If you own, build, or operate a facility in Florida, you have to satisfy two sets of accessibility rules at once: the federal Americans with Disabilities Act and Florida’s Accessibility Code, which is embedded in the Florida Building Code. Florida ADA requirements work by incorporating the federal standards into state law and then adding stricter provisions on top. Where the two conflict, the stricter one controls. Designing to the Florida code usually satisfies both, but not always, and getting it wrong can now trigger a federal civil penalty over $118,000 for a single first violation.
What the Federal ADA Requires
Two parts of the ADA do most of the work for buildings. Title II covers state and local government facilities and programs.1ADA.gov. Americans with Disabilities Act Title II Regulations Title III covers private businesses that are places of public accommodation or commercial facilities, including restaurants, hotels, retail stores, and medical offices.2U.S. Department of Justice Civil Rights Division. Americans with Disabilities Act Title III Regulations
For new construction and alterations, the technical rulebook is the ADA Standards for Accessible Design, which sets specifications for ramps, restrooms, doorways, parking, signage, and similar features.3ADA.gov. ADA Standards for Accessible Design The standards are based on minimum guidelines from the U.S. Access Board and enforced through Department of Justice regulations.4U.S. Access Board. About the ADA Accessibility Standards
One rule that catches owners off guard: the ADA does not require an elevator in buildings under three stories or under 3,000 square feet per story, unless the building is a shopping center, shopping mall, or the professional office of a health care provider.5GovInfo. 42 USC 12183 – New Construction and Alterations in Public Accommodations and Commercial Facilities Outside those categories, a two-story building without an elevator can comply as long as the ground floor meets the accessibility standards.
Existing Buildings Are Not Grandfathered
Older facilities do not get a pass. Existing places of public accommodation must remove architectural barriers where doing so is “readily achievable,” meaning it can be done without much difficulty or expense.6Office of the Law Revision Counsel. 42 USC 12182 – Prohibition of Discrimination by Public Accommodations This obligation is continuing. As a business becomes more profitable, or the cost of a fix drops, work that was once too expensive can become required.
The federal regulation sets a priority order: first, provide access to the building entrance; second, provide access to areas where goods and services are offered; third, make restrooms accessible; and fourth, remove remaining barriers.7eCFR. 28 CFR 36.304 – Removal of Barriers Typical readily-achievable changes include installing a ramp over a single step, lowering a reception counter, widening a doorway, or rearranging furniture to create a clear path. When full removal is not readily achievable, you have to make goods and services available through alternative methods where possible.
A pre-ADA restaurant with a raised dining area cannot point to the building’s age as a defense. If moving a few tables to create an accessible dining area costs little relative to revenue, the law expects it done.
Where Florida’s Rules Go Further Than Federal
Florida adopted the federal ADA Standards for Accessible Design into state law through Chapter 553, Part V of the Florida Statutes. Section 553.503 incorporates the federal standards and related regulations by reference, making them enforceable through the Florida Accessibility Code for Building Construction.8Florida Senate. Florida Code 553.503 – Adoption of Federal Standards The Florida Building Commission integrates the requirements into the Florida Building Code, so designers work from a single document. Local governments enforce the code, and the state preempts any local jurisdiction from writing its own separate accessibility standards.9Online Sunshine. Florida Code 553.513 – Enforcement
Section 553.504 then imposes additional requirements on top of the federal minimums. When Florida’s version is stricter, follow it, not the federal one.10Florida Senate. Florida Code 553.504 – Exceptions to Applicability of the Federal Standards Two differences come up most often:
- Exterior hinged door opening force is capped at 8.5 foot-pounds. The federal ADA sets a maximum for interior doors but leaves exterior hinged doors somewhat open-ended, so Florida’s hard number governs.11Florida Senate. Florida Code 553.504 – Exceptions to Applicability of the Federal Standards
- Hotels, motels, and condominiums licensed under Chapter 509 must provide an additional 5 percent of guest rooms (beyond those already required by federal standards) equipped with grab rails in bathrooms, open-frame beds that allow passage of lift devices, and compliant water closets.11Florida Senate. Florida Code 553.504 – Exceptions to Applicability of the Federal Standards
These are not the only differences. During design, cross-reference both the ADA Standards and Section 553.504 for each building element and follow whichever produces the greater level of access.
