Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 396
       
       
       
       
       
       
                                Barcode 231238                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/16/2011           .                                
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       The Committee on Regulated Industries (Wise) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 711 and 712
    4  insert:
    5         Section 19. Section 553.502, Florida Statutes, is amended
    6  to read:
    7         553.502 Intent.—The purpose and intent of this part ss.
    8  553.501-553.513 is to incorporate into the law of this state the
    9  accessibility requirements of the Americans with Disabilities
   10  Act of 1990, as amended Pub. L. No. 101-336, 42 U.S.C. ss. 12101
   11  et seq., and to obtain and maintain United States Department of
   12  Justice certification of the Florida Accessibility Code for
   13  Building Construction as equivalent to federal standards for
   14  accessibility of buildings, structures, and facilities. All
   15  state laws, rules, standards, and codes governing facilities
   16  covered by the Americans with Disabilities Act Standards for
   17  Accessible Design guidelines shall be maintained to assure
   18  certification of the state’s construction standards and codes.
   19  This part Nothing in ss. 553.501-553.513 is not intended to
   20  expand or diminish the defenses available to a place of public
   21  accommodation or a commercial facility under the Americans with
   22  Disabilities Act and the standards federal Americans with
   23  Disabilities Act Accessibility Guidelines, including, but not
   24  limited to, the readily achievable standard, and the standards
   25  applicable to alterations to private buildings or facilities as
   26  defined by the standards places of public accommodation.
   27         Section 20. Section 553.503, Florida Statutes, is amended
   28  to read:
   29         553.503 Adoption of federal standards guidelines.—Subject
   30  to modifications under this part the exceptions in s. 553.504,
   31  the federal Americans with Disabilities Act Standards for
   32  Accessible Design Accessibility Guidelines, and related
   33  regulations provided as adopted by reference in 28 C.F.R., parts
   34  35 and part 36, and 49 C.F.R. part 37 subparts A and D, and
   35  Title II of Pub. L. No. 101-336, are hereby adopted and
   36  incorporated by reference as the law of this state and shall be
   37  incorporated into. The guidelines shall establish the minimum
   38  standards for the accessibility of buildings and facilities
   39  built or altered within this state. the 1997 Florida
   40  Accessibility Code for Building Construction and must be adopted
   41  by the Florida Building Commission in accordance with chapter
   42  120.
   43         Section 21. Section 553.504, Florida Statutes, is amended
   44  to read:
   45         553.504 Exceptions to applicability of the federal
   46  standards guidelines.—Notwithstanding the adoption of the
   47  Americans with Disabilities Act Standards for Accessible Design
   48  pursuant to Accessibility Guidelines in s. 553.503, all
   49  buildings, structures, and facilities in this state must shall
   50  meet the following additional requirements if such requirements
   51  when they provide increased accessibility:
   52         (1) All new or altered public buildings and facilities,
   53  private buildings and facilities, places of public
   54  accommodation, and commercial facilities, as those terms are
   55  defined by the standards, subject to this part ss. 553.501
   56  553.513 which may be frequented in, lived in, or worked in by
   57  the public must shall comply with this part ss. 553.501-553.513.
   58         (2) All new single-family houses, duplexes, triplexes,
   59  condominiums, and townhouses shall provide at least one
   60  bathroom, located with maximum possible privacy, where bathrooms
   61  are provided on habitable grade levels, with a door that has a
   62  29-inch clear opening. However, if only a toilet room is
   63  provided at grade level, such toilet room must shall have a
   64  clear opening of at least not less than 29 inches.
   65         (3) All required doors and walk-through openings in
   66  buildings excluding single-family homes, duplexes, and triplexes
   67  not covered by the Americans with Disabilities Act of 1990 or
   68  the Fair Housing Act shall have at least 29 inches of clear
   69  width except under ss. 553.501-553.513.
   70         (4) In addition to the requirements in reference 4.8.4 of
   71  the guidelines, all landings on ramps shall be not less than 60
   72  inches clear, and the bottom of each ramp shall have not less
   73  than 72 inches of straight and level clearance.
   74         (5) All curb ramps shall be designed and constructed in
   75  accordance with the following requirements:
   76         (a) Notwithstanding the requirements of reference 4.8.5.2
   77  of the guidelines, handrails on ramps which are not continuous
   78  shall extend not less than 18 inches beyond the sloped segment
   79  at both the top and bottom, and shall be parallel to the floor
   80  or ground surface.
