Fla. Stat. § 553.501 et seq. § 553.512
Modifications and waivers; advisory council.
Operative Text
(1) The Florida Building Commission shall provide by regulation criteria for granting individual modifications of, or exceptions from, the literal requirements of this part upon a determination of unnecessary, unreasonable, or extreme hardship, provided such waivers shall not violate federal accessibility laws and regulations and shall be reviewed by the Accessibility Advisory Council. The commission shall establish by rule a fee to be paid upon submitting a request for a waiver as provided in this section. Notwithstanding any other provision of this subsection, if an applicant for a waiver demonstrates economic hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver shall be granted. The commission may not consider waiving any of the requirements of s. 553.5041 unless the applicant first demonstrates that she or he has applied for and been denied waiver or variance from all local government zoning, subdivision regulations, or other ordinances that prevent compliance therewith. Further, the commission may not waive the requirement of s. 553.5041(5)(a) and (c)1. governing the minimum width of accessible routes and minimum width of accessible parking spaces. (2) The Accessibility Advisory Council shall consist of the following seven members, who shall be knowledgeable in the area of accessibility for persons with disabilities. The Secretary of Business and Professional Regulation shall appoint the following: a representative from the Advocacy Center for Persons with Disabilities, Inc.; a representative from the Division of Blind Services; a representative from the Division of Vocational Rehabilitation; a representative from a statewide organization representing the physically handicapped; a representative from the hearing impaired; a representative from the Pensacola Pen Wheels Inc. Employ the Handicapped Council; and a representative of the Paralyzed Veterans of America. The terms for the first three council members appointed subsequent to October 1, 1991, shall be for 4 years, the terms for the next two council members appointed shall be for 3 years, and the terms for the next two members shall be for 2 years. Thereafter, all council member appointments shall be for terms of 4 years. No council member shall serve more than two 4-year terms subsequent to October 1, 1991. Any member of the council may be replaced by the secretary upon three unexcused absences. Upon application made in the form provided, an individual waiver or modification may be granted by the commission so long as such modification or waiver is not in conflict with more stringent standards provided in another chapter. (3) Members of the council shall serve without compensation, but shall be entitled to reimbursement for per diem and travel expenses as provided by s. 112.061. (4) Meetings of the advisory council shall be held in conjunction with the regular meetings of the commission.
Florida Statute § 553.512 establishes a process through which the Florida Building Commission may grant individual modifications or exceptions to the state's accessibility construction requirements when strict compliance would create unnecessary, unreasonable, or extreme hardship. Any such waiver must not conflict with federal accessibility laws and must be reviewed by the Accessibility Advisory Council, a seven-member body appointed by the Secretary of Business and Professional Regulation. Certain requirements—particularly minimum widths of accessible routes and accessible parking spaces under § 553.5041—cannot be waived under any circumstances, and applicants seeking relief related to § 553.5041 must first exhaust local government variance processes before the commission will consider a waiver request.
Plain English — not legal advice.
Property owners and developers subject to Florida's accessibility construction standards should be aware that § 553.512 provides a formal waiver process if literal compliance with those standards would impose unnecessary, unreasonable, or extreme hardship. A compliant applicant generally submits the required fee along with a waiver request, demonstrates the nature of the hardship (including economic hardship under 28 C.F.R. § 36.403(f)(1) if applicable), and—when the request involves § 553.5041—first seeks and documents denial of any local zoning or subdivision variance. Operators should note that waivers for minimum accessible route widths and minimum accessible parking space widths under § 553.5041(5)(a) and (c)1. are categorically unavailable regardless of hardship claimed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and individuals with disabilities have an interest in § 553.512 because it governs when and how Florida's accessibility construction requirements can be relaxed, directly affecting the physical accessibility of housing and public accommodations. The Accessibility Advisory Council, composed of representatives from disability-advocacy organizations, reviews all waiver requests, providing a layer of oversight intended to protect the interests of people with disabilities. Those who believe a waiver has been improperly granted—or that a property fails to meet accessibility standards—may consider contacting a tenant-rights organization, a disability-rights advocacy group, or reviewing the Florida Building Commission's public records on waiver decisions under § 553.512.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
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Rules and statutes cited by this regulation
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