Florida Building Commission

Accessibility Advisory Council

May 30, 2012

Tallahassee, Florida

Call-In Number: 1.888.808.6959; Code: 2059360213

 Web Participation URL: https://suncom.webex.com/suncom/j.php?ED=190378232&UID=1407437642&RT=MiMxMQ%3D%3D

TAC/POC Objectives

Ø To Approve Regular Procedural Topics (Agenda and Minutes)

Ø To Decide on Accessibility Waiver Applications

Ø To Hear Public Comment

Ø To Identify Needed Next Steps

Meeting Agenda— Wednesday, May 30, 2012

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

2:00 PM


Welcome and Opening, Roll Call



Review and Approval of Meeting Agenda



Review and Approval of Meeting Minutes, March 21, 2012



Review of Applications for Waivers from Accessibility Requirements
a.) Alan Waserstein, 1225 Collins Avenue, Miami Beach Application Staff Analysis
b.) Lotus Gun Range, 3556 N. W. Federal Highway, Stuart Application Staff Analysis
c.) Camilllus House Center Campus, 1603 N. W. 7th Avenue, Miami Application Staff Analysis
d.) Indian River Networking, 200 Ocean Avenue, Suite 201, Melbourne Beach Application Staff Analysis
e.) Restaurant Renovation, 1215 Thomasville Road, Tallahassee Application Staff Analysis
f.) Phi Mu Sorority House, 823 West Jefferson, Tallahassee Application Staff Analysis
g.) A1A Burrito, 608 S. Ocean Boulevard Drive, Flagler Beach Application Staff Analysis
h.) Medical Offices for Prevecare, 123 North Krome Avenue, Homestead Application Staff Analysis




Public Comment



Adoption of Recommendations for Submittal to the Commission





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

Jim Wollyhand

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.





FBC Teleconference Participation Process

(Adopted Unanimously October 14, 2008)



Ø  Facilitator will ask Commissioner or committee members to identify themselves.

Ø  Members will offer their names one at a time. To avoid confusion and to ensure accuracy, please wait until facilitator repeats and confirms a name before offering another.

Ø  Once attendance is complete, the agenda will be reviewed and approved by the Commission or Committee.

Ø  Commission or committee members should announce if they have to sign-off before the teleconference meeting is complete, to ensure a quorum and accurate count of votes.

Participant Etiquette

Ø  Background noise from participants is picked-up and amplified on the conference leader’s phone, especially if you are on a speaker-phone. Please refrain from sidebar conversations.

Ø  Please place your phone on mute, unless you are speaking, to cut down on ambient background noise.  Ensure your phone is muted if you leave the phone for any reason. Use the mute function on your personal phone, or the conference muting function as follows:

            *6 to mute and #6 to un-mute.

Ø  If your line creates a disturbance or has technical difficulties, the teleconference operator may be required to manually mute your line until the problem is resolved.

Ø  Do NOT place your phone on hold (your system’s background sound/music will play).

Discussion Process

Ø  Chair/Facilitator will introduce discussion item or presenter.

Ø  Presenter will provide overview of issue and recommendation(s) for Commission or committee action.

Ø  Hold questions until presentation is complete.

Ø  Once presentation is complete, Chair/Facilitator will ask if Commissioners or committee members have clarifying questions on the issue, create a speaker’s list, and call on members in-turn for clarification.

Ø  Chair/Facilitator will ask if anyone from the public wishes to discuss the issue or propose alternative options, create a speaker’s list, and call on participants in-turn for discussion.

Ø  Chair/Facilitator will ask if any Commissioner or committee member wishes to discuss the issue or propose alternative options, create a speaker’s list, and call on members in-turn for discussion.

Ø  Once clarification and discussion is complete, Chair/Facilitator will ask if a Commissioner or committee member wishes to make a motion on the issue.

Ø  Following a second for the motion, Chair/Facilitator will ask if there is any additional discussion.

Ø  If the motion involves an option the public has already provided input on, then the vote is taken following any additional Commission or committee discussion; if the proposed action (motion) is materially different from what was previously discussed, an additional opportunity is provided for public comment, and then the Commission or committee votes on the motion.