   81         (b) Notwithstanding the requirements of references 4.3.3
   82  and 4.8.3 of the guidelines, curb ramps that are part of a
   83  required means of egress shall be not less than 44 inches wide.
   84         (c) Notwithstanding the requirements of reference 4.7.5 of
   85  the guidelines, curb ramps located where pedestrians must use
   86  them and all curb ramps which are not protected by handrails or
   87  guardrails shall have flared sides with a slope not exceeding a
   88  ratio of 1 to 12.
   89         (3)(6) Notwithstanding the requirements in s. 404.2.9
   90  reference 4.13.11 of the standards guidelines, exterior hinged
   91  doors must shall be so designed so that such doors can be pushed
   92  or pulled open with a force not exceeding 8.5 foot pounds.
   93         (7) Notwithstanding the requirements in reference 4.33.1 of
   94  the guidelines, all public food service establishments, all
   95  establishments licensed under the Beverage Law for consumption
   96  on the premises, and all facilities governed by reference 4.1 of
   97  the guidelines shall provide seating or spaces for seating in
   98  accordance with the following requirements:
   99         (a) For the first 100 fixed seats, accessible and usable
  100  spaces must be provided consistent with the following table:
  101  Capacity of SeatingIn Assembly AreasNumber of RequiredWheelchair Locations
  102  1 to 25	1                                                           
  103  26 to 50	2                                                          
  104  51 to 100	4                                                         
  105         (b) For all remaining fixed seats, there shall be not less
  106  than one such accessible and usable space for each 100 fixed
  107  seats or fraction thereof.
  108         (8) Notwithstanding the requirements in references 4.32.1
  109  4.32.4 of the guidelines, all fixed seating in public food
  110  service establishments, in establishments licensed under the
  111  Beverage Law for consumption on the premises, and in all other
  112  facilities governed by reference 4.1 of the guidelines shall be
  113  designed and constructed in accordance with the following
  114  requirements:
  115         (a) All aisles adjacent to fixed seating shall provide
  116  clear space for wheelchairs.
  117         (b) Where there are open positions along both sides of such
  118  aisles, the aisles shall be not less than 52 inches wide.
  119         (4)(9) In motels and hotels a number of rooms equaling at
  120  least 5 percent of the guest rooms minus the number of
  121  accessible rooms required by the standards must guidelines shall
  122  provide the following special accessibility features:
  123         (a) Grab rails in bathrooms and toilet rooms that comply
  124  with s. 604.5 4.16.4 of the standards guidelines.
  125         (b) All beds in designed accessible guest rooms must shall
  126  be an open-frame type that allows the to permit passage of lift
  127  devices.
  128         (c) Water closets that comply with section 604.4 of the
  129  standards. All standard water closet seats shall be at a height
  130  of 15 inches, measured vertically from the finished floor to the
  131  top of the seat, with a variation of plus or minus 1/2 inch. A
  132  portable or attached raised toilet seat shall be provided in all
  133  designated handicapped accessible rooms.
  134  
  135  All buildings, structures, or facilities licensed as a hotel,
  136  motel, or condominium pursuant to chapter 509 are shall be
  137  subject to the provisions of this subsection. This subsection
  138  does not relieve Nothing in this subsection shall be construed
  139  as relieving the owner of the responsibility of providing
  140  accessible rooms in conformance with ss. 224 and 806 of the
  141  standards 9.1-9.5 of the guidelines.
  142         (10) Notwithstanding the requirements in reference 4.29.2
  143  of the guidelines, all detectable warning surfaces required by
  144  the guidelines shall be governed by the requirements of American
  145  National Standards Institute A117.1-1986.
  146         (11) Notwithstanding the requirements in references 4.31.2
  147  and 4.31.3 of the guidelines, the installation and placement of
  148  all public telephones shall be governed by the rules of the
  149  Florida Public Service Commission.
  150         (5)(12) Notwithstanding ss. 213 and 604 of the standards
  151  the requirements in references 4.1.3(11) and 4.16-4.23 of the
  152  guidelines, required bathing rooms restrooms and toilet rooms in
  153  new construction shall be designed and constructed in accordance
  154  with the following requirements:
  155         (a) The standard accessible toilet compartment must
  156  restroom stall shall contain an accessible lavatory within it,
  157  which must be at least the size of such lavatory to be not less
  158  than 19 inches wide by 17 inches deep, nominal size, and wall
  159  mounted. The lavatory shall be mounted so as not to overlap the
  160  clear floor space areas required by s. 604 of the standards 4.17
  161  figure 30(a) of the guidelines for the standard accessible
  162  toilet compartment stall and to comply with s. 606 of the
  163  standards 4.19 of the guidelines. Such lavatories shall be
  164  counted as part of the required fixture count for the building.
