Case 4:16-cv-00047-WS-CAS Document 1 Filed 01/26/16 Page 1 of 123

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA
Tallahassee Division

DISABILITY RIGHTS FLORIDA, INC.,

Plaintiff,

v.

Case No.

JULIE JONES, in her official capacity as Secretary of the Florida Department of Corrections,

Defendant.
__________________________________________

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

1. The Florida Department of Corrections (FDOC) consistently violates the federal

laws protecting people with disabilities who are incarcerated in the Florida prison system.

These violations exclude Florida prisoners from numerous FDOC programs, services, and

activities, and cause them to suffer from the humiliation, indignity, and difficulties that

accompany such exclusion. Plaintiff Disability Rights Florida, Inc., the federally designated

Protection and Advocacy Agency for the state of Florida, brings this action under the Americans

with Disabilities Act, the Rehabilitation Act, the Eighth Amendment, and the Due Process

Clause, to redress the FDOC’s pattern and practice of statutory and constitutional violations

against prisoners with disabilities.

Jurisdiction and Venue

2. This Court has jurisdiction pursuant to 28 U.S.C. § 1331 in that this is a civil

action arising under the Constitution of the United States, and pursuant to 28 U.S.C. § 1343(a)(3)

in that this action seeks to redress the deprivation, under color of state law, of rights secured to