Plan Review and Permitting
A local enforcing agency in Florida cannot issue a building permit until the local building code administrator or inspector has reviewed the plans and confirmed compliance with the Florida Building Code.12Florida Senate. Florida Code 553.79 – Permits; Applications; Issuance; Inspections If plans fail, the reviewer must identify the noncompliant features, cite the specific code chapters and sections, and provide that information to the applicant. Accessibility is part of that review because it lives inside the building code. A certificate of occupancy will not issue until the building satisfies all applicable code requirements, accessibility included.
Filing a Certification of Conformity or Remediation Plan
Section 553.5141 gives Florida property owners a defensive tool many overlook. You can hire a qualified expert to inspect the facility for Title III compliance and then file one of two documents with the state:
- A certification of conformity, filed when the inspection confirms the property meets Title III. It serves as public notice that the facility complies.
- A remediation plan, filed when the inspection reveals deficiencies. The plan must describe how the property will come into compliance within a reasonable time, not to exceed 10 years.13Florida Senate. Florida Code Chapter 553 – Building Construction Standards
If someone later sues, and the certification or remediation plan was filed before the lawsuit, the court must consider that filing when deciding whether the complaint was brought in good faith and whether the plaintiff is entitled to attorney fees and costs.13Florida Senate. Florida Code Chapter 553 – Building Construction Standards It does not make you immune, but it strengthens your position. For commercial property owners in Florida, this is one of the most cost-effective defensive steps available.
Penalties and Lawsuits
Violations can generate consequences under both federal and state law. The most common federal mechanism is a private Title III lawsuit seeking injunctive relief, a court order requiring you to fix the violation. Private plaintiffs generally cannot recover monetary damages, but they can recover attorney fees, and repeat-plaintiff ADA litigation is well documented in Florida.
The Department of Justice can also bring its own enforcement actions carrying civil penalties. Under the inflation adjustment effective July 2025, the maximum penalty is $118,225 for a first violation and $236,451 for a subsequent violation.14eCFR. 28 CFR Part 85 – Civil Monetary Penalties Inflation Adjustment Those figures are adjusted periodically, so amounts assessed later may be higher.15Federal Register. Civil Monetary Penalties Inflation Adjustments for 2025 The base penalty regulation cross-references 28 CFR 85.5 for current dollar amounts.16eCFR. 28 CFR 36.504 – Relief
At the state level, local code enforcement agencies enforce the Florida Accessibility Code.9Online Sunshine. Florida Code 553.513 – Enforcement During construction or renovation, building officials can issue corrective-action notices, and projects cannot proceed to occupancy until violations are resolved. Property owners may also face administrative fines from local code enforcement boards, separate from any federal penalty or private lawsuit.
Tax Credits and Deductions That Offset the Cost
Two federal tax provisions help pay for accessibility work, and you can use them together in the same tax year.
- The Disabled Access Credit under Section 44 lets small businesses claim a credit equal to 50 percent of eligible access expenditures that exceed $250 but do not exceed $10,250, for a maximum annual credit of $5,000. To qualify, the business must have had gross receipts of $1 million or less in the prior tax year, or employed no more than 30 full-time workers. It covers barrier removal, auxiliary aids like interpreters and readers, and equipment modifications, but not new construction.17Office of the Law Revision Counsel. 26 USC 44 – Expenditures to Provide Access to Disabled Individuals
- The Barrier Removal Deduction under Section 190 lets businesses of any size deduct up to $15,000 per year for expenses related to removing architectural and transportation barriers for people with disabilities and the elderly. There is no revenue or employee-count cap.18Internal Revenue Service. Tax Benefits for Businesses That Accommodate People with Disabilities
A small business spending $12,000 on upgrades to an existing facility could claim the $5,000 credit under Section 44 and deduct the remaining costs under Section 190, cutting the net out-of-pocket expense substantially. Talk to your tax advisor about how the two stack in your specific situation before filing.