  165         (b) The accessible toilet compartments must water closet
  166  shall be located in the corner, diagonal to the door.
  167         (c) The accessible stall door shall be self-closing.
  168         (13) All customer checkout aisles not required by the
  169  guidelines to be handicapped accessible shall have at least 32
  170  inches of clear passage.
  171         (14) Turnstiles shall not be used in occupancies which
  172  serve fewer than 100 persons, but turnstiles may be used in
  173  occupancies which serve at least 100 persons if there is an
  174  unlocked alternate passageway on an accessible route affording
  175  not less than 32 inches of clearance, equipped with latching
  176  devices in accordance with the guidelines.
  177         (6)(15) Barriers at common or emergency entrances and exits
  178  of business establishments conducting business with the general
  179  public that are existing, under construction, or under contract
  180  for construction which would prevent a person from using such
  181  entrances or exits must shall be removed.
  182         Section 22. Section 553.5041, Florida Statutes, is amended
  183  to read:
  184         553.5041 Parking spaces for persons who have disabilities.—
  185         (1) This section is not intended to expand or diminish the
  186  defenses available to a place of public accommodation under the
  187  Americans with Disabilities Act and the federal Americans with
  188  Disabilities Act Standards for Accessible Design Accessibility
  189  Guidelines, including, but not limited to, the readily
  190  achievable standard, and the standards applicable to alterations
  191  to places of public accommodation and commercial facilities.
  192  Subject to the exceptions described in subsections (2), (4),
  193  (5), and (6), if when the parking and loading zone requirements
  194  of the federal standards and related regulations Americans with
  195  Disabilities Act Accessibility Guidelines (ADAAG), as adopted by
  196  reference in 28 C.F.R. part 36, subparts A and D, and Title II
  197  of Pub. L. No. 101-336, provide increased accessibility, those
  198  requirements are adopted and incorporated by reference as the
  199  law of this state.
  200         (2) State agencies and political subdivisions having
  201  jurisdiction over street parking or publicly owned or operated
  202  parking facilities are not required to provide a greater right
  203  of-way width than would otherwise be planned under regulations,
  204  guidelines, or practices normally applied to new development.
  205         (3) Designated accessible If parking spaces are provided
  206  for self-parking by employees or visitors, or both, accessible
  207  spaces shall be provided in each such parking area. Such spaces
  208  shall be designed and marked for the exclusive use of those
  209  individuals who have a severe physical disability and have
  210  permanent or temporary mobility problems that substantially
  211  impair their ability to ambulate and who have been issued either
  212  a disabled parking permit under s. 316.1958 or s. 320.0848 or a
  213  license plate under s. 320.084, s. 320.0842, s. 320.0843, or s.
  214  320.0845.
  215         (4) The number of accessible parking spaces must comply
  216  with the parking requirements in ADAAG s. 208 of the standards
  217  4.1 and the following:
  218         (a) There must be one accessible parking space in the
  219  immediate vicinity of a publicly owned or leased building that
  220  houses a governmental entity or a political subdivision,
  221  including, but not limited to, state office buildings and
  222  courthouses, if no parking for the public is not provided on the
  223  premises of the building.
  224         (b) There must be one accessible parking space for each 150
  225  metered on-street parking spaces provided by state agencies and
  226  political subdivisions.
  227         (c) The number of parking spaces for persons who have
  228  disabilities must be increased on the basis of demonstrated and
  229  documented need.
  230         (5) Accessible perpendicular and diagonal accessible
  231  parking spaces and loading zones must be designed and located to
  232  conform to in conformance with the guidelines set forth in ADAAG
  233  ss. 502 and 503 of the standards. 4.1.2 and 4.6 and Appendix s.
  234  A4.6.3 “Universal Parking Design.”
  235         (a) All spaces must be located on an accessible route that
  236  is at least no less than 44 inches wide so that users are will
  237  not be compelled to walk or wheel behind parked vehicles except
  238  behind his or her own vehicle.