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the Plaintiff by the Constitution and laws of the United States. 3. Plaintiff’s claims for relief are predicated, in part, upon 42 U.S.C. § 1983, which
authorizes actions to redress the deprivation, under color of state law, of rights, privileges, and immunities secured by the Constitution and laws of the United States. Plaintiff’s claims are also brought pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, and the Rehabilitation Act (RA), 29 U.S.C. § 794.
4. Declaratory and injunctive relief are authorized by 28 U.S.C. §§ 2201 and 2202, as well as Federal Rule of Civil Procedure 65.
5. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and 1391(c), as Defendant does business in this judicial district and many of the events or omissions giving rise to the claims occurred in this judicial district.
Parties 6. Plaintiff Disability Rights Florida, Inc. (DRF) is a not-for-profit corporation serving as Florida’s federally funded Protection and Advocacy agency for individuals with disabilities, and serves as such by Executive Order signed by the Governor of Florida. Among other things, DRF is authorized to “pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of individuals within the State who are or who may be eligible for treatment, services, or habilitation….” 42 U.S.C. § 15043(a)(2)(A)(i)f. 7. Defendant Julie Jones is the Secretary of the Florida Department of Corrections (FDOC), and is sued in her official capacity. References to the FDOC herein also refer to Defendant Jones. Defendant Jones is responsible for the operation of Florida’s prison system, including compliance with the Constitution and federal laws. Defendant Jones has statutory
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authority to implement the relief sought in this Complaint. See Fla. Stat. § 20.315. 8. The FDOC is a public entity under Title II of the ADA, and receives federal
financial assistance within the meaning of the RA, and has at all relevant times. 9. At all relevant times, the actions of Defendant and her agents were state action
and were taken under color of state law. All staff members mentioned herein were employees or agents of Defendant and acted within the scope of their employment or agency at all relevant times.
10. Plaintiff has no adequate remedy at law. Unless enjoined by this Court, Defendant will continue to subject the prisoners in its custody to violations of their statutory and constitutional rights.
Factual Allegations Plaintiff Disability Rights Florida, Inc.
11. Congress has created a nationwide Protection and Advocacy (P&A) System to protect the legal and human rights of people with disabilities. See 29 U.S.C. § 794e. Each state has a designated P&A organization; Plaintiff Disability Rights Florida (DRF) serves as the P&A for the state of Florida. DRF has authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of people with disabilities. 29 U.S.C. § 794e(f)(3); 42 U.S.C. § 15043(a)(2)(A)(i)f.
12. DRF has standing on behalf of its constituents and clients who are substantially affected by Defendant’s noncompliance with constitutional and statutory protections because such noncompliance falls within DRF’s general scope of interest and activity; the relief requested—declaratory and injunctive—is the type of relief appropriate for DRF to receive on behalf of its individual constituents; and neither the claims asserted nor the relief requested
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require the participation of individual members or constituents in the lawsuit. 13. DRF’s constituents have suffered injury—and continue to suffer injury—that
would allow them to have standing to sue in their own right. The interests DRF seeks to protect are germane to DRF’s purpose.
14. DRF has a multi-member board of directors that includes persons with disabilities.
15. DRF has an advisory council composed of people with disabilities who have significant input into the goals and objectives of the organization.
16. DRF provides the opportunity for the public, including its stakeholders, to comment on its goals and objectives.
17. DRF has a grievance procedure that complies with federal requirements and ensures that individuals receive necessary services.
18. One of DRF’s primary responsibilities is to investigate the failure of public entities to comply with the ADA, RA, and other laws protecting DRF’s members, clients, and constituents.
19. People with physical disabilities—among DRF’s constituents—are on DRF’s board of directors. DRF represents people with physical disabilities and provides the means by which they express their collective views and protect their collective interests.
20. Many persons with disabilities who are incarcerated in the FDOC system, including many described below, have complained to DRF about the FDOC’s failure to comply with the ADA, RA, and other laws protecting DRF’s constituents. DRF has used, and continues to use, its resources to investigate these violations.
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FDOC’s Systemic Violations of Laws Protecting People with Disabilities 21. The FDOC systematically violates the federal laws protecting persons with
disabilities in its custody. This includes but is not limited to prisoners who are deaf, hard of hearing, blind, have low vision, and have mobility impairments. The FDOC has violated, and continues to violate, the ADA, RA, Eighth Amendment, and Due Process Clause in the following ways. This is not an exhaustive list.
a. Failure to Provide Qualified Interpreters. The FDOC fails to provide qualified interpreters to deaf and hard of hearing prisoners in critical situations such as orientations, medical and mental health appointments, disciplinary hearings, classification reviews, religious services, educational programs, and court hearings held by phone. If a prisoner knows sign language, FDOC policy requires a sign language interpreter for extended health care visits, and even prohibits the consideration of less effective alternatives. But the FDOC repeatedly violates its own policy by not providing interpreters at all. When “interpreters” are provided, they often consist of other prisoners or untrained FDOC staff, compromising the confidentiality of these critical interactions. This failure results in many deaf or hard of hearing prisoners being unable to communicate, participate, or understand what is happening during these interactions.
b. Failure to Provide Auxiliary Aids and Services. The FDOC fails to provide prisoners with physical disabilities with appropriate auxiliary aids and services such as hearing aids, modified headphones, vibration alert devices, visual signaling devices, closed or open captioning, television transmitters, assistive listening devices, and specialized radios, which would allow these prisoners to access FDOC
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programs, services, and activities. The FDOC allows prisoners to go long periods without them. The FDOC also has a policy of only replacing hearing aids every four years, and only permitting prisoners to possess one hearing aid at a time, regardless of the prisoner’s level of hearing loss. The FDOC also operates under the false stereotype that once a prisoner is given a hearing aid, his or her hearing is restored to perfect levels; the FDOC then refuses to provide any further accommodations even if the prisoner needs them. For prisoners with visual disabilities, the FDOC fails to provide text-to-speech software or qualified readers that would allow access to the library and other written materials. The FDOC also fails to provide prisoners with qualified assistants; when such assistants are provided, the FDOC fails to ensure that they are properly vetted and trained, and fails to ensure they are completing their responsibilities effectively. The FDOC also does not allow prisoners with low vision to have special devices if the prisoner has any vision whatsoever, again operating under the false stereotype that no further accommodations are required unless a prisoner is completely blind. c. Failure to Provide Effective Telecommunications Access. The FDOC fails to provide deaf and hard of hearing prisoners with effective telecommunications access. Communication with friends and family is critical for incarcerated people, but deaf or hard of hearing prisoners cannot use a typical voice phone, and require accommodations to communicate with loved ones. However, many prisons have no such accommodations, and the ones that do often prevent prisoners from using them. Although some prisons have teletypewriters (TTY),1 many do not. When they do
1 A teletypewriter (TTY) is an archaic device that allows the users to type messages back and forth instead of speaking. A TTY user can communicate with a person using a voice telephone via a relay service, which is a third party
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exist, they are frequently broken, inaccessible, or are not made available in the same manner as the voice phones for the non-deaf prisoners. The TTY calls also result in higher charges for prisoners’ families, and the TTYs often cannot make calls to certain numbers, such as the abuse hotline. Moreover, the most effective and current technology for people who can sign is a videophone, which allows the deaf person to communicate quickly and effectively through signing, and allows the party receiving the call to effectively participate in the call through a video relay interpreter. But the FDOC does not provide videophones. As of result of these failures, many deaf or hard of hearing prisoners have been unable to communicate with their loved ones and attorneys. d. Failure to Alert Prisoners with Hearing Disabilities. Deaf and hard of hearing prisoners cannot hear the announcements for critical events such as counts, meal times, medical and legal call-outs, recreation time, and others. The FDOC fails to provide alerts such as flashing lights or vibrating watches to effectively communicate with deaf and hard of hearing prisoners. As a result, these prisoners often miss these events, and are subject to discipline for failing to obey verbal orders. e. Failure to Maintain Wheelchair Accessible Facilities. The FDOC fails to ensure that prisoners using wheelchairs are housed in areas that are fully wheelchair accessible, thus preventing those persons from receiving equal and meaningful access to programs, services, and activities such as bathrooms, showers, recreation areas, and
intermediary that relays the messages back and forth between the parties by typing and speaking. TTYs are based on 50-year-old technology, and are not used anymore in the vast majority of settings. Currently, Idaho, Kentucky, Maryland, Vermont, Virginia, and Wisconsin provide videophones in prisons.
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dining halls. For example, prisoners using wheelchairs are frequently housed in dorms with only one wheelchair-accessible bathroom and shower, resulting in long wait times and inequitable access to these facilities. Many times the accessible shower—unlike the other showers—is exposed to the dorm, providing no privacy to the user. Shower chairs and wands are frequently broken. Dining halls have insufficient wheelchair-accessible seating, resulting in long wait times. Finally, many prisons do not have wheelchair-accessible outdoor recreation facilities, preventing wheelchair users from accessing them. f. Failure to Provide and Maintain Wheelchairs and Assistants. The FDOC fails to provide wheelchairs to prisoners who need them for mobility. When it does provide wheelchairs, it fails to maintain them or provides the wrong size, thus rendering them inoperable. The FDOC also fails to ensure that prisoners with wheelchairs have assistants to help them move about the prison compound. When such assistants are provided, they are oftentimes insufficiently vetted and trained, and the FDOC fails to ensure that they are properly completing their duties. The result is that prisoners with limited mobility are excluded from FDOC programs, services, and activities, and are denied the minimal necessities of civilized life. g. Failure to Allow and Maintain Prosthetic Devices. The FDOC often takes away prisoners’ prosthetic devices upon arrival to the FDOC system. Prisoners are sometimes given an inadequate substitute such as a pair of wooden crutches, which results in the prisoner losing mobility and being excluded from FDOC programs, services, and activities, and being denied the minimal necessities of civilized life. For those prisoners who are allowed to keep their prosthetic devices, the FDOC does
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not repair or replace them when broken. h. Exclusion from Jobs and Programs. The FDOC prohibits otherwise qualified
prisoners with disabilities from participating in jobs and programs because of their disabilities. For instance, many deaf prisoners have been prohibited from working in prison industry programs or other jobs because they are deaf. i. Imposing Surcharges for Aids, Services, and Accommodations. The FDOC imposes illegal surcharges on prisoners with disabilities to cover the cost of measures that FDOC is required to provide to ensure nondiscriminatory treatment. For example, the FDOC requires prisoners to schedule a medical appointment to obtain or renew passes for wheelchairs, hearing aids, and other auxiliary aids, and each medical appointment requires the prisoner to pay a $5 copayment. Moreover, the FDOC requires prisoners to pay for certain auxiliary aids and services such as amplifiers, assistive listening devices, cup-style headphones, radio equipment, and others, even though FDOC policy requires that they be provided at FDOC expense. j. Engaging in Retaliation and Interference. FDOC staff routinely retaliate against prisoners who assert their disability related rights. Prisoners are threatened to stop filing grievances, and their property is unfairly confiscated for doing so. FDOC staff interfere with prisoners’ exercise of their ADA rights by warning them not to report ADA violations. k. Failure to Give Primary Consideration. The FDOC routinely fails to give primary consideration to the requests of individuals with disabilities in determining what types of auxiliary aids and services are necessary and effective. In fact, the FDOC rarely seeks any input at all from prisoners with disabilities in making that
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determination. l. Failure to Train Personnel on the Requirements of Federal Disability Laws. The
FDOC has left much of the responsibility for complying with federal disability laws in the hands of its line staff. However, staff have not been properly and rigorously trained on the correct application of these laws. This results in many necessary accommodations being denied or delayed. Examples of FDOC’s Failures 22. All persons described herein are qualified individuals with a disability, in that they, with or without reasonable modifications to rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services; meet the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the FDOC. 23. The FDOC knows that the individuals described herein are qualified individuals with disabilities. 24. All persons described herein have, by reason of their disability, been excluded from participation in or been denied the benefits of the services, programs, or activities of the FDOC, or have been subjected to discrimination by the FDOC. 25. All persons described herein suffer from serious medical needs. 26. The events described herein are not isolated incidents; they are but some examples of the FDOC’s failure to comply with federal laws protecting people with disabilities. 27. These violations will continue unless enjoined by this Court.
