Florida Building Commission

Accessibility Advisory Council

March 21, 2012

Tallahassee, Florida

Call-In Number: 1.888.808.6959; Code: 2717224165

Webinar Participation URL: https://dbpr.nefsis.com/join.html?dn=HI6934

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Accessibility Advisory Council Objectives

Ř To Approve Regular Procedural Topics (Agenda and Minutes)

Ř To Decide on Accessibility Waiver Applications

Ř To Hear Public Comment

Ř To Identify Needed Next Steps


Meeting Agenda—Wednesday, March 21, 2012

All Agenda Times—Including Adjournment—Are Approximate and Subject to Change



Welcome and Opening, Roll Call

  2.) Review and Approval of Meeting Agenda


* Consider modifying agenda to include Allan Waserstein and remove Loews from consideration.



Review and Approval of Meeting Minutes for January 12, 2012  



Review of Applications for Waivers from Accessibility Requirements

1 Upside Down Fun House
1455 NW 107th Av,  Doral Fla, 33175
Application Staff Analysis

Key Auto Company

4660 Southside Blvd,  Jacksonville Fl 32256

Application Staff Analysis

CHJ Ventures LLC
7120 SW 47 St. Miami Fl, 33155

Application Staff Analysis
4 Loews
1601 Collins Av, Miami Beach Fl, 33139
Application Staff Analysis
5 Selby Gardens Application Staff Analysis



Public Comment







Staff Contact:       Mary-Kathryn Smith: mary-kathryn.smith@dbpr.state.fl.us ; 850.410.2598

Chip Sellers: chip.sellers@dbpr.state.fl.us ; 850.410.1568

On-Line Agenda URL: http://www.floridabuilding.org/fbc/meetings/1_meetings.htm

Council URL: http://www.floridabuilding.org/fbc/committees/accessibility/aac/1_aac.htm


Council Membership and Meeting Schedule


Advisory Council Membership



Jack Humburg (chair)

Paralyzed Veterans Association

Bob Gerwe

Statewide Organization Representing the Physically Handicapped

Julia Bluhm Kates

Division of Vocational Rehabilitation

Christian Masal

Division of Blind Services

Barbara Page

Advocacy Center for Persons with Disabilities

Catherine Powell

Council of Handicapped Organizations

William S. Riha

Representing Hearing Impaired


Leslie Anderson-Adams

Legal Advisor

Chip Sellers

Administrative/Technical Support

Mary-Kathryn Smith

Administrative/Technical Support


Jeff Blair

FCRC Consensus Center at Florida State University


2012 Meeting Schedule


January 18, 2012 (2:00 PM)

Tallahassee and via teleconference/web


March 21, 2012 (2:00 PM)

Tallahassee and via teleconference/web


May 30, 2012 (2:00 PM)

Tallahassee and via teleconference/web


July 25, 2012 (2:00 PM)

Tallahassee and via teleconference/web


September 26, 2012 (2:00 PM)

Tallahassee and via teleconference/web


November 19, 2012 (2:00 PM)

Tallahassee and via teleconference/web


2012 Application Deadline Schedule


Meeting Date

Application Submittal Deadline


January 18, 2012 Meeting

January 11, 2012


March 21, 2012 Meeting

February 15, 2012


May 30, 2012 Meeting

April 25, 2012


July 25, 2012 Meeting

June 20, 2012


September 26, 2012

August 22, 2012


November 19, 2012

October 15, 2012


Council’s Statutory Charge


Section 553.512, F.S. Modifications and Waivers; Advisory Council.

(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 President, Florida Council of Handicapped Organizations; 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.


History.—s. 3, ch. 78-333; s. 1, ch. 82-46; s. 2, ch. 83-265; s. 25, ch. 86-220; s. 5, ch. 89-97; ss. 1, 5, 6, ch. 91-172; s. 5, ch. 91-429; s. 2, ch. 93-183; s. 10, ch. 97-76; s. 68, ch. 2000-141; s. 61, ch. 2000-154; s. 13, ch. 2002-293; s. 30, ch. 2010-176; s. 412, ch. 2011-142.

Note.—Former s. 553.49.