  239         (b) Each space must be located on the shortest safely
  240  accessible route from the parking space to an accessible
  241  entrance. If there are multiple entrances or multiple retail
  242  stores, the parking spaces must be dispersed to provide parking
  243  at the nearest accessible entrance. If a theme park or an
  244  entertainment complex as defined in s. 509.013(9) provides
  245  parking in several lots or areas from which access to the theme
  246  park or entertainment complex is provided, a single lot or area
  247  may be designated for parking by persons who have disabilities,
  248  if the lot or area is located on the shortest safely accessible
  249  route to an accessible entrance to the theme park or
  250  entertainment complex or to transportation to such an accessible
  251  entrance.
  252         (c)1. Each parking space must be at least no less than 12
  253  feet wide. Parking access aisles must be at least no less than 5
  254  feet wide and must be part of an accessible route to the
  255  building or facility entrance. In accordance with ADAAG s.
  256  4.6.3, access aisles must be placed adjacent to accessible
  257  parking spaces; however, two accessible parking spaces may share
  258  a common access aisle. The access aisle must be striped
  259  diagonally to designate it as a no-parking zone.
  260         2. The parking access aisles are reserved for the temporary
  261  exclusive use of persons who have disabled parking permits and
  262  who require extra space to deploy a mobility device, lift, or
  263  ramp in order to exit from or enter a vehicle. Parking is not
  264  allowed in an access aisle. Violators are subject to the same
  265  penalties that are imposed for illegally parking in parking
  266  spaces that are designated for persons who have disabilities. A
  267  vehicle may not be parked in an access aisle, even if the
  268  vehicle owner or passenger is disabled or owns a disabled
  269  parking permit.
  270         3. Notwithstanding any other provision of this subsection
  271  to the contrary notwithstanding, a theme park or an
  272  entertainment complex as defined in s. 509.013(9) in which are
  273  provided continuous attendant services are provided for
  274  directing individuals to marked accessible parking spaces or
  275  designated lots for parking by persons who have disabilities,
  276  may, in lieu of the required parking space design, provide
  277  parking spaces that comply with ADAAG ss. 208 and 502 of the
  278  standards 4.1 and 4.6.
  279         (d) On-street parallel parking spaces must be located
  280  either at the beginning or end of a block or adjacent to alley
  281  entrances. Such spaces must be designed to conform to in
  282  conformance with the guidelines set forth in ADAAG ss. 208 and
  283  502 of the standards, except that 4.6.2 through 4.6.5,
  284  exception: access aisles are not required. Curbs adjacent to
  285  such spaces must be of a height that does will not interfere
  286  with the opening and closing of motor vehicle doors. This
  287  subsection does not relieve the owner of the responsibility to
  288  comply with the parking requirements of ADAAG ss. 208 and 502 of
  289  the standards 4.1 and 4.6.
  290         (e) Parallel parking spaces must be even with surface
  291  slopes, may match the grade of the adjacent travel lane, and
  292  must not exceed a cross slope of 1 to 50, where feasible.
  293         (f) Curb ramps must be located outside of the disabled
  294  parking spaces and access aisles.
  295         (e)(g)1. The removal of architectural barriers from a
  296  parking facility in accordance with 28 C.F.R. s. 36.304 or with
  297  s. 553.508 must comply with this section unless compliance would
  298  cause the barrier removal not to be readily achievable. If
  299  compliance would cause the barrier removal not to be readily
  300  achievable, a facility may provide parking spaces at alternative
  301  locations for persons who have disabilities and provide
  302  appropriate signage directing such persons who have disabilities
  303  to the alternative parking if readily achievable. The facility
  304  may not reduce the required number or dimensions of those spaces
  305  or, nor may it unreasonably increase the length of the
  306  accessible route from a parking space to the facility. The
  307  removal of an architectural barrier must not create a
  308  significant risk to the health or safety of a person who has a
  309  disability or to that of others.
  310         2. A facility that is making alterations under s.
  311  553.507(2)(b) must comply with this section to the maximum
  312  extent feasible. If compliance with parking location
  313  requirements is not feasible, the facility may provide parking
  314  spaces at alternative locations for persons who have
  315  disabilities and provide appropriate signage directing such
  316  persons who have a disability to alternative parking. The
  317  facility may not reduce the required number or dimensions of
  318  those spaces, or nor may it unnecessarily increase the length of
  319  the accessible route from a parking space to the facility. The
  320  alteration must not create a significant risk to the health or
  321  safety of a person who has a disability or to that of others.