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Prisoners Who Are Deaf or Hard of Hearing Kevin Stephans 28. Kevin Stephans was incarcerated in the FDOC system from October 2013 to October 2015. He is deaf, which substantially limits one or more major life activity, including but not limited to hearing. He requires the use of hearing aids in both ears. His primary method of communication is American Sign Language (ASL).2 With his hearing aids, Mr. Stephans is able to speak and is somewhat able to hear. However, Mr. Stephans’s first language is ASL and he rates his English literacy at a 6th or 7th grade level. Mr. Stephans does not understand more complicated English words, and writing is difficult for him. 29. During his incarceration, Mr. Stephans was frequently forced to serve as an “interpreter” for other inmates at medical appointments and other critical proceedings, even if he did not want to do so, compromising the confidentiality of the proceedings and potentially violating the Health Insurance Portability and Accountability Act (HIPAA), and creating possible security risks. 30. Failure to Provide Qualified Interpreters. When Mr. Stephans first arrived to the FDOC in October 2013, he had a series of medical and psychological screenings at Central Florida Reception Center (CFRC), an FDOC prison. No ASL interpreter was provided to him, and he could therefore not adequately communicate with the nurses. The nurses attempted to communicate with him by writing notes, but they were ineffective. 31. While at CFRC, on October 4, 2013, Mr. Stephans filed a Reasonable Modification or Accommodation Request (RMAR). He wrote, “cannot hear instructions. Do not
2 American Sign Language (ASL) is a language composed of hand gestures, facial expressions, and body movements. It is the predominant sign language used in the United States. Although many ASL signs are borrowed from English words, ASL is not a word-for-word translation of any particular spoken language, and does not follow English grammar rules.
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understand what I am being told. Getting in trouble because I cannot follow instructions[,] I cannot hear.” He asked for an ASL interpreter to assist him and to be provided with hearing aids. His request was denied, and the FDOC staff member wrote on the response, “[Inmate] cannot request accommodation until permanent status.”
32. Compounding the problem, for the 22 days Mr. Stephans was at CFRC, both of his hearing aids were not functioning because the batteries were not working and he was refused working batteries. Mr. Stephans was transferred to Marion Correctional Institution on October 23, 2013, and still he did not receive batteries until three months later, around January 2014.
33. Mr. Stephans was never provided with an interpreter at Marion C.I. for medical, psychological, and classification appointments. Mr. Stephans has also been denied an interpreter at religious services.
34. While at Marion, Mr. Stephans attended GED classes for twelve months. He was not provided an ASL interpreter for the classes. On April 21, 2014, Mr. Stephans filed a grievance requesting an ASL interpreter for his GED class and also for a class on fatherhood. FDOC’s response was to “advise the Education Supervisor regarding this [] issue.” However, nothing was done. Because he was unable to make any progress without an interpreter, Mr. Stephans dropped the course and was not able to earn his GED.
35. In June 2015, Mr. Stephans attended a transitional skills class that is mandatory for prisoners being released. Though he asked for an interpreter, no interpreter was provided to him. Mr. Stephans was given a book for the class, which he only partially understood. Nothing about Mr. Stephans’s release from prison was explained to him in a way he could understand; he was not provided an ASL interpreter to communicate to him information about his release and what would be required of him following his release.
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36. Because staff at Marion C.I. have refused to provide qualified ASL interpreters for deaf prisoners, Mr. Stephans became the de facto interpreter, despite him not being a certified ASL interpreter, his limitations with English, and his inability to hear. While incarcerated, Mr. Stephans was asked to interpret on a near-daily basis and was also routinely ordered to interpret for deaf prisoners at their medical appointments. Mr. Stephans was once threatened with a Disciplinary Report (DR) if he did not interpret.
37. On March 25, 2014, Mr. Stephans filed a formal grievance complaining that another inmate, Michael Boggs, did not have an ASL interpreter at a recent medical appointment, and that the nurse was rude to him. Mr. Stephans observed this himself because he had been ordered to “interpret” at the appointment. The grievance was denied on April 16, stating in part, “Interpreter services are not required for sick call.”
38. In June 2015, Mr. Stephans received a DR for an incident that occurred while he was sleepwalking. At the hearing, Mr. Stephans was not provided with an ASL interpreter and, thus, could not adequately defend himself against the DR.
39. The FDOC failed to give primary consideration to Mr. Stephans’s request for interpreters.
40. Failure to Alert Prisoners with Hearing Disabilities. On April 23, 2014, Mr. Stephans filed a grievance asking the officers in the dorm to flash the lights when announcing such activities. The FDOC responded on May 9, 2014, stating that the matter had been discussed, and that staff would be notified of the need to accommodate the population.
41. Following his grievance, some officers have started to flash lights but others do not. Moreover, officers generally do not announce in writing to deaf and hard of hearing prisoners what they are verbally ordering. As a result, Mr. Stephans has missed meals and head
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counts. 42. In addition, instead of being woken up by an adequate announcement, flashing
lights, or vibrating watch, Mr. Stephans was woken up every morning by an officer roughly kicking his bed.
43. The FDOC failed to give primary consideration to Mr. Stephans’s request for adequate alerts.
44. Failure to Provide Effective Telecommunications Access. On October 29, 2013, Mr. Stephans filed a formal grievance complaining that the TTY phone did not connect with family members, and asked for the FDOC to install video phones. It was returned without action.
45. In November and December of 2013, the TTY phone at Marion was not working. Mr. Stephans filed five grievances concerning FDOC’s failure to provide him with a working TTY; the responses stated that the TTY should be working and that Securus, the company that contracts with the FDOC to operate the inmate phone system, had been notified.
46. Compounding the problem, in December 2013, Mr. Stephans and the other hearing impaired inmates in his dorm were repeatedly denied physical access to the TTY phone. The phone was located in the officers’ station, and officers were not permitting inmates to use the phone when requested. Mr. Stephans filed a grievance about this on December 15, 2013. The response was that the issue was being investigated and would be taken care of.
47. In April 2014, Mr. Stephans grieved three times that he was unable to use the prison TTY to communicate with deaf family members who were also TTY users, and was also unable to communicate with deaf family members who were videophone users. Nothing was done and Mr. Stephans grieved the TTY-to-TTY issue again in May, June, July, and August.
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Mr. Stephans appealed the denial of his grievances in September. 48. On March 6, 2014, Mr. Stephans filed a grievance complaining about the high
costs of the TTY phones. He filed at least fourteen grievances on the high costs of the TTY, emphasizing that TTY users are doubly burdened, because the cost per minute is higher than the voice phone and TTY calls are inherently longer due to the slowness of the relay service.
49. On May 12, 2014, Mr. Stephans filed a request, complaining that they only had 15 minutes to use the TTY phone, and asking for the time to be extended. The response stated that he would be provided with the amount of time allotted by the policy.3
50. The FDOC maintains a TIPS line, which is a toll free number that prisoners can call to anonymously report sexual assaults or other problems. On December 23, 2013, Mr. Stephans filed a grievance complaining that he could not dial this number on the TTY phone. The grievance was returned, stating that Tallahassee was working on it. In March 2014, Mr. Stephans filed a complaint with the Inspector General’s Office, stating that are multiple deaf or hard of hearing inmates at Marion that cannot make complaints on the TIPS line through the TTY. On March 14, he was interviewed by an investigator from the Inspector General’s Office. No ASL interpreter was provided at this interview, and the interview was conducted with the aid of writing questions and answers. The Inspector General’s Office referred the issue to “management.”
51. In March 2014, Mr. Stephans also filed a grievance complaining that the TTY phone did not allow calls made to the TIPS line. The FDOC responded on April 21: “The TIPS line currently does not work with the TTY and Tallahassee is aware of this situation and are
3 There is actually a conflict in FDOC policy on this point. The Florida Administrative Code provision limits TTY calls to 30 minutes, which is double the time allotted for the voice phone. See F.A.C. 33-602.205(2)(e) & 15(b). But the FDOC Procedure on ADA provisions allows TTY calls to be three times as long as voice calls. See FDOC Procedure 604.101(3)(b).4.b.v (page 10).
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attempting to rectify it.” On April 21, 2014, Mr. Stephans filed another grievance complaining that the TIPS line could still not be called on the TTY phone. The grievance was approved on May 9, passing on instructions from Securus on how to dial the TIPS line.
52. While FDOC eventually provided access to the TIPS line for TTY users, a poster with instructions on how to access the TIPS line from the TTY was taken down in mid-2015.
53. Engaging in Retaliation and Interference. Mr. Stephans was threatened by security staff because he complained about having to serve as an interpreter for other prisoners. The staff member threatened him with a Disciplinary Report if he did not comply.
David Stanley 54. David Stanley is incarcerated in the FDOC system and was at all relevant times.
He has neurosensorial hearing loss in both ears, which substantially limits one or more major life activity, including but not limited to hearing. He can hear some sounds, but can only understand people talking if he’s looking directly at their face. He can read lips, but not very well. He can sign the manual alphabet but does not know ASL very well. He requires the use of two hearing aids to be able to effectively access the programs, services, and activities of the FDOC.
55. Failure to Provide Auxiliary Aids and Services. For years, the FDOC has failed to provide Mr. Stanley with his needed hearing aids, and has subjected him to a years-long campaign of false information and unnecessary obstacles that prevented him from promptly receiving an operable hearing aid. In July 2009, his hearing aid was sent out for repair, and for much of the time since he has been without one. He initially grieved the issue in August 2009, complaining that he could not hear other inmates and staff. The response stated that his hearing aid was beyond repair and that he was going to be sent to Reception and Medical Center (RMC) for a new hearing aid fitting. At some point he received a new hearing aid, but in June 2010 the
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battery died. He submitted a grievance about it, and he was told that batteries were being ordered.
56. In October 2011, Mr. Stanley’s left hearing aid broke. Mr. Stanley did not receive another left hearing aid for nearly three years. While waiting to receive a new, left hearing aid, Mr. Stanley’s right hearing aid malfunctioned several times, leaving him completely without hearing for periods as long as 35 days. In January 2012, he saw a hearing aid specialist to be fitted for a new left hearing aid. By March, Mr. Stanley had not received it, so he filed a grievance. The response was that someone would look into it. In April, he filed a request asking for a status update. He was again told that someone would check on it.
57. Another audiology consult was requested in May 2012. In June, Mr. Stanley filed another grievance about the issue. By June 22, the FDOC could still not figure out whether Mr. Stanley had received his hearing aid: A notation was made by an FDOC employee at Utilization Management (UM), asking if Mr. Stanley had a hearing aid. Another note was entered on July 24, confirming that Mr. Stanley did not have his hearing aid that was issued in 2010, and indicating a call had been placed to the prison to verify his story. The employee then denigrated the credibility of all prisoners: “The fact ‘he says this’ ‘he says that’ is not worth anything in the grand scheme of things. . . . AS we know, I/M’s [inmates] are not reliable.”
58. On June 28, 2012, Mr. Stanley filed yet another grievance asking about his hearing aid. The response stated that the doctor said the hearing aid was too old to be repaired, and they thought Mr. Stanley already had a hearing aid. He appealed this decision, informing them that he in fact did not have his hearing aid, but the FDOC still did not believe him. The grievance was denied in July, stating: “all documentation suggests you were given back your hearing aid, issued in 2010, while at FSP. Hearing aids are only issued ever[y] 4 years.”
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59. Mr. Stanley continued to raise the issue, and in September 2012 a staff member at Tomoka emailed an employee at UM to say that that doctor confirmed that his right hearing aid was damaged beyond repair and needed replacement. That request was denied.
60. In October 2012, Mr. Stanley filed another request for the status of his hearing aid. In November he was given the same response that defied reality: “Beltone states the hearing aid you went with was too old for repair. You were also given one in 2012.” He appealed, noting that he did not receive a hearing aid in 2012, and that the one he gave the medical department had not been returned. It was denied, saying he was not eligible for another hearing aid at that time. He appealed, which was also denied in December, stating: “You have previously been advised you do not meet the criteria for another hearing aid at this time. Ms. Papp spoke with FSP and they advised they did not have your hearing aid, nor did they send it out for repair.”
61. On December 3, 2012, Mr. Stanley was called to the medical department, and the nurse told him to submit a request to be sent to RMC to be fitted for a new hearing aid tube. He did so on December 6. The response said to watch the call out list and bring the hearing aid with him. But when he showed up for the call out, no one was there. He filed a request on December 17, pointing this out. The response was that he was scheduled to discuss the matter on December 20. In the interim, he appealed the initial response. The appeal was denied on January 29, 2013, stating, “It is the responsibility of the CHO [Chief Health Officer] to determine the appropriate treatment regimen for the condition you are experiencing including passes and assignment of a hearing aid.”
62. By April 2013, nearly two years after his hearing aid broke, he had still not been to RMC for the fitting, and submitted yet another request. The response was that he had to see a
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physician so a consult could be completed, and instructed him to access sick call. He appealed. The appeal was denied. On April 22, he filed a formal grievance. It was denied with similar language. He appealed again, and the final denial came on June 13, 2013.
63. Mr. Stanley immediately filed a Reasonable Modification or Accommodation Request asking for a hearing aid. It was denied on June 29, instructing him to access sick call. He appealed, saying he already went to sick call. The appeal was denied on August 5. Mr. Stanley appealed again. Finally, on October 25, the appeal was approved, saying he would be seen by an audiologist for a hearing aid evaluation, giving the institution 30 days to implement the action.
64. Predictably, the institution did not comply. On December 1, 2013, Mr. Stanley filed Emergency Grievance to the Secretary because he still had not seen audiologist. It was returned without action on January 3, 2014.
