seq....

...other means of accessibility be provided for persons using wheelchairs; that the City's failure to provide wheelchair accessibility at the building violated the Florida Americans With Disabilities Accessibility Implementation Act (the Florida Act), Section 553.501, Florida Statutes (1997), et seq., as well as numerous building, safety, and accessibility regulations, codes, and guidelines; that the City was negligent in breaching its duty to comply with the statutory mandate to provide wheelchai...

...Count One of the amended complaint, which is designated a common-law negligence claim, alleged that prior to the time of Mr. Meyers' accident, the City had a statutory, non-discretionary duty to provide a wheelchair ramp or other safe access for persons who use wheelchairs, as required by section 553.501, Florida Statutes, et seq., and 42 U.S.C., section 12101 et seq.; that the City was negligent in that it breached its duty to comply with the statutory duty to provide wheelchair accessibility to the building in question; and that as a direct and proximate result of the City's negligence, Mr....

...As to the first element, Appellants alleged that at the time of the injury, the City had a statutory, non-discretionary duty to provide a wheelchair ramp or other means of safe accessibility for persons using wheelchairs and trying to use the building in question. Specifically, Appellants rely on section 553.501, Florida Statutes, et seq., the Florida Act, to support their position that the City was statutorily required to provide wheelchair accessibility when it renovated a pre-existing structure....

...opted by reference in 28 C.F.R., part 36, subparts A & D, and Title II of Public Law Number *203 101-336, have been adopted and incorporated by reference as Florida law. § 553.503, Fla. Stat. "All new or altered buildings and facilities subject to ss. 553.501-553.513 which may be frequented in, lived in, or worked in by the public shall comply with ss. 553.501-553.513." § 553.504(1), Fla....

...s Act of 1990 (A.D.A.), and (2) the county failed to warn of a known dangerous condition. The complaint claimed that the ramp was negligently maintained because it did not comply with the requirements of the A.D.A. as incorporated in Florida Statute 553.501, et seq. According to appellant, the ramp was nearly twice as steep and shorter than what *442 the A.D.A. required. Because section 553.501 requires compliance with the A.D.A., appellant alleged that appellee was obligated to inspect the ramp for compliance and to upgrade the facility....

...13 Therefore, it is my opinion that section 553.509 , Florida Statutes, as amended by section 12, Chapter 2006-71 , Laws of Florida, does not preempt local legislation on the topics covered by that statute. Sincerely, Charlie Crist Attorney General CC/tgh 1 Section 553.501 , Fla....

...Beitz Building Official City of Mount Dora Post Office Box 176 Mount Dora, Florida 32756-0176 Dear Mr. Beitz: As the building official charged with administration and enforcement of the building code for the City of Mount Dora, 1 you ask substantially the following question: Are the provisions in sections 553.501 — 553.513 , Florida Statutes, applicable to churches? Sections 553.501 — 553.513 , Florida Statutes, is the "Florida Americans With Disabilities Accessibility Implementation Act." 2 The purpose of the act is to incorporate the Federal Americans with Disabilities Act of 1990 (ADA) into Florida law and to ob...

...cilities built or altered within the state of Florida. 4 Section 553.505 , Florida Statutes, sets forth exceptions to the applicability of the ADA, stating: "Notwithstanding the Americans with Disabilities Act of 1990, private clubs are governed by ss. 553.501 — 553.513 ....

...rship. 5 The State of Florida, however, through the enactment of section 553.505 , Florida Statutes, has specifically removed the exemption from the ADA for private clubs and makes them subject to the accessibility requirements contained in sections 553.501 — 553.513 , Florida Statutes....

...ts to the federal level, and exempts churches from Florida's accessibility requirements. " 8 (e.s.) Thus, the last expression of the Legislature in amending section 553.505 , Florida Statutes, was to exempt churches from the requirements of sections 553.501 — 553.513 , Florida Statutes. Accordingly, it is my opinion that sections 553.501 — 553.513 , Florida Statutes, Florida's Americans with Disabilities Implementation Act, does not apply to churches....

...code), 22.150 (building official charged with providing notification for violations and penalties), and 22.310 (building official and fire chief authorized to inspect vacant buildings for compliance with building, housing, fire, and health codes). 2 Section 553.501 , Fla....