  322         (6) Each such parking space must be striped in a manner
  323  that is consistent with the standards of the controlling
  324  jurisdiction for other spaces and prominently outlined with blue
  325  paint, and must be repainted when necessary, to be clearly
  326  distinguishable as a parking space designated for persons who
  327  have disabilities. The space and must be posted with a permanent
  328  above-grade sign of a color and design approved by the
  329  Department of Transportation, which is placed on or at least 60
  330  inches above the finished floor or ground surface measured to
  331  the bottom of the sign a distance of 84 inches above the ground
  332  to the bottom of the sign and which bears the international
  333  symbol of accessibility meeting the requirements of ADAAG s.
  334  703.7.2.1 of the standards 4.30.7 and the caption “PARKING BY
  335  DISABLED PERMIT ONLY.” Such a sign erected after October 1,
  336  1996, must indicate the penalty for illegal use of the space.
  337  Notwithstanding any other provision of this section to the
  338  contrary notwithstanding, in a theme park or an entertainment
  339  complex as defined in s. 509.013(9) in which accessible parking
  340  is located in designated lots or areas, the signage indicating
  341  the lot as reserved for accessible parking may be located at the
  342  entrances to the lot in lieu of a sign at each parking place.
  343  This subsection does not relieve the owner of the responsibility
  344  of complying with the signage requirements of ADAAG s. 502.6 of
  345  the standards 4.30.
  346         Section 23. Section 553.505, Florida Statutes, is amended
  347  to read:
  348         553.505 Exceptions to applicability of the Americans with
  349  Disabilities Act.—Notwithstanding the Americans with
  350  Disabilities Act of 1990, private clubs are governed by this
  351  part ss. 553.501-553.513. Parking spaces, parking lots, and
  352  other parking facilities are governed by s. 553.5041 when that
  353  section provides increased accessibility.
  354         Section 24. Section 553.506, Florida Statutes, is amended
  355  to read:
  356         553.506 Powers of the commission.—In addition to any other
  357  authority vested in the Florida Building Commission by law, the
  358  commission, in implementing this part ss. 553.501-553.513, may,
  359  by rule, adopt revised and updated versions of the Americans
  360  with Disabilities Act Standards for Accessible Design
  361  Accessibility Guidelines in accordance with chapter 120.
  362         Section 25. Section 553.507, Florida Statutes, is amended
  363  to read:
  364         553.507 Applicability Exemptions.—This part applies to
  365  Sections 553.501-553.513 do not apply to any of the following:
  366         (1) All areas of newly designed and newly constructed
  367  buildings and facilities as determined by the federal standards
  368  established and adopted pursuant to s. 553.503. Buildings,
  369  structures, or facilities that were either under construction or
  370  under contract for construction on October 1, 1997.
  371         (2) Portions of altered buildings and facilities as
  372  determined by the federal standards established and adopted
  373  pursuant to s. 553.503. Buildings, structures, or facilities
  374  that were in existence on October 1, 1997, unless:
  375         (a) The building, structure, or facility is being converted
  376  from residential to nonresidential or mixed use, as defined by
  377  local law;
  378         (b) The proposed alteration or renovation of the building,
  379  structure, or facility will affect usability or accessibility to
  380  a degree that invokes the requirements of s. 303(a) of the
  381  Americans with Disabilities Act of 1990; or
  382         (c) The original construction or any former alteration or
  383  renovation of the building, structure, or facility was carried
  384  out in violation of applicable permitting law.
  385         (3) A building or facility that is being converted from
  386  residential to nonresidential or mixed use as defined by the
  387  Florida Building Code. Such building or facility must, at a
  388  minimum, comply with s. 553.508 and the requirements for
  389  alternations as determined by the federal standards established
  390  and adopted pursuant to s. 553.503.
  391         (4) Buildings and facilities where the original
  392  construction or any former alternation or renovation was carried
  393  out in violation of applicable permitting law.
