In response to the overwhelming number of law suits filed against business and commercial property owners, Florida adopted a law in 2017 attempting to provide immediate defense for those with good intentions of making their property compliant.
Florida Statute 553.5141 provides outlines for businesses to have their property Inspected by a qualified expert in order to obtain a certificate of conformity or develop a remediation plan. If the qualified expert finds the property conforms to current ADA Standards, a certificate of conformity is issued and registered with the Florida Department of Business & Professional Regulation (DBPR). This places the general public on notice that the property has been found to be in compliance.
Another benefit from this law is if a property is inspected by a qualified expert and found to be out of compliance with current ADA Standards, the expert can create a remediation plan to be registered with the DBPR. This registration places the general public on notice that the business is aware of the violations and is making reasonable efforts to bring the property into compliance.
"In any action brought in this state alleging a violation of Title III of the Americans with Disabilities Act, 42 U.S.C. s. 12182, a court must consider any remediation plan or certification of conformity filed in accordance with this section by a place of public accommodation with the department before the filing of the plaintiff’s complaint, when the court considers and determines if the plaintiff’s complaint was filed in good faith and if the plaintiff is entitled to attorney fees and costs."
Is your business or commercial property protected from the "drive by" law suits filed in Florida every day?
Florida ADA Title III Registry
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