65. Mr. Stanley finally saw a hearing aid specialist on December 30, 2013, over three years since his hearing aid broke. The specialist told him that his hearing aid would be ready in 2-4 weeks. Of course, four weeks came and went without a hearing aid. On March 30, 2014, he filed a request asking about it. The institution responded, saying they were waiting for RMC, stating “This takes a long time, unfortunately.” On April 4, 2014, he submitted a grievance explaining that he had been waiting for his hearing aid to come back from repair since 2011. The response accused him of filing a duplicate grievance. He appealed, and response stated that medication renewal was not automatic, and that he would have to access sick call. He appealed again, and the final response came on June 9, 2014, advising him that his appointment at RMC had been rescheduled. That same day, Mr. Stanley was permitted to go to RMC to obtain his left hearing aid.
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66. After obtaining his left hearing aid, Mr. Stanley sought to have his right hearing aid repaired on June 24, 2015. He submitted it to medical staff at Tomoka to repair the volume control and circuit board. Mr. Stanley received his right hearing aid back a full month later, on August 25, 2015, and the volume control was still broken, which makes the device ineffective.
67. Numerous other prisoners have undergone similarly long and unjustified delays in attempting to obtain hearing aids and other assistive devices.
68. In January 2015, Mr. Stanley filed a grievance asking for hearing amplifiers. Mr. Stanley would like to have hearing amplifiers to assist him with hearing, particularly when his hearing aids go out for repair for months at a time. Mr. Stanley did not receive a response to his grievance.
69. The FDOC failed to give primary consideration to Mr. Stanley’s request for hearing aids and other devices.
Ray Spears 70. Ray Spears is incarcerated in the FDOC system and was at all relevant times. He is deaf and cannot communicate verbally with spoken English, which substantially limits one or more major life activity, including but not limited to hearing and speaking. His primary method of communication is ASL. Mr. Spears cannot write in English and can only partially read English. Mr. Spears has been forced to seek the assistance of other prisoners to write grievances for him. 71. Failure to Provide Qualified Interpreters. Since 2003, Mr. Spears has been incarcerated at South Florida Reception Center, Okaloosa Correctional Institution, Dade Correctional Institution, and Tomoka Correctional Institution. Although he has had many medical, classification, and mental health appointment at these prisons, he was very rarely
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provided with an interpreter. Occasionally, staff attempted to communicate with him by writing notes, but Mr. Spears could only partially understand what was being communicated to him.
72. Mr. Spears has been experiencing back pain for the last four years. Because he has never been provided with a qualified interpreter at his medical appointments during this time, Mr. Spears was reduced to communicating with Tomoka medical staff by pointing to where the pain is and making a face. Because of the communication barrier, medical staff have been unable to diagnose or treat Mr. Spear’s medical problem. Mr. Spears went to sick call several times to try to get treatment for this problem, but became frustrated because medical staff couldn’t understand him so he stopped going.
73. Mr. Spears attends church and no qualified ASL interpreter is provided for him. Once a month, a volunteer comes to conduct the service in ASL; however, on days when the volunteer is absent, Mr. Spears cannot understand the church service.
74. Mr. Spears would like to learn how to read English better and would like to learn how to write English. Mr. Spears would attend and would have attended educational programing while in prison if a qualified interpreter was available.
75. The FDOC failed to give primary consideration to Mr. Spears’s request for interpreters.
Michael Boggs 76. Michael Boggs is incarcerated in the FDOC system and was at all relevant times. He is deaf and cannot communicate verbally with spoken English, which substantially limits one or more major life activity, including but not limited to hearing and speaking. His primary method of communication is ASL. FDOC knows that Mr. Boggs is deaf and is in need of services related to his disability. For instance, Mr. Boggs’ Classification Summary, dated
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January 12, 2012, states that, “Inmate is deaf and does not read lips” and his February 2, 2012 Health Services Profile notes that Mr. Boggs is in need of impaired inmate services.
77. Failure to Provide Qualified Interpreters. Mr. Boggs was processed at Central Florida Reception Center (CFRC) in 2012. He was not provided with an ASL interpreter during that processing, and therefore did not understand what he was told.
78. Mr. Boggs was assaulted by other prisoners while at CFRC. When he attempted to get medical help following his assault, without an ASL interpreter, medical staff at CFRC refused to treat his injuries. Medical staff wrote down notes to him communicating that nothing was wrong with him. Officers laughed at Mr. Boggs when he tried to correct the medical staff. There was not effective communication at the medical appointment.
79. Mr. Boggs was transferred from CFRC to Marion C.I. in 2012. Mr. Boggs has not been provided with a qualified ASL interpreter for classification appointments at Marion. In order to communicate, he passes notes during such appointments, which are not effective.
80. Mr. Boggs has not been provided with a qualified interpreter at church. He still attends church but is limited to watching the services and cannot fully participate due to the lack of an interpreter.
81. Mr. Boggs has also not been provided with qualified interpreters at his medical and dental appointments at Marion. Medical staff write notes to communicate with him but Mr. Boggs doesn’t understand their writing. Dental work is painful for Mr. Boggs, in large part because he cannot express his pain level to the dentist. Mr. Boggs avoids going to the dentist because of these issues.
82. Mr. Boggs suffers from pain in his back, head, and teeth, which is not being treated by medical staff at Marion. Mr. Boggs’s back has been hurting him since December
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2012, when he lifted something heavy, felt severe pain in his back, and couldn’t move or walk for some time. Mr. Boggs routinely pays $5 to go to sick call to seek treatment, and finds that the medical staff cannot communicate with him or treat him. Often, medical staff do not even attempt to communicate with Mr. Boggs and chat with the officers instead of communicating with him. Mr. Boggs goes to sick call every month despite the communication barriers because he doesn’t want his injuries and medical issues to be left untreated. However, Mr. Boggs is denied treatment due to the failure to provide an ASL interpreter for him.
83. In July 2012, Mr. Boggs began attending GED classes at Marion Correctional Institution. He wanted to earn his GED because it was a prerequisite to the electrician’s course at Marion. When he first enrolled in the classes, an outside volunteer who was learning ASL assisted Mr. Boggs for four or five months. The volunteer left in fall of 2012.
84. Mr. Boggs went an entire year without being provided an interpreter for his GED classes, despite repeatedly requesting one. He did not understand the instructor who was speaking to him without an interpreter and was even reprimanded for not following directions that he couldn’t understand.
85. On July 16, 2013, Mr. Boggs was issued a Disciplinary Report (DR) for Disobeying an Order. He was not provided with an ASL interpreter at the hearing for the DR. He was punished with 30 days probation and lost eight days of gain time.
86. The FDOC failed to give primary consideration to Mr. Boggs’s request for interpreters.
87. Failure to Provide Auxiliary Aids and Services. Mr. Boggs requires two hearing aids. One broke in 2014 while Mr. Boggs was incarcerated at Gainesville Work Camp. Mr. Boggs went to sick call, filled out a form, and was charged $5 to have the hearing aid fixed. Mr.
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Boggs did not receive his hearing aid back for six months. However, once returned the hearing aid still did not work, and when Mr. Boggs attempted to use it, he got a headache. FDOC failed to provide Mr. Boggs with a follow-up appointment to fix the hearing aid and thus has denied Mr. Boggs use of an operable hearing aid.
88. The FDOC imposed an illegal surcharge on Mr. Boggs to obtain his hearing aid. 89. The FDOC failed to give primary consideration to Mr. Boggs’s request for hearing aids. 90. Exclusion from Jobs and Programs. Mr. Boggs was incarcerated at Gainesville Work Camp for six months, beginning in March of 2014 and ending on August 3, 2014. During this time, he applied for work release programs and was turned down each time. Upon information and belief, he was turned down because he is deaf. 91. Failure to Provide Effective Telecommunications Access. It is more expensive for Mr. Boggs to communicate with family and friends than it is for inmates who are not deaf. For example, in 2012, Mr. Boggs requested that FDOC address the issue that individuals using a TTY or placing a relay call are required to pay a higher fee per minute than the general inmate phone. He was told that it would be looked into but that, until then, he would need to pay additional charges. Mr. Boggs filed a grievance on June 16, 2012, with those allegations. The grievance was denied. The institution responded that it is an issue with the carrier and that there is nothing further they can add to their previous response. 92. Not only has it been more expensive for Mr. Boggs to communicate with his family and friends outside of the institution, there have been periods of time where it was impossible. On October 31, 2013, while at Marion Correctional Institution, Mr. Boggs filed an Inmate Request reporting that the TTY had not been working since January. Mr. Boggs was
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advised to contact the dormitory supervisor and inform them of the problem. The problem was not remedied. In November 2013 and again in December 2013, Mr. Boggs submitted two additional Inmate Requests regarding the same issue. Mr. Boggs was then instructed to request use of the TTY from the correctional officers. However, on December 15, 2013, Mr. Boggs submitted another Inmate Request stating that when he requested the use of a TTY, the correctional officers responded that they were “not sure of it.” The institution assured Mr. Boggs that the issue would be investigated and taken care of. Nonetheless, in February 2014, he alerted the institution again that the problems with the TTY persisted.
93. On December 11, 2013, Mr. Boggs reported that the sexual abuse hotline was not functioning via use of the TTY. The deaf and hard of hearing prisoners ultimately reported this to an outside advocacy group.
Lewis Parker 94. Lewis Parker is incarcerated in the FDOC system and was at all relevant times. He has conductive and sensoneurial hearing loss, and tinnitus.4 He has been declared hearing impaired by the FDOC, and was issued a hearing aid. His impairment substantially limits one or more major life activity, including but not limited to hearing. When he has his hearing aid, he can hear fairly well. When he doesn’t (which is most of the time in the FDOC), he can only hear someone talking if he can look right at them and see their lips, and there is no ambient noise. He has not had his hearing aid for some time because the FDOC has failed to repair or replace it in a timely fashion. 95. Failure to Provide Auxiliary Aids and Services. In November 2010, Mr. Parker filed a Reasonable Modification or Accommodation Request (RMAR) asking for large cup-style
4 Tinnitus is commonly described as a ringing in the ears, but it also can sound like roaring, clicking, hissing, or buzzing. It may be soft or loud, high pitched or low pitched and can be present in either one or both ears. See http://www.nidcd.nih.gov/health/hearing/Pages/tinnitus.aspx#1 (Last visited January 18, 2016).
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headphones because the institutional headphones caused high frequency feedback with his hearing aid. It was initially denied. After seeing Dr. Calderon, the Chief Health Officer at Tomoka, Mr. Parker filed another grievance in December 2010 informing the prison that Dr. Calderon said that he couldn’t find anything in his file showing that Mr. Parker had hearing aids. Mr. Parker said this was not possible and asked to be reevaluated. An audiologist consult was recommended by a doctor, which was denied by FDOC on January 5, 2011, stating, “No clear documentation of medical necessity.” However, on January 10, Mr. Parker’s request was granted, after he fought for months to prove that he was hard of hearing.
96. More recently, at Tomoka C.I., Mr. Parker had headphones that worked with a volume booster so that he could hear his radio. However, the headphones were confiscated when he was transferred to Sumter C.I. He currently does not have a pair of headphones that accommodate his hearing loss, and thus cannot hear the radio. He filed a Reasonable Modification or Accommodation Request in approximately April 2015 asking for a volume booster, but was told that he could only have it if he could pay for it himself. He cannot afford it at this time. Forcing Mr. Parker to pay for an auxiliary aid operates as an illegal surcharge.
97. Mr. Parker has also experienced numerous ongoing problems with receiving and maintaining his needed hearing aid. On October 24, 2012, Mr. Parker turned in his hearing aid for repair. On November 30, he was informed that the hearing aid had still not been repaired. He tried to explain that he needed his hearing aid and that he was getting yelled at by staff because he wasn’t responding. He spoke again with Ms. Stern on January 9, 2013, and was informed that they were awaiting an appointment to get his hearing aid. He filed a formal grievance about it on January 23. The response approved the grievance, stating “your hearing aid was mailed out to be repaired as soon as you gave it to medical. However, after speaking
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with Hearing Care Resources they have advised that they never received it in the mail. A new Consult has been written and submitted to UM for approval.”
98. Mr. Parker saw the audiologist on March 11, 2013, where a new mold was taken for a hearing aid. He received his hearing aid shortly after that. During the time he was without his hearing aid, his bed was next to a large exhaust fan, and he could not hear voices most of the time. He missed two or three appointments or other meetings per week because he could not hear the call-out.
99. FDOC also failed to properly accommodate Mr. Parker during a disciplinary hearing. On November 6, 2012, Mr. Parker received a Disciplinary Report (DR) for fighting. On November 13, a DR hearing was held without any accommodation and without ensuring that Mr. Parker could understand and participate in the proceedings. In the middle of the reading of the statement of facts, Classification Officer Mr. Melton left the hearing and announced that it had to be postponed because Mr. Parker was deaf. But on November 15, the hearing resumed with a new team, again without any accommodation. Because Mr. Parker did not have his hearing aid, he could not hear what was happening because the hearing officer and guards were not speaking directly at him. Mr. Parker was found guilty and sentenced to 20 days disciplinary confinement.
100. Mr. Parker immediately filed a grievance, which was denied on December 18. He appealed, and on February 24, 2013, Mr. Parker was notified that the DR was being overturned because the Warden found that he did not actually commit the infraction. By that point, of course, Mr. Parker had already served his 20 day sentence in disciplinary confinement.
101. Several months ago, Mr. Parker’s hearing aid broke because the tube ruptured. He turned it in for repair, but the FDOC kept it for four months, then returned it to him without