  394         Section 26. Section 553.509, Florida Statutes, is amended
  395  to read:
  396         553.509 Vertical accessibility.—
  397         (1) This part and the Americans with Disabilities Act
  398  Standards for Accessible Design do not Nothing in ss. 553.501
  399  553.513 or the guidelines shall be construed to relieve the
  400  owner of any building, structure, or facility governed by this
  401  part those sections from the duty to provide vertical
  402  accessibility to all levels above and below the occupiable grade
  403  level, regardless of whether the standards guidelines require an
  404  elevator to be installed in such building, structure, or
  405  facility, except for:
  406         (a) Elevator pits, elevator penthouses, mechanical rooms,
  407  piping or equipment catwalks, and automobile lubrication and
  408  maintenance pits and platforms.;
  409         (b) Unoccupiable spaces, such as rooms, enclosed spaces,
  410  and storage spaces that are not designed for human occupancy,
  411  for public accommodations, or for work areas.; and
  412         (c) Occupiable spaces and rooms that are not open to the
  413  public and that house no more than five persons, including, but
  414  not limited to, equipment control rooms and projection booths.
  415         (d) Theaters, concert halls, and stadiums, or other large
  416  assembly areas that have stadium-style seating or tiered seating
  417  if ss. 221 and 802 of the standards are met.
  418         (e) All play and recreation areas if the requirements of
  419  chapter 10 of the standards are met.
  420         (f) All employee areas as exempted in s. 203.9 of the
  421  standards.
  422         (g) Facilities, sites, and spaces exempted by s. 203 of the
  423  standards.
  424         (2)(a) Any person, firm, or corporation that owns, manages,
  425  or operates a residential multifamily dwelling, including a
  426  condominium, that is at least 75 feet high and contains a public
  427  elevator, as described in s. 399.035(2) and (3) and rules
  428  adopted by the Florida Building Commission, shall have at least
  429  one public elevator that is capable of operating on an alternate
  430  power source for emergency purposes. Alternate power shall be
  431  available for the purpose of allowing all residents access for a
  432  specified number of hours each day over a 5-day period following
  433  a natural disaster, manmade disaster, emergency, or other civil
  434  disturbance that disrupts the normal supply of electricity. The
  435  alternate power source that controls elevator operations must
  436  also be capable of powering any connected fire alarm system in
  437  the building.
  438         (b) At a minimum, the elevator must be appropriately
  439  prewired and prepared to accept an alternate power source and
  440  must have a connection on the line side of the main disconnect,
  441  pursuant to National Electric Code Handbook, Article 700. In
  442  addition to the required power source for the elevator and
  443  connected fire alarm system in the building, the alternate power
  444  supply must be sufficient to provide emergency lighting to the
  445  interior lobbies, hallways, and other portions of the building
  446  used by the public. Residential multifamily dwellings must have
  447  an available generator and fuel source on the property or have
  448  proof of a current contract posted in the elevator machine room
  449  or other place conspicuous to the elevator inspector affirming a
  450  current guaranteed service contract for such equipment and fuel
  451  source to operate the elevator on an on-call basis within 24
  452  hours after a request. By December 31, 2006, any person, firm or
  453  corporation that owns, manages, or operates a residential
  454  multifamily dwelling as defined in paragraph (a) must provide to
  455  the local building inspection agency verification of engineering
  456  plans for residential multifamily dwellings that provide for the
  457  capability to generate power by alternate means. Compliance with
  458  installation requirements and operational capability
  459  requirements must be verified by local building inspectors and
  460  reported to the county emergency management agency by December
  461  31, 2007.
  462         (c) Each newly constructed residential multifamily
  463  dwelling, including a condominium, that is at least 75 feet high
  464  and contains a public elevator, as described in s. 399.035(2)
  465  and (3) and rules adopted by the Florida Building Commission,
  466  must have at least one public elevator that is capable of
  467  operating on an alternate power source for the purpose of
  468  allowing all residents access for a specified number of hours
  469  each day over a 5-day period following a natural disaster,
  470  manmade disaster, emergency, or other civil disturbance that
  471  disrupts the normal supply of electricity. The alternate power
  472  source that controls elevator operations must be capable of
  473  powering any connected fire alarm system in the building. In
  474  addition to the required power source for the elevator and
  475  connected fire alarm system, the alternate power supply must be
  476  sufficient to provide emergency lighting to the interior
  477  lobbies, hallways, and other portions of the building used by
  478  the public. Engineering plans and verification of operational
  479  capability must be provided by the local building inspector to
  480  the county emergency management agency before occupancy of the
  481  newly constructed building.
