FBC Plenary Session

June 2, 2020

Accessibility Waivers:

Acting Chairman Schock advised that the Commission will now consider this month’s requests for accessibility waivers. He stated Justin Vogel will serve as legal counsel and present the Accessibility Advisory Council’s recommendations. Acting Chairman Schock asked that Mr. Vogel present the Council’s recommendations regarding waiver requests.

Okaloosa County Sheriff's Office Training Center – Waiver 449 - 325 Grimes Ave, Crestview 32536 - Issue: Vertical accessibility to the second floor.

Mr. Vogel presented the waiver. He advised that the Council recommended denying the request for a waiver as the project in question is new construction and the Petitioner is a Title II entity under the ADA. He advised the Commission that Title II status should not be included in the decision as the Commission is only addressing a Florida-specific requirement. He suggested that if the Commission felt it was appropriate to deny the petitioner, that it use the grounds given in the staff analysis, which were that the project was new construction and the petitioner had not demonstrated that the provisions of vertical accessibility would cause unnecessary, unreasonable, or extreme hardship.

Commissioner Schiffer entered a motion to deny the request for vertical accessibility based on the fact that the project in question is new construction. Commissioner Boyer seconded the motion. The motion passed unanimously with a vote of 25 to 0.

Florida Association of Rehabilitation Facilities – Waiver 456 - 1113 East Tennessee Street, Tallahassee 32308 - Issue: Vertical accessibility to the second floor.

Mr. Vogel presented the waiver. He advised that the Council recommended denying the request for a waiver for vertical accessibility to the second floor as it is economically feasible and should be made accessible. Mr. Vogel advised the Commission that the cost of compliance exceeds the 20 percent threshold established in the Code of Federal Regulations for alterations and adopted by the Florida Statute, so granting the waiver would appear to be required by Florida law in this case. He stated he did advise the Council there were no apparent legal grounds to deny this waiver, however, they chose to maintain their recommendation.

Connor Ross, Architect provided additional details on the waiver request.

Suzanne Sewell, applicant provided details on the actual purpose of the facility, advising no medical patients would be seen in this building, and noting that it is a headquarter office for facilities that are all over the state providing rehabilitation services to patients.

Commissioner Schilling entered a motion to grant the waiver for vertical accessibility to the second floor based on the grounds of economic hardship. Commissioner John seconded the motion. The motion passed unanimously with a vote of 25 to 0.

FBC Plenary Session

June 2, 2020

Request for Reconsideration of Waiver 449:

The petitioner for Okaloosa County Sheriff’s Office requested to be heard as they were unable to voice the request when the Chairman asked for their statements due to audio issues. Mr. Blair advised the Chairman that this could be completed after the remainder of the waivers were heard but there would need a motion to reconsider at that time.

Sunset Beach Suite Hotel – Waiver 450 - 4025 Indian Creek, Miami Beach 33139 - Issue: Vertical accessibility to the second floor.

Mr. Vogel presented the waiver. He advised that the Council recommended granting based economic hardship and historical significance.

Commissioner Schilling entered a motion to grant the waiver for vertical accessibility to the second floor based on the grounds of economic hardship and historical significance. Commissioner Goff seconded the motion. The motion passed unanimously with a vote of 25 to 0.

Normandy Hotel – Waiver 416 - 6979 Collins Ave, Miami Beach 33014 – Issue: Vertical accessibility to all 4 levels.

Mr. Vogel presented the waiver. He advised that the Council recommended granting based on the grounds of historical significance.

Commissioner Schilling entered a motion to grant the waiver for vertical accessibility to all four levels based on the grounds of historical significance. Commissioner Schiffer seconded the motion. The motion passed unanimously with a vote of 25 to 0.

333 Jefferson Holdings, LLC – Waiver 453 - 333 Jefferson Avenue, Miami Beach 33129 – Issue: Vertical accessibility to the second floor.

Mr. Vogel presented the waiver. He advised that the Council recommended granting based on the grounds of economic hardship.

Commissioner Schilling entered a motion to grant the waiver for vertical accessibility to the second floor based on the grounds of economic hardship. Commissioner Schiffer seconded the motion. The motion passed unanimously with a vote of 25 to 0.

FBC Plenary Session

June 2, 2020

Reconsideration of Okaloosa County Sheriff's Office Training Center – Waiver 449:

Commissioner Brown entered a motion to reconsider waiver 456 to hear the applicant’s comments. Commissioner Goff seconded the motion. The motion passed with a vote of 20 in favor and 5 opposed.

Mr. Vogel presented the waiver information again for the Commission.

Steve Schmidt, Okaloosa County provided detail on exceptions in the law and the purpose of the second floor of this facility.

Sheriff Larry Ashley, Okaloosa County addressed the Commission with specific information on the activities that will be taking place on the second floor as well as the 4 to 5 positions that would possibly have an office on the second floor.

Commission clarification:

Commissioner Brown stated based on the information provided he would be in favor of granting the waiver, as the requirement to provide vertical accessibility would not be necessary in this case.

Commissioner Compton stated it is new construction and he would be against granting the waiver.

Acting Chairman Schock asked if there were alternate locations for any training that would be offered to a handicapped individual.

Commissioner Schilling stated it is new construction and was concerned what would occur if change of use occurred 6 months from now.

Commissioner Schiffer inquired about the Title II issue.

Mr. Vogel stated that the Commission should focus only on the Florida-specific requirements.

Commissioner Brown entered motion to grant the waiver based on the grounds that requiring the provision of vertical accessibility would cause unnecessary and unreasonable economic hardship. Commissioner Gilson seconded the motion. There was a roll call vote performed, the motion passed with a vote of 22 in favor and 3 opposed.