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repairing it. He has requested that the FDOC repair or replace it, but the FDOC has not done so. 102. Mr. Parker receives a daily insulin injection in the medical department. Without
his hearing aid, he cannot understand what medical staff are telling him, unless they are looking directly at him, which they rarely do. He tries his best to just follow along. On one occasion, he was almost given the wrong insulin injection because he could not understand what the nurse was saying. Thankfully, he noticed the bottle and was able to stop the nurse before he was improperly injected.
103. Mr. Parker cannot watch television at Everglades C.I., where he is currently housed. Sometimes there is closed captioning on the television, but the other prisoners don’t like seeing the captions, so they turn it off with the remote. The televisions also do not have transmitters that transmit the television audio over the radio waves, which can be picked up by a hearing aid paired with a special device. If he had his hearing aid and had the proper equipment, and the televisions had transmitters, he would be able to hear the television.
104. The FDOC failed to give primary consideration to Mr. Parker’s request for hearing aids and other devices.
105. Failure to Alert Prisoners with Hearing Disabilities. Several years ago while at Tomoka C.I., Mr. Parker had a vibrating watch to wake him up in the morning, because he cannot hear an alarm clock. Unfortunately, when he was transferred to Sumter C.I. two years ago, it was confiscated by staff. Since then, he has missed approximately 30 appointments because he has not woken up in time, or was sleeping when he was called out and no one came to wake him.
106. There are no flashing lights in Mr. Parker’s dorm to alert deaf and hard of hearing prisoners about critical events such as count, going to the dining hall, recreation, or emergency
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evacuations. The officers expect Mr. Parker to listen when spoken to, even though he frequently cannot hear them without his hearing aid. The officers get upset and curse at him when he does not respond to their commands, and he is subject to disciplinary action for failing to follow orders.
107. The FDOC failed to give primary consideration to Mr. Parker’s request for alerts. 108. Failure to Provide Effective Telecommunications Access. Throughout his incarceration, Mr. Parker has kept in close contact with his wife and other family members. When given the proper equipment and accommodations, he and his wife talk frequently (sometimes once a day). However, his efforts to remain in contact with his wife have been stymied in recent years by the FDOC’s failure to sure ensure equitable phone access. 109. There is no TTY at Everglades C.I. that Mr. Parker can access. Mr. Parker can use the voice phone if he turns the volume all the way up and his wife (his most frequent caller) yells into the phone. There was a TTY at Sumter C.I., but it was portable, and prisoners were required to reserve it ahead of time with the officers. Frequently, the officers did not produce the TTY in a timely fashion, and sometimes did not produce it at all. In contrast, prisoners with no hearing loss could use the wall phones at almost any times, without delay. Moreover, at Sumter, the voice phone was located next to a loud exhaust fan, which made it impossible for Mr. Parker to use. 110. Engaging in Retaliation and Interference. Upon information and belief, since Plaintiff began investigating the violations within the FDOC, the FDOC began holding ADA review meetings. Mr. Parker has attended one or two of them, but before the meetings it was made clear to him that he was not permitted to raise any issues during the meeting. After the meeting, prisoners are forced to sign refusal forms, ostensibly to confirm that they have no
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pending ADA issues. Daniel Edwards
111. Daniel Edwards is incarcerated in the FDOC system and was at all relevant times. He has severe hearing loss in both ears, which substantially limits one or more major life activity, including but not limited to hearing. Mr. Edwards requires the use of two hearing aids. Mr. Edwards’s mother is also hearing impaired and he has attempted to communicate with her regularly throughout his incarceration.
112. Failure to Provide Effective Telecommunications Access. Mr. Edwards has reported issues with access to the TTY for several years. On October 4, 2011, Mr. Edwards filed a grievance at Tomoka C.I. claiming that hearing impaired individuals are being charged a much higher rate than non-deaf individuals to place phone calls. Mr. Edwards used an example of a nine minute call to New York on the TTY that cost Mr. Edwards’s mother $23.99. Mr. Edwards stated that the same call would cost roughly $2.00 for a non-deaf inmate and he attached his phone bill as an exhibit.
113. On October 11, 2011, his grievance was denied, with the FDOC blaming Securus and other carriers. Mr. Edwards appealed this grievance and emphasized that he is not concerned with Securus’s contractual obligation, stating that, “The simple fact is that FDOC provides the telecommunication service to inmates and FDOC is responsible for ensuring this service of provided without violating the law.” His grievance was again denied.
114. On May 13, 2012, Mr. Edwards reported that the TTY had been out of paper for more than 10 days and requests to refill the paper have gone unanswered. When there is no paper in the TTY deaf inmates are prohibited from placing calls because they can’t be “recorded.” On May 14, 2012, he reported that the officers had been leaving the TTY paper out
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on the counter where other inmates have access to their phone conversations and pin numbers. 115. Mr. Edwards, while still at Tomoka, continued to have problems with access to
the phone and became increasingly distraught at not being able to communicate with his family. On May 19, 2013, Mr. Edwards submitted a request regarding being unable to make collect calls on the TTY line. The FDOC responded and informed Mr. Edwards that his account is active and his family must resolve that issue and that it is “their decision to accept collect calls.” On May 27, 2013, Mr. Edwards submitted an additional request clarifying that his family does not have a collect call block on their phone but his calls were still not going through. His request was returned and he was advised that his family needed to contact the phone company. Mr. Edwards requested again that FDOC look into why he is unable to make calls on the TTY and on June 5, 2013, was again told that the calls are being blocked by the phone company.
116. On July 16, 2013, Classification Officer Julia Mead exchanged an e-mail with a representative from Securus that stated, “I hate to bother you but this one is driving me crazy! He is hearing impaired and so is his mother… he uses the regular phone when he can (when the dorm is quiet) but has approval to use the TDY also.” According to Ms. Mead, Mr. Edwards’ mother’s number goes through on the voice phone but not the TTY. The Securus representative responded that Securus has nothing to do with billing and it’s a matter of personal preference.
117. Determined to be able to communicate with his family, Mr. Edwards continued to seek assistance in getting access to the phone. On February 9, 2014, Mr. Edwards submitted an inmate request to the classification department at Tomoka Correctional Institution and attempted to explain his position again. Mr. Edwards reported that no collect calls can be made from the TTY phone. The FDOC responded that they received a response from the Securus representative who stated that they have nothing to do with the TTY billing and that it is up to the individual
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carrier. Mr. Edwards appealed this response and his appeal was denied on March 5, 2014, wherein he was informed that Securus and FDOC have no control over TTY billing. Mr. Edwards again appealed and his appeal was sent to FDOC’s Bureau of Contract Management (BCM). BCM replied, “Florida Relay System (FRS) is a 3rd Party Provider of Relay Service to Florida constituents, fully independent of Securus…Securus simply provides access to FRS platform and operators. From a Securus perspective, these are not collect calls, they’re toll free calls. Once the call connects to the FRS operator, Securus loses full control of the call except re: recording and timing.” Mr. Edwards was again directed to have the person he is trying to call contact their carrier and determine if there is any resolution for this issue.
118. Since March 2013, when he was still incarcerated at Tomoka and for the last year at Marion C.I., Mr. Edwards has been unable to use the TTY. When he last tried to use the TTY in March of 2013, his calls would not go through.
119. Failure to Provide Auxiliary Aids and Services. While Mr. Edwards requires the use of two hearing aids – one for each ear – as of September 2015, FDOC has only ever allowed him to have one hearing aid at a time. Mr. Edwards has needed to use two hearing aids since he was 16 years old.
120. In 2009 or 2010, the one hearing aid he had fell apart. Mr. Edwards did not receive another hearing aid until 2012, this time for his left ear.
121. On May 2, 2011, Mr. Edwards submitted a request to the medical department at Tomoka Correctional Institution regarding his broken hearing aid and his need for two new ones. Mr. Edwards was told to use his routine access to sick call. He was ultimately able to obtain a consultation. The June 15, 2011, Consultation Request/Consultant’s Report stated that, “Inmate is a 43 year old male with a history of hearing loss who received a hearing aid on 4/2004 not
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reparable. Please evaluate and advise if he needs a new hearing aid.” On July 18, 2011, Mr. Edwards went for an appointment and was found to have a totally occluded ear canal. A cerumenectomy (the removal of extensive earwax) was recommended and completed. Finally, on December 28, 2011, Mr. Edwards was approved for just one hearing aid, again, even though he has documented severe hearing loss in both ears. Mr. Edwards received his left hearing aid in 2012.
122. Mr. Edwards went to another audiology appointment in November 2014, this time to be fitted for a right hearing aid. However, before he received the right hearing aid in May of 2015, his left hearing aid broke – the volume dial stopped working, causing Mr. Edwards to constantly hear static noise. FDOC sent his left hearing aid out for repair in August 2015. Mr. Edwards is hopeful that he may have two functional hearing aids when his left hearing aid is returned, which would be the first time in his 13-and-a-half years in prison.
123. In addition to hearing aids, Mr. Edwards also needs hearing related devices in order to have equal access to programs, services and activities. For example, On February 21, 2010 while at Polk Correctional Institution, Mr. Edwards requested a higher volume radio and headphones. His request was “noted.” He submitted a Reasonable Modification or Accommodation Request in April 2010 regarding these same devices. His request was denied and he was informed that, “At the current time, we have no provisions for an amplified radio and you are asking for a high decibel radio without advising how it differs from the canteen radios in decibels and how it will help you to hear the radio better. We do have provisions for inmates to purchase over the ear headphones if the inmate cannot use the ear buds that come with the canteen radios. There is nothing in the ADA that requires that we furnish you with an amplified radio and headphones.”
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124. Mr. Edwards filed a formal grievance regarding these same devices and that grievance was denied on May 25, 2010. He filed a timely appeal of that denial on June 21, 2010. This appeal was also denied. Mr. Edwards was told that he needs to contact medical call out and explain the issue to the Chief Health Officer and “If the CHO determines that a hearing test is in order then he will request one, it is up to him to make the decision as to whether or not you need an auxiliary aid different from those normally offered. However it should be noted that any device such as a higher decibel radio is not provided by the Department. All inmates must purchase their own radios.”
125. Finally, while Mr. Edwards resides in a dorm with other hearing-impaired and deaf prisoners, on his side of the dorm, he does not have adequate access to the television. The television he is permitted to watch does not have closed captioning and does not have a transmitter. Mr. Edwards is not permitted to use the television on the other side of the dorm, which provides those accommodations.
126. The FDOC’s pattern of failures to make the television accessible to deaf and hard of hearing prisoners is further illustrated by other similar lawsuits. For instance, in previous litigation, the FDOC attempted to avoid the requirements of the ADA by not allowing a prisoner to have the necessary equipment to hear the television—a simple hookup to his hearing aid and a radio transmitter from the television. See Garcia v. Tucker, Case No. 4:07-cv-474-SPM/WCS (N.D. Fla.). After protracted litigation, the FDOC finally agreed to a settlement in 2012, allowing the prisoner to keep the necessary equipment and to be housed in a facility with a transmitter, and paying a substantial amount in attorneys’ fees.
127. The FDOC failed to give primary consideration to Mr. Edwards’s request for hearing aids and other devices.
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128. The FDOC imposed illegal surcharges on Mr. Edwards by making him see medical staff and pay a $5 copayment to obtain an auxiliary aid and service, and by forcing him to pay for those aids and services.
Ernesto Guevara 129. Ernesto Guevara is incarcerated in the FDOC system and was at all relevant times. He is deaf and cannot communicate verbally with spoken English, which substantially limits one or more major life activity, including but not limited to hearing and speaking. His primary method of communication is reading lips in Spanish and his secondary method of communication is American Sign Language (ASL). Mr. Guevara can neither read nor write English. 130. Failure to Provide Qualified Interpreters. Mr. Guevara would like to participate in educational programming but cannot because he knows that no ASL interpreter will be provided to him. Mr. Guevara hasn’t been able to participate in any programming while in prison because of the lack of ASL interpreters. 131. In September 2015, Mr. Guevara had a medical appointment. Another inmate served as an “interpreter.” As a result, the communication was difficult and not confidential. 132. Failure to Provide Effective Telecommunications Access. Mr. Guevara cannot use the TTY because he does not understand English. Mr. Guevara can communicate in ASL; thus, if FDOC provided him with a videophone, he would be able to effectively communicate with his family and friends outside of prison, just as hearing inmates can. Without a videophone, Mr. Guevara has been left totally isolated. 133. Failure to Provide Auxiliary Aids and Services. In September 2015, Mr. Guevara attempted to request a hearing aid at a medical appointment. Mr. Guevara has previously used
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hearing aids. A hearing aid would permit Mr. Guevara to hear vehicles and other environmental sounds, thus affording him more independence and safety in an outdoor work program. Medical staff at Marion denied his request.
134. The FDOC failed to give primary consideration to Mr. Guevara’s request for hearing aids and interpreters.