  482         (d) Each person, firm, or corporation that is required to
  483  maintain an alternate power source under this subsection shall
  484  maintain a written emergency operations plan that details the
  485  sequence of operations before, during, and after a natural or
  486  manmade disaster or other emergency situation. The plan must
  487  include, at a minimum, a lifesafety plan for evacuation,
  488  maintenance of the electrical and lighting supply, and
  489  provisions for the health, safety, and welfare of the residents.
  490  In addition, the owner, manager, or operator of the residential
  491  multifamily dwelling must keep written records of any contracts
  492  for alternative power generation equipment. Also, quarterly
  493  inspection records of lifesafety equipment and alternate power
  494  generation equipment must be posted in the elevator machine room
  495  or other place conspicuous to the elevator inspector, which
  496  confirm that such equipment is properly maintained and in good
  497  working condition, and copies of contracts for alternate power
  498  generation equipment shall be maintained on site for
  499  verification. The written emergency operations plan and
  500  inspection records shall also be open for periodic inspection by
  501  local and state government agencies as deemed necessary. The
  502  owner or operator must keep a generator key in a lockbox posted
  503  at or near any installed generator unit.
  504         (e) Multistory affordable residential dwellings for persons
  505  age 62 and older that are financed or insured by the United
  506  States Department of Housing and Urban Development must make
  507  every effort to obtain grant funding from the Federal Government
  508  or the Florida Housing Finance Corporation to comply with this
  509  subsection. If an owner of such a residential dwelling cannot
  510  comply with the requirements of this subsection, the owner must
  511  develop a plan with the local emergency management agency to
  512  ensure that residents are evacuated to a place of safety in the
  513  event of a power outage resulting from a natural or manmade
  514  disaster or other emergency situation that disrupts the normal
  515  supply of electricity for an extended period of time. A place of
  516  safety may include, but is not limited to, relocation to an
  517  alternative site within the building or evacuation to a local
  518  shelter.
  519         (f) As a part of the annual elevator inspection required
  520  under s. 399.061, certified elevator inspectors shall confirm
  521  that all installed generators required by this chapter are in
  522  working order, have current inspection records posted in the
  523  elevator machine room or other place conspicuous to the elevator
  524  inspector, and that the required generator key is present in the
  525  lockbox posted at or near the installed generator. If a building
  526  does not have an installed generator, the inspector shall
  527  confirm that the appropriate prewiring and switching
  528  capabilities are present and that a statement is posted in the
  529  elevator machine room or other place conspicuous to the elevator
  530  inspector affirming a current guaranteed contract exists for
  531  contingent services for alternate power is current for the
  532  operating period.
  533         (2) However, buildings, structures, and facilities must, as
  534  a minimum, comply with the requirements in the Americans with
  535  Disabilities Act Standards for Accessible Design Accessibility
  536  Guidelines.
  537         Section 27. Consistent with the federal implementation of
  538  the 2010 Americans with Disabilities Act Standards for
  539  Accessible Design, buildings and facilities in this state may be
  540  designed in conformity with the 2010 standards if the design
  541  also complies with Florida-specific requirements provided in
  542  part II of chapter 553, Florida Statutes, until the Florida
  543  Accessibility Code for Building Construction is updated to
  544  implement the changes to part II of chapter 553, Florida
  545  Statutes, as provided by this Act.
  546  
  547  ================= T I T L E  A M E N D M E N T ================
  548         And the title is amended as follows:
  549         After line 52
  550  insert:
  551         amending s. 553.502, F.S.; revising intent with
  552         respect to the Florida Americans with Disabilities
  553         Act; amending s. 553.503, F.S.; incorporating the
  554         Americans with Disabilities Act Standards for
  555         Accessible Design into state law by reference and
  556         directing that they be adopted by rule into the
  557         Florida Accessibility Code for Building Construction;
  558         amending s. 553.504, F.S.; revising exceptions to
  559         incorporate the standards; amending s. 553.5041, F.S.;
  560         revising provisions relating to parking spaces for
  561         persons who have disabilities to incorporate the
  562         standards; amending ss. 553.505 and 553.506, F.S.;
  563         conforming provisions to changes made by the act;
  564         amending s. 553.507, F.S.; providing for the
  565         applicability of the act; amending s. 553.509, F.S.;
  566         revising provisions relating to vertical accessiblity
  567         to incorporate the standards; providing that buildings
  568         and facilities in this state do not have to comply
  569         with the changes provided by this act until the
  570         Florida Accessibility Code for Building Construction
  571         is updated;