Overview Florida Paraplegic Association Law Suit filed in the Federal Court Southern District in 2010 U S District Judge dismissed the suit Overview Continued Suit was refilled in Federal Court Northern District in ID: 673027
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Slide1
ADA WorkshopSlide2
WelcomeSlide3
OverviewSlide4
Overview
Florida
Paraplegic
Association
Law
Suit filed in the Federal Court Southern District in
2010
U
. S. District Judge dismissed the suitSlide5
Overview (Continued)
Suit was refilled in Federal Court Northern District in
2011
Plaintive
Denny R.
Wood
Numerous
phone conversations with PlaintiveSlide6
Overview (Continued)
September 2011, traveled to Miami & meet with
Plaintive
No
resolution even though state being
proactive
Plaintive
& attorney agreed to go to MediationSlide7
Overview (Continued)
Mediation held December
2011
Agreement
partially reached at Mediation
Plaintive attorney & Cliff Taylor worked out the
balance
Final
Agreement reached in 2012Slide8
Overview (Continued)
Failure
to remove architectural
barriers
Failure to implement Transition Plans of
1973
Accessible parking & signage
Adequate ramps with handrails
Signage with BrailleSlide9
Overview (Continued)
Water Fountains not meeting ADAAG guidelines
Accessible toilet stalls for side discharge
Complaint door hardware
Counters that meet ADAAG guidelines
No padding under sinksSlide10
Overview (Continued)
Accessible signage
Accessible podiums
Bathroom stalls lack maneuvering space
Lavatories too high
All dispensers too highSlide11
Overview (Continued)
Communications
requirements not correct
Almost 5,000 buildings over 3,000 S.F.
Almost 25 million S.F. private sector leases
Other state agencies not in complianceSlide12
Settlement Agreements and DMS TimelinesSlide13
Surveys and Transition PlansSlide14
Surveys and Transition Plans
The Rehabilitation Act of 1973 (Broad Based)
Section 504 / Entities receiving federal monies
Non-discrimination employment practicesSlide15
Surveys and Transition Plans
Americans with Disabilities Act of 1990 (ADA)
ADA built upon Section 504 of 1973 Act
Included all state & local governments
Even if no federal monies were accepted
Includes any public access in the private sectorSlide16
Surveys and Transition Plans
The ADA has five separate
titles:
Title I Specifically for Employment
Title II specifically for state & local government
U. S. Department of Justice enforces Title I & II
ADAAG (U. S. Access Board)Slide17
Surveys and Transition Plans
ADA January 26, 1992 (Compliance)
All newly constructed buildings must be built to new compliance standards
ADA Standards for Accessible DesignSlide18
Surveys and Transition Plans
Altered (Renovation) after January 26, 1992
Changing carpet, moving walls, new toilets, parking spaces
Part of building altered (Must create accessible path to it)
i.e. – toilets, water fountains, door-ways, etc.Slide19
Surveys and Transition Plans
Section 504 requires the appointment of a “Coordinator”
Self Evaluation is absolutely mandatory
What is covered under Section 504
All policies
All practices
All procedures
All architectural barriersSlide20
Surveys and Transition Plans
New Construction
Comply with 2012 Florida Accessibility Code
Alterations
Comply with 2012 Florida Accessibility Code
Safe Harbor
If altered with 1991 ADA standard, No action required for 2012 standardSlide21
Historic Preservation
Alterations to a qualified historic building must comply with ADAAG
Under ADAAG 4.1.7(2) would destroy or damage historic significance
In this case alternative requirements may be usedSlide22
The Transition Plan
Large multi-section document
Includes employment, communications, website development, etc.
Includes architectural barriers
Assessment of all deficiencies by category in planSlide23
The Transition Plan (Continued)
Prioritization by importance
Accessible entrance
Accessible route
Accessible Restrooms
Accessible Telephones
Accessible drinking fountains
Accessible parking, storage & alarmsSlide24
Surveys and Transition Plans
The Transition Plan (Continued)
Disproportionate cost accessible route (20%)
By category, prioritization, cost, date
Tracking of completion of corrective actions
Make plans accessible in each facility
Recommend posting them on agency websiteSlide25
Questions
and
AnswersSlide26
Alternate SolutionsSlide27
Alternative Solutions
New Construction
Alterations
Reasonable accommodation
Cost VS Accommodation
Alternative SolutionsSlide28
Alternative Solutions
Door turning room / automatic door
Non-accessible restroom / signage directing to another
If direct route is not accessible / change route and use new signage
If door does not meet accessible width / use signage & direct to alternant doorSlide29
Funding and ProcurementSlide30
COSTS
The estimated cost to acquire service from an outside vendor is calculated at .07 per SF for buildings and .02 per SF for the 504 Transition Plan.
Funding/ProcurementSlide31
Funding/Procurement
Agencies should prepare a Legislative Budget Request if they need
funding
to
have the survey and transition plans
completed. Slide32
Funding/Procurement
Procurement Method
Chapter
287.055
Consultant’s
Competitive Negotiations Act
Class and Group # 973-070Slide33
Funding/Spending
Awarded vendors must be architects licensed to practice in Florida accordance with Chapter 418, Florida
Statutes
by the Department of Business and Professional Regulation.Slide34
Funding/Procurement
Contact
your Purchasing Office
for
procurement guidelines. Slide35
Private LeasesSlide36
Private Leases
Leasing offices should send all landlords letters requesting compliance.Slide37
Private Leases
Agencies should determine how long they will allow landlords to submit 504 Transition Plans.Slide38
Private Leases
Non-Compliance with requirements should be addressed by agencies general counsel. Slide39
What is Next!
Wrap Up!