Thomas Jameson 135. Thomas Jameson was incarcerated in the FDOC system at all relevant times. He is deaf and cannot communicate verbally with spoken English, which substantially limits one or more major life activity, including but not limited to hearing and speaking. His primary method of communication is American Sign Language (ASL). Mr. Jameson has been deaf since childhood. Mr. Jameson also requires the use of hearing aids in both ears. 136. Failure to Provide Qualified Interpreters. Mr. Jameson has gone to sick call for medical and/or dental appointments about six times in the last eight years and has only once been provided with a qualified ASL interpreter. At times, FDOC has provided Mr. Jameson with a qualified ASL interpreter for psychological evaluations and treatment. At other times, they have not. For example, on January 27, 2011, a mental health evaluation had to be rescheduled because the FDOC failed to ensure an interpreter was present. The FDOC counselor informed Mr. Jameson that an inmate interpreter could not be used because of “1) HIPAA concerns and 2) they do not satisfy ADA requirements.” Further, on September 9, 2015, Mr. Jameson was denied a qualified interpreter for a psychological evaluation. As a result, Mr. Jameson could not communicate at all during the appointment. 137. Mr. Jameson has attended church for the last six years at FDOC and has never once been provided a qualified interpreter.
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138. Mr. Jameson attended GED classes while at Polk C.I. Before taking the classes, Mr. Jameson was at a 3rd-grade reading level. A fellow prisoner who was a former teacher for the deaf interpreted the classes for him and Mr. Jameson’s reading level improved to 5th grade. However, the prisoner was removed from his classes, and Mr. Jameson could no longer understand any of the materials. Mr. Jameson was forced to drop the GED classes, never attained his GED, and continues to have great difficulty writing English.
139. Mr. Jameson attended a mandatory transition skills course for two weeks at Marion C.I. He was not provided with an ASL interpreter and did not understand the course.
140. The FDOC failed to give primary consideration to Mr. Jameson’s request for interpreters.
141. Failure to Provide Effective Telecommunications Access. Mr. Jameson generally cannot use the TTY because he has great difficulty writing English. Sometimes other prisoners helped him use the TTY, but this was difficult and was not confidential. Mr. Jameson is able to sign and understand ASL and would be able to communicate with his friends and family through a videophone. But videophones are not provided.
142. On June 8, 2012, Mr. Jameson filed a grievance alleging that the TTY phone calls are being over-charged compared to a regular voice call. The FDOC denied this grievance and told Mr. Jameson that FDOC is aware of the concerns and is working to resolve the issue. Mr. Jameson was advised to pay the subject fees. Mr. Jameson appealed and his grievance was again denied. Mr. Jameson appealed to the FDOC Secretary and in August 2012, his appeal was denied.
143. FDOC failed to give primary consideration to Mr. Jameson’s request for a videophone.
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144. Failure to Provide Auxiliary Aids and Services. In 2014, one of Mr. Jameson’s hearing aids broke and the other hearing aid was lost. Mr. Jameson saw an audiologist in 2014 at Jefferson C.I. to be tested and fitted for a hearing aid. However, Mr. Jameson has not been provided with hearing aids and has been told to wait. A hearing aid would allow Mr. Jameson to hear vehicles or lawn mowers approaching, providing him with needed safety.
145. The FDOC failed to give primary consideration to Mr. Jameson’s request for hearing aids.
146. Exclusion from Jobs and Programs. On January 20, 2014, Mr. Jameson submitted an inmate request regarding his job placement. He reported that approximately two months prior, the FDOC classification department changed his job assignment to the PRIDE5 Garment factory and was told he would start work there in February. However, when Mr. Jameson had an interview with a Ms. Howard at the PRIDE factory, he was told he could not work there because he is deaf.
Edgar Lugo Martinez 147. Edgar Lugo Martinez is incarcerated in the FDOC system and was at all relevant times. He is deaf, cannot communicate well with spoken English, cannot lip-read effectively and cannot read proficiently, all of which substantially limits several major life activities, including but not limited to hearing and speaking. His primary method of communication is American Sign Language (ASL), a language which he has used his whole life. Mr. Martinez has been deaf since he was nine months old. Mr. Martinez has some minor residual hearing and when he is afforded properly fitted and operable hearing aids he can hear some loud noises such as a fire
5 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) is a private, nonprofit organization that operates job sites within Florida prisons. It allows prisoners to receive training and work in industrial, manufacturing, and agricultural fields. See https://www.pride-enterprises.org/content.aspx?page=CompanyOverview (last visited January 18, 2016).
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alarm. Mr. Martinez has been designated as a deaf impaired inmate by the FDOC, and his deafness and other disabilities are well documented in FDOC records. Therefore, FDOC has had full knowledge that Mr. Martinez is deaf and uses ASL to communicate. Moreover, he wears a badge every day which says he is HEARING IMPAIRED.
148. Failure to Provide Qualified Interpreters. FDOC has consistently failed to provide ASL interpreters for Mr. Martinez. The discrimination began when Mr. Martinez was first processed at Central Florida Reception Center. FDOC failed to provide interpreters for the comprehensive interactive process. The processing procedure is designed to provide both verbal and written information that will be very important during incarceration. Processing includes physical, psychological, educational, and substance abuse exams and screenings. Mr. Martinez was also required to attend interactive classes explaining the rules and procedures of the FDOC’s prisons. Due to FDOC’s failure to provide effective communication, Mr. Martinez was excluded from this process because he was deaf.
149. In 2015, Mr. Martinez requested an interpreter at Tomoka C.I. for a GED class which consisted of lecture and computer based work. In lieu of providing a qualified interpreter, Mr. Martinez was told he would have to use an inmate assistant, who had hearing loss and was not proficient in ASL and relied mostly on fingerspelling.6 The assistant was unable to keep pace with the teacher and was not effective. When Mr. Martinez would respond in ASL, the inmate assistant could not properly vocalize what Mr. Martinez was saying. Frustrated, Mr. Martinez quit school after one day. He did not file a grievance regarding the GED issue since he simply decided to quit.
150. Mr. Martinez experienced similar frustration when attempting to communicate
6 Fingerspelling is the act of spelling out words with the hands using a manual alphabet, not by using designated signs. Although fingerspelling is used in ASL, it is used for words that do not have established signs, and is not effective when used without any established signs.
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with the Chaplain. Mr. Martinez is Catholic and tries to talk with Chaplain Perry Davis. When he requested an interpreter directly from the Chaplain, he was told that he must use an inmate to interpret. Again, the inmate assistant only knew how to fingerspell and did not know any signs in sign language. Therefore, Mr. Martinez was not able to communicate with the Chaplain in any meaningful and equitable way. Additionally, the insertion of another inmate into his religious conversation hindered his abilities to be as forthright as was needed, for fear the inmate assistant would divulge his private information to other inmates.
151. At Tomoka C.I., individuals representing various religions would come to the facility to worship with the incarcerated people. When Mr. Martinez wanted to participate in those religious events, no qualified interpreter was provided. Instead, occasionally another prisoner attempted to “interpret,” but again it was ineffective because the prisoner was not qualified.
152. In August, 2013, FDOC failed to accommodate Mr. Martinez at a very critical event: the mandatory sexual abuse orientation that is required by the Prison Rape Elimination Act (PREA) and its regulations. See 42 U.S.C. § 15601, et seq. PREA requires the FDOC to provide the orientation during the intake process, and to provide “comprehensive education” on sexual abuse topics within 30 days of intake, or within one year from the adoption of the PREA standards for current inmates. 28 C.F.R. § 115.33. PREA also requires the FDOC to take “appropriate steps to ensure that inmates with disabilities (including, for example, inmates who are deaf or hard of hearing, those who are blind or have low vision, or those who have intellectual, psychiatric, or speech disabilities), have an equal opportunity to participate in or benefit from all aspects of the agency's efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Such steps shall include, when necessary to ensure effective communication
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with inmates who are deaf or hard of hearing, providing access to interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.” 28 C.F.R. § 115.16(a). Moreover, PREA prohibits the FDOC from “rely[ing] on inmate interpreters, inmate readers, or other types of inmate assistants except in limited circumstances.” 28 C.F.R. § 115.16(c). The FDOC has failed to comply with these standards.
153. During Mr. Martinez’s August 2013 encounter, a video was shown about rape prevention, which was followed by a group discussion led by two FDOC staff members. Despite the fact that there are numerous deaf prisoners at Tomoka C.I., no interpreter was provided during the viewing of the video, nor was the video captioned. Mr. Martinez and the other deaf prisoners were forced to stay in the room to watch the inaccessible video, and forced to remain during the group discussion without an interpreter. Mr. Martinez was then forced to sign a paper verifying that he watched and understood the video and group discussion. On August 29, 2013, Mr. Martinez submitted a Reasonable Modification or Accommodation Request. He received a response on October 3, 2013, stating that the video would be shown to him again with the close captioning function utilized.
154. Approximately two weeks after the response, the FDOC provided an interpreter for Mr. Martinez and the other deaf inmates to watch the video. But this session was led by one FDOC employee who provided no narrative about the video and offered no group discussion as was done at the first presentation. Even though Tomoka has a high number of deaf inmates that use ASL, it was only after Mr. Martinez filed the RMAR that an interpreter was provided for this important training. Had he not done so, numerous deaf prisoners would not have had access to this critical information.
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155. Even after Mr. Martinez had been designated as deaf by the FDOC, and had been housed at Tomoka for some time, on August 29, 2013, Mr. Martinez filed an informal grievance because he was asked to speak to the classification department about his progress review, but was not provided an interpreter. Mr. Martinez did not understand what the classification officer said, nor was he able to effectively express himself. It was as a result of this grievance that FDOC finally provided the accommodation needed. They told Mr. Martinez that the classification progress review would be rescheduled and conducted later with an interpreter. It was only after this long delay, and requiring Mr. Martinez to file a grievance, was an interpreter provided.
156. The FDOC failed to give primary consideration to Mr. Martinez’s request for interpreters.
157. Failure to Provide Effective Telecommunications Access. Mr. Martinez has been forced to use the antiquated TTY device to place telephone calls. Because TTY calls take four to five times longer than voice calls due to the time needed for transmission and interpretation, it creates inequitable phone access and causes a higher phone charge for deaf prisoners’ families. Unlike the telephones used by the non-deaf prisoners, the TTYs are locked up and only accessible when a prisoner signs them out. This results in deaf prisoners being denied access to the phone and/or having less telephone access because their call time is limited. The TTYs provided at Tomoka C.I. and Columbia C.I. often break down, preventing deaf inmates from making phone calls. The calls are often garbled, making the words impossible to read on the TTY screen, which leads to the call being terminated prematurely.
158. Pursuant to FDOC rules, when a deaf prisoner completes a TTY call, he or she must tear off the printout of the call, write their name and DC number on it, and turn it in to the
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officers. The printout contains the full transcript of the TTY conversation. Mr. Martinez often sees his TTY printouts lying in plain sight for other prisoners to read.
159. Mr. Martinez requested the accommodation of a videophone, which when used in conjunction with the free Video Relay Service (VRS), allows faster and more effective communication for deaf and hard of hearing people who use ASL. FDOC refused this request, and continues to force deaf prisoners to use a TTY which is not only cost prohibitive for the inmates, but often breaks down, and often does not effectively provide telephone access.
160. Failure to Alert Prisoners with Hearing Disabilities. Mr. Martinez has been excluded from other prison services and programs entirely due to his inability to hear the staff. For instance, on September 12, 2013, Mr. Martinez filed an inmate request/informal grievance stating that security staff did not alert deaf inmates for meal time, count time, canteen, yard call and many other events. These types of call outs are often made by a guard who is located in a secure officers’ booth. To make the call outs, the guard will lift a small door flap in the booth and shout out various announcements. Mr. Martinez cannot hear the call outs, and cannot see the guards’ mouths to be able to lip-read, even if he had the ability to lip-read effectively. If Mr. Martinez (or other deaf prisoners) do not hear the call out, they risk missing important events (such as medical appointments, visitation, or legal calls). Mr. Martinez has endured this ineffective call out process at Tomoka, Okaloosa C.I., and Central Florida Reception Center.
161. Officers frequently threaten Mr. Martinez with disciplinary reports for failing to follow commands, even though he cannot hear them. FDOC employees ridicule him, calling him a “faker,” and question his deafness.
162. Mr. Martinez requested the reasonable accommodation of using flashing lights and signage to properly notify deaf inmates. The grievance was denied. Mr. Martinez was told,
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incorrectly, that the FDOC uses signage to alert deaf inmate. 163. The FDOC failed to give primary consideration to Mr. Martinez’s request for
alerts. 164. Failure to Provide Auxiliary Aids and Services. In the Spring of 2013, while at
Tomoka C.I., Mr. Martinez’s hearing aids were stolen. He reported them stolen, but to date they have still not been replaced.
165. Exclusion from Jobs and Programs. In September 2012, Mr. Martinez requested to work in the kitchen at Columbia Annex, but was told that deaf inmates are not allowed to work in the kitchen.
166. In December 2012, Mr. Martinez expressed a desire to go to work camp and inquired about the status of such placement. On December 27, 2012, Mr. Martinez received a response from the FDOC that stated, “You are not eligible for work camp at Tomoka as you are hearing impaired.” In August 2013, Mr. Martinez requested again to have equal access to programs and services such as work camp. This request was “approved” but it did not address the work camp issue. It simply stated that the progress review discussing the issue would be conducted with an interpreter.
167. In September 2013, Mr. Martinez filed an informal grievance based upon the PRIDE Enterprise program’s refusal to hire deaf inmates. This grievance was denied and Mr. Martinez was told that, “Mrs. Russell from Pride was interviewed and stated due to your impairment and risk involved in this type of industry there is no way to guarantee your safety in this environment.” Attempting again to participate in work camp, Mr. Martinez submitted a grievance on January 10, 2014, stating that he is deaf and would like to go to work camp. His grievance was returned “because asking questions are not grievances.”
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168. Engaging in Retaliation or Interference. Upon information and belief, after Plaintiff began investigating the violations within Florida’s prisons, the FDOC began to hold meetings with Mr. Martinez to discuss his disability issues. However, ASL interpreters are not provided. In lieu of proving qualified interpreters, at CFRC the FDOC forced Mr. Martinez to sit in the front of the room and make him attempt to lip-read multiple speakers at the same time. This is not effective. At one meeting Mr. Martinez tried to use his “voice” to discuss a concern and was told to “shut up.” At the end of the meeting, prisoners are forced to sign a form confirming there are no pending ADA issues. Signing the form is not optional.
Lamar Maddox 169. Lamar Maddox was incarcerated in the FDOC system at all relevant times. He is deaf and cannot communicate verbally in spoken English, which substantially limits one or more major life activity, including but not limited to hearing and speaking. His primary method of communication is American Sign Language (ASL). 170. Failure to Provide Auxiliary Aids and Services. Mr. Maddox is not completely deaf in his right ear. Sixteen years ago, Mr. Maddox was using a hearing aid while at the Volusia County Jail. However, that hearing aid broke and Mr. Maddox has not been provided with a new hearing aid since. Mr. Maddox requested a new hearing aid for his right ear in 2000. Following his request, Mr. Maddox was transported from Central Florida Reception Center to Lake Butler to be tested by an audiologist. Mr. Maddox was then told he would have to wait for a hearing aid. Three years later, in 2003, Mr. Maddox was finally fitted for a hearing aid at Lake Butler. But Mr. Maddox never received the hearing aid he was tested and fitted for. Mr. Maddox asked medical staff again for a hearing aid in 2005, 2008, 2010, and, most recently, in
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2013. Mr. Maddox has never received a hearing aid and was told after each request that he would have to wait.
171. The FDOC failed to give primary consideration to Mr. Maddox’s request for hearing aids.
172. Failure to Provide Qualified Interpreters. In addition to being denied a hearing aid, Mr. Maddox has not once been provided with a qualified ASL interpreter for medical, dental, psychological, or classification appointments for the approximately 15 years he has been incarcerated at Tomoka C.I. Medical staff will sometimes attempt to communicate with Mr. Maddox by writing English, but Mr. Maddox cannot understand some of the things they write because English is not his first language. Mr. Maddox rates his English literacy at a 7th or 8thgrade level.
173. Consequently, because Mr. Maddox cannot communicate with medical staff, in 2012 he was prescribed the wrong medicine. Mr. Maddox went to a medical appointment with symptoms of a stomach ache and, due to the communication barrier, was given the wrong medication for his ailment, which he took for six days before the error was discovered.
174. Mr. Maddox attends church every week at Tomoka C.I. A volunteer gives sermons in ASL once per month; however, on other Sundays there is no sermon in ASL, and a qualified ASL interpreter has never been provided for him at church. Mr. Maddox still attends on the other Sundays but he cannot understand or fully participate in the services.
175. Mr. Maddox attended the Horizon Program at Tomoka C.I. Although he completed the program and received a certificate, a qualified ASL interpreter was never provided to him during the course and, consequently, Mr. Maddox was not able to understand much of what was being said during the program.
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176. The FDOC failed to give primary consideration to Mr. Maddox’s request for interpreters.
177. Failure to Provide Effective Telecommunications Access. On May 14, 2012, Mr. Maddox reported that officers are leaving printouts of TTY phone conversations on the counter, where other inmates have access to personal conversations and phone numbers to family members. Mr. Maddox’s sister informed him that another inmate called her without her authorization. On June 5, 2012, FDOC returned Mr. Maddox’s grievance because he “did not name a specific staff member.”
178. Mr. Maddox also reported that the officers in K dorm do not like to let him use the TTY phone, and he has been denied the use of it 4 or 5 times.
179. Exclusion from Jobs and Programs. In 2014, Mr. Maddox asked his classification officer for approval to work at PRIDE enterprises or in a work release program, but he was turned down for both. Upon information and belief, he was denied because he was deaf. Mr. Maddox previously applied to work at PRIDE in 2013 and was turned down. Upon information and belief, it was also because he was deaf.
180. Mr. Maddox would like to take programs on reentry skills, such as budgeting, financial skills, and marriage skills. However, Mr. Maddox was never permitted to take such classes because he is deaf.
Calvin Rodriguez 181. Calvin Rodriguez is incarcerated in the FDOC system and was at all relevant times. Although he can speak, he is deaf, which substantially limits several major life activities, including but not limited to hearing. Mr. Rodriguez has been deaf since he was six months old. His parents are deaf and all his siblings are deaf. He effectively communicates through ASL, a
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language which he has used his whole life. Mr. Rodriguez has some minor residual hearing that can assist him to some degree if afforded with properly fitted and operable hearing aids. Mr. Rodriguez has been designated as a deaf impaired inmate by the FDOC. His deafness is well documented in his medical and administrative records, and therefore the FDOC has had full knowledge that Mr. Rodriguez is deaf and uses ASL to communicate. Moreover, he wears a badge every day that says he is DEAF.
182. Failure to Provide Qualified Interpreters. In approximately September 2015, Mr. Rodriguez was accused of talking back to an officer and received a Disciplinary Report (DR). Mr. Rodriguez denied the allegations and requested a DR hearing and a certified ASL interpreter for the hearing. This DR hearing was critical to Mr. Rodriguez, because if found guilty it would prevent him from being transferred to a facility closer to his deaf family.
183. When Mr. Rodriguez arrived at the DR hearing in the morning, there was no interpreter and Mr. Rodriguez protested. He was told to return that afternoon for a hearing with an interpreter. He was in disciplinary confinement during this time. When he returned in the afternoon, in lieu of securing a qualified and neutral interpreter, FDOC called an employee, Mr. Carter, who worked in the Educational Department to act as the interpreter. On information and belief, Mr. Carter is not a trained ASL interpreter, he holds no credentials as an interpreter, and his signing was reportedly incomprehensible. Mr. Carter does not meet the definition of a qualified interpreter under the ADA regulations.
184. Once Mr. Carter began to sign, it was apparent he was not qualified. Mr. Rodriguez was unable to understand Mr. Carter, and Mr. Carter was unable to interpret the dialogue that occurred at the DR hearing. Mr. Rodriguez was not provided meaningful access to the hearing and was unable to present his side of the story. He was found guilty of the infraction,
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and his request for a transfer, which had been in the works for over two years, was denied. Mr. Rodriguez was extremely upset and frustrated. He appealed the decision, but it was denied.
185. On November 17, 2015, Mr. Rodriguez was sent to confinement because it was alleged that he was intoxicated in some way. He requested an interpreter for his DR hearing. As he waited for his DR hearing, on November 26, 2015, Mr. Rodriguez attempted to commit suicide by cutting himself. He was moved to an observation cell in confinement, where his glasses and hearing aids were taken away. His hearing aids help abate the symptoms of his tinnitus, which causes unbearable ringing in his ears. Without his glasses he could not see, and without his hearing aids he suffered from severe ringing in his ears.
186. Prisoners in observation are required to undergo a psychiatric evaluation. Mr. Rodriguez requested an interpreter for his evaluation, but was told that no interpreter would be provided. As a result, Mr. Rodriguez refused to meet with the doctor and began a hunger strike. Three days later, he was asked to again submit to the evaluation, but he refused unless an interpreter was provided. The FDOC still refused to provide one.
187. Medical staff continued to insist that Mr. Rodriguez meet with the doctor without an interpreter. Mr. Rodriguez finally relented and met with the doctor without an interpreter, but was unable to effectively communicate during the psychological evaluation. Throughout his confinement, Mr. Rodriguez continued to ask for the return of this glasses and hearing aids, but they were not returned until much later when his family called on his behalf.
188. The FDOC failed to give primary consideration to Mr. Rodriguez’s request for interpreters.
189. Failure to Provide Effective Telecommunications Access. Like every other deaf prisoner, Mr. Rodriguez is forced to use the antiquated TTY to contact his family. Non-deaf
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inmates at the prison can freely use the telephone when needed; however, deaf inmates must sign out the TTY, and their telephone time is limited. Because Mr. Martinez’s parents and siblings are deaf, placing calls through the TTY does not provide meaningful and equitable access to telecommunications. Mr. Rodriguez’s deaf family, like the majority of the deaf community, uses videophones to communicate by telephone and stopped using TTYs over nine years ago.
190. To place a call to his deaf sister, Mr. Rodriguez must do the following: 1) He calls the Florida Telecommunications Relay Service (TRS); 2) once an operator answers he must type his conversation on the TTY; 3) the TRS operator then reads the TTY screen and vocalizes the call to a Video Relay Service Interpreter; and 4) the video interpreter interprets the vocalized message into sign language so that his sister can receive the message on her Videophone. When Mr. Martinez’s sister responds during the telephone call she 1) signs her comments in ASL; 2) then the VRS interpreter vocalizes her comment to the TRS operator who then 3) types the message to Mr. Rodriguez; 4) who then must read his TTY screen. This process is not only time consuming, but it increases the cost of the telephone call astronomically. If the FDOC simply provided a videophone, Mr. Rodriguez could communicate directly with his sister, just like the non-deaf inmates speak directly to their family members without intermediaries.
191. Mr. Rodriguez has been forced to endure this ineffective process because he wants to stay in touch with his deaf family, however in March 2015 his telephone calls to his family were blocked. For some unknown reason, when Mr. Rodriguez now tries to call his deaf family through the TRS and the VRS his calls are blocked and he is told he cannot place these calls because the Columbia Annex is “restricted.” Once denied the ability to call his family, Mr. Rodriguez sought the help of his deaf sister Vivian Rodriguez. Ms. Rodriguez emailed the FDOC and asked for assistance for her brother. FDOC provided a convoluted answer which in
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essence said they would not provide a videophone to allow Mr. Rodriguez to make equitable telephone calls, and that TTY calls would not work through the Video Relay Service. Without a videophone at the prison, the Video Relay Service is needed so that Mr. Rodriguez can contact his family.
192. In the summer of 2015, a representative from Securus went to see Mr. Rodriguez at Columbia Annex to explain why he could not place calls through TRS and VRS. However, the FDOC failed to provide a qualified interpreter for the meeting and instead called a prisoner, who only knew fingerspelling, to attempt to interpret. Mr. Rodriguez left the meeting having no understanding of what the technical representative said about the blocking of his calls.
193. Mr. Rodriguez is still unable to call his deaf family. He is also now currently housed in T-dorm, which does not have a TTY, and as a result, Mr. Rodriguez has no telecommunications access at all.
194. Failure to Alert Prisoners with Hearing Disabilities. FDOC fails to provide visual or vibrating alert devices to allow Mr. Rodriguez to safely and timely respond to commands in the prison. Mr. Rodriguez has missed breakfast approximately 60% of the time because he cannot hear the breakfast call. As a result, Mr. Rodriguez submitted a Reasonable Modification or Accommodation Request for a wrist watch that vibrates instead of providing an auditory alarm. That request was denied.
195. Mr. Rodriguez then asked for an aid who knew some sign language and would be reliable in waking him up and alerting him to other activities in the prison. That request was also denied.
196. The FDOC failed to give primary consideration to Mr. Rodriguez’s request for effective alerting accommodations.
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197. Failure to Provide Auxiliary Aids and Services. Due to the fact that FDOC fails to provide him qualified interpreters Mr. Rodriguez requested an alternate and inferior device: the Ubi Duo. This device allows two people who can read and write proficiently to type back and forth in a more natural manner than lip-reading. The device is comprised of two portable keypads and screens that are synched to each other. Mr. Rodriguez’s request for the Ubi Duo in 2014 was also denied.
198. Prior to his incarceration Mr. Rodriguez regularly wore two hearing aids so that he could hear some sounds, which increases his safety. FDOC tested his hearing in 2013 and told him he would benefit from two hearing aids, but the second hearing aid has still not been provided, pursuant to FDOC policy. Due to FDOC’s failure to provide two hearing aids, in 2015 Mr. Rodriguez’s family offered to pay for two hearing aids for his use. The FDOC declined the offer.
199. The FDOC failed to give primary consideration to Mr. Rodriguez’s request for hearing aids and other devices.
200. Engaging in Retaliation or Interference. Due to their lack of training, officers threaten Mr. Rodriguez with Disciplinary Reports for failing to follow commands. Employees of FDOC ridicule and belittle him by standing behind him and “testing” his hearing by speaking behind his back to see if he can hear. This humiliating and degrading behavior fosters an environment in which deaf inmates feel unsafe and excluded.
Samuel Hart 201. Samuel Hart is incarcerated in the FDOC system and was at all relevant times. He is hearing impaired, which substantially limits one or more major life activity, including but not limited to hearing. He can speak. His does not know ASL. Mr. Hart also requires the use of
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a hearing aid. Mr. Hart has been designated as a deaf impaired inmate by the FDOC. His hearing loss is well documented in his medical and administrative records; therefore the FDOC has had full knowledge that Mr. Hart cannot hear and would therefore require some accommodations. Moreover, every day he wears an FDOC badge that says he is DEAF.
202. Failure to Provide Qualified Interpreters. Mr. Hart communicates by using his residual hearing and lip-reading.7 Although this helps him to get through many one-on-one conversations, it is not effective in a group setting such as a classroom. Throughout his incarceration, he has submitted various grievances which reflect his need for an Oral Interpreter8 to provide effective communication when he attends church, meetings, classification appointments, disciplinary reviews and other events. All of his requests were denied.
203. The FDOC failed to give primary consideration to Mr. Hart’s request for interpreters.
204. Failure to Alert Prisoners with Hearing Disabilities. FDOC has repeated failed to ensure that Mr. Hart’s assigned assistants are carrying out their responsibilities effectively. For example, in July 2012, Mr. Hart’s assigned assistant was not waking him up for count or otherwise alerting him that staff is calling him. Mr. Hart addressed this with both the medical and classification departments but the matter did not get resolved. Mr. Hart stated that FDOC simply reassigns the assistants, the cycle continues and the issues do not get resolved. FDOC responded to Mr. Hart’s concerns on July 30, 2012, stating that inmates do not choose their own
7 Lip reading is also known as speech reading. It has been reported that only approximately 30% of what is said in English can be accurately read on the lips. 8 An Oral Transliterator, also known as an Oral Interpreter, does not use sign language. Instead, they use silent oral techniques and natural gestures to transliterate a spoken message from a person who hears to a person who is deaf or hard-of-hearing. Oral Interpreters are trained to understand and repeat the message and intent of the speech and mouth movements of the person who is deaf or hard-of-hearing. See http://www.rid.org/rid-certificationoverview/otc-certification/ (last visited January 18, 2016). Mr. Hart mistakenly requested a cued speech interpreter thinking it was the term for Oral Interpreter.
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assistants and that if there is a medical issue that is not being addressed, he should notify the medical department.
205. The problem with his assistant persisted and in August 2012, Mr. Hart filed several formal grievances. In these grievances, Mr. Hart reported that he was given a choice to either accept his assistant as is or to sign a refusal. If Mr. Hart were to sign a refusal then he was told that he would be stating that he does not need any assistance. Mr. Hart pointed out that, according to FDOC policy, his assistant must be trained to assist him. Mr. Hart claimed that his assigned assistant does not know how to interpret and he does not know any cued speech. FDOC denied his request and referred Mr. Hart back to the July 30, 2012, FDOC response wherein he was advised that inmates do not choose their own assistants and that if there is a medical concern he should notify the medical department.
206. In April 2013, Mr. Hart was placed in confinement at RMC. Meals are served in confinement by having an inmate walk down the confinement area hall with a food cart. There are no visual alerts or other notifications to tell the inmates in confinement when the meal cart is coming. If an inmate is not standing erect at the door of their confinement cell when the meal cart arrives, they will miss their meal. Due to the FDOC’s failure to provide visual or vibrating alerts, Mr. Hart missed several meals. He was so frustrated that he taped two cards in his cell window with the words, “Impaired Deaf inmate” in large black letters on one card and “Hearing impaired” written in large red letters on the other. He hoped this obvious signage would prevent him from missing meals, but they did not work. He grieved this issue, but his grievances were returned for failing to follow proper procedures in submitting the grievances. Mr. Hart resubmitted the grievances attempting to comply with the procedural requirements and they were again returned. In May 2013, when he filed a grievance claiming that his concerns were not
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responded to, FDOC then denied his grievances stating that they had been submitted in duplicate. Meanwhile, Mr. Hart, because he could not hear the call-outs, continued to miss a number of meals and went days and even an entire week at one point without a shower.
207. In March 2014, at Tomoka Correctional Institution, Mr. Hart was moved from the J-2 Dorm to the E-Dorm. Mr. Hart reported that the J-2 Dorm is specifically for hearing impaired inmates and now that Mr. Hart has been moved, he is going to need an impaired inmate assistant more than ever. FDOC responded on April 1, 2014, stating “I don’t know why you were movedI’ll check into it. You don’t have a pass for an aide.”
208. The FDOC failed to give primary consideration to Mr. Hart’s request for alerts. 209. Exclusion from Jobs and Programs. On June 7, 2013, Mr. Hart requested to be transferred to another institution so that he could participate in a vocational sign language course that was held there and could improve his communication skills. He stated that he is deaf and will eventually be “totally deaf” and would benefit from such a program. On June 19, 2013, FDOC denied this request and the ADA coordinator concurred with the decision to deny the request to transfer to another institution. 210. Failure to Provide Effective Telecommunications Access. On May 20, 2013, Mr. Hart submitted a Reasonable Modification or Accommodation Request at Tomoka Correctional Institution, complaining that the TTY could not access the confidential toll-free TIPS hotline to report general crimes and rape. Non-deaf inmates can freely call the TIPS line through the regular phone, and benefit from the safety the TIPS line provides. On June 3, 2013, this request was denied and Mr. Hart was informed that these issues were out of the control of the institution. 211. Mr. Hart filed a formal grievance and was informed on June 26, 2013, that, “Securus is required to connect a TTY user to a Relay Center Operator who then facilitates
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collect only calls. By policy they will not connect a user to a toll-free number and they won’t leave voice mail messages. Since the crime tip line is a voice mail only function there would be no way to facilitate these types of calls.” Mr. Hart then appealed the matter to the FDOC Secretary on July 1, 2013. The inquiry was forwarded to FDOC’s Bureau of Contract Management (BCM). In November, FDOC responded, “[a]ccording to the contract provider, Securus Technologies, it will take an estimated (60) Sixty days for the work to be completed and the issue resolved. But they are working diligently to resolve it. Based on the foregoing information, your appeal is denied.”
212. The TIPS line is still not accessible via the TTY. For instance, Mr. Hart attempted to place a call to the TIPS line via the TTY in approximately October 2015 and January 2016, but the calls do not get routed through the relay service; they go directly to the automated TIPS answering service, which, of course, the deaf and hard of hearing prisoners cannot hear.
213. Failure to Provide Auxiliary Aids and Services. FDOC has also failed to provide other auxiliary aids that would enable Mr. Hart to have equal access to programs and services. For example, on May 20, 2013, Mr. Hart submitted an accommodation request for batteries for his headphones and volume booster in order to be able to utilize the television transmitter.9 This request was denied and Mr. Hart was informed that batteries are not provided and must be purchased from the canteen. Mr. Hart appealed and on June 19, 2013, and his request was denied again. An appeal to the FDOC Secretary on June 21, 2013, was also denied.
214. This operated as an illegal surcharge on Mr. Hart. 215. On May 20, 2013, Mr. Hart reported that he cannot hear well enough to
9 At some prisons, FDOC maintains a policy that the volume is not used on the television sets. Therefore, when prisoners watch television they must listen to the TV audio through a separate individual radio with headphones.
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understand church services and other programs and submitted an accommodation request for a pocket talker10 with dual loops11 and cup type headphones. The FDOC responded that since Mr. Hart has hearing aids, a pocket talker is not allowed. The FDOC said the cup type headphones were approved but must be purchased through the Independent Living Aids, a vendor of the FDOC. This again operated as an illegal surcharge.
216. Mr. Hart appealed this response and pointed out two issues. First, a pocket talker would work well with hearing aids. Second, Mr. Hart had been without hearing aids for months at that point. His appeal was denied. Mr. Hart then appealed to the FDOC Secretary and this appeal was also denied on August 9, 2013 and Mr. Hart was reminded that, “You were advised previously that the pocket talker you requested was not an approved auxiliary aid. You should be able to hear effectively with your hearing aids.”
217. The FDOC has failed to provide and maintain hearing aids for Mr. Hart. On April 1, 2013, Mr. Hart filed a grievance stating that he had been without hearing aids for several months. He turned in his hearing aids in January 2013 and he was told that both hearing aids would either be repaired or replaced within 30 days. On April 15, 2013, FDOC denied this grievance and informed Mr. Hart that he has been approved for new hearing aids since the ones turned in were not repairable. Mr. Hart was further informed that he would receive a call out for clinic in order to be fitted for his new hearing aids.
218. Mr. Hart was fitted for the new hearing aids, but had not yet received them. Mr. Hart filed a request for administrative remedy on August 7, 2013 regarding receipt of his hearing
10 Pocket talkers are a type of assistive listening device that consists of personal amplifiers used to increase volume in face-to-face and small group conversations. They are about the size of a deck of cards with both a microphone and listening cord connected to them. See https://nad.org/issues/technology/assistive-listening/systems-and-devices (Last visited January 15, 2016). 11 Dual Loops, as requested by Mr. Hart, can be worn around the neck, and can work in conjunction with the telecoils in hearing aids or can be plugged into pocket talkers and headphones. The telecoil allows a hearing aid to more effectively pick up sounds from electronic devices.
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aids. On August 21, 2013, FDOC denied his grievance stating that, "You have already gone to your appointment to receive your hearing aids. Your care has been equal to or above community standards.” Still without his hearing aids, Mr. Hart appealed this denial to the FDOC Secretary. This was again denied, informing Mr. Hart that he was scheduled for an appointment “in the very near future.” In November or December of 2013, Mr. Hart finally received his hearing aids.
219. In approximately February 2014, Mr. Hart’s new hearing aids were stolen from his lock box along with his headphones and his booster. He reported the theft, but his hearing aids were not replaced. On September 8, 2014, Mr. Hart requested an update on getting new hearing aids. He received no response. Mr. Hart filed an informal grievance on September 24, 2014, again asking for an update on his hearing aids. His grievance was denied and he was told at that point that an appointment would not be made until he signed a withdrawal for $360.00 so that his hearing aids could be re-made. This again operated as an illegal surcharge. He eventually received his hearing aids in approximately October 2015, although they are not properly functioning.
220. The FDOC has failed to ensure equal access to television programming. For example, in 2015, Mr. Hart was transferred to Union Correctional Institution, a facility which initially did not have closed captioning on the television sets. Mr. Hart grieved the lack of captioning. Captioning is now provided; however, the FDOC fails to ensure that the accommodation is maintained. Often the other prisoners will turn off the captions, leaving Mr. Hart unable to access television viewing. It is not safe for Mr. Hart to protest turning off the captions with the other prisoners, and the FDOC fails to intervene.
221. The FDOC failed to give primary consideration to Mr. Hart’s request for hearing aids and other devices.
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Robert Hawk 222. Robert Hawk is incarcerated in the FDOC system and was at all relevant times. He is deaf, which substantially limits one or more major life activity, including but not limited to hearing. His primary method of communication is ASL. 223. Failure to Provide Qualified Interpreters. On July 23, 2012, Mr. Hawk received a disciplinary report for alleged possession of a contraband cell phone. The statement of facts on the report alleged that Mr. Hawk admitted in written notes to the sergeant that the phone belonged to him. However, in his July 27, 2012, witness statement, Mr. Hawk wrote that he never admitted to anything and that “[t]hey were misunderstood my writing to colonel…I didn’t say I admitted to anything.” Mr. Hawk was placed in confinement and his visitation privileges were suspended. 224. Mr. Hawk filed a grievance related to the July 23, 2012 incident stating that he did not admit to owning the contraband phone. He asked the disciplinary team to obtain a copy of the notes taken by the officer questioning him, but he was refused. He stressed that those notes were valid evidence. He also reported that the disciplinary team failed to provide an ASL interpreter upon his request. This grievance was denied on August 31, 2012, stating, “You were found guilty based on the statement of facts and the witness statements.” 225. At a disciplinary hearing the following year, the FDOC again failed to accommodate Mr. Hawk by not providing an interpreter. On June 4, 2013, Mr. Hawk filed a grievance claiming that at a disciplinary hearing for contraband, no ASL no interpreter was provided. He stated in his grievance that, “Sgt. notified about my need for sign language interpreter. Violated my ADA right. I was handcuffed in the back, unable to writing [sic] my verbal statements, the hearing quickly plea me guilty without judgement.” The grievance was
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denied and did not address the interpreter issue. Mr. Hawk’s visitation privileges were again suspended after being found guilty of the infraction.
226. The FDOC failed to give primary consideration to Mr. Hawk’s request for interpreters.
Roosevelt King 227. Roosevelt King is incarcerated in the FDOC system and was at all relevant times. He has severe hearing loss, which substantially limits one or more major life activity, including but not limited to hearing. Mr. King requires the use of hearing aids. 228. Failure to Provide Effective Telecommunications Access. On May 7, 2013, Mr. King filed a grievance reporting the following: Mr. King was residing in I dorm at Reception Medical Center but there was no TTY there. He had a pass to goto the J dorm to use it but was given a disciplinary report for being in an unauthorized area. King requested to have the disciplinary infraction removed. On May 17, 2013, Mr. King received a denial and was told that staff have discretion to accept or reject Mr. King’s reasons for being where he was and staff found his reasons insufficient. Mr. King appealed this to the FDOC Secretary May 31, 2013 and it was again denied. 229. In February 2014, at Jefferson Correctional Institution, Mr. King requested to be moved to H dorm so that he could use the TTY. Mr. King stated, “Please move me so I can call my family. I haven’t been able to use the TTY in over a month.” On February 23, 2014, his request was denied and he was told to “follow up with medical; you do not meet the criteria for TTY phone use.” Mr. King made the request to the medical department as instructed and was again told that he did not meet the criteria for TTY phone use. 230. Confused by FDOC’s responses in light of the fact that he had been previously
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approved for and had been using the TTY for years, Mr. King filed a formal grievance. Mr. King was told by the ADA coordinator that he does not meet the criteria to use the TTY even though he has been using a TTY since 2009. King noted that the FDOC just spent $2500 on a hearing aid that helps very little. Mr. King reported that “all I hear is just sound (beeps) over a regular phone” which is why he has a pass to use the TTY. However, he is not housed where the TTY is located and would like to be moved. On May 16, 2014, his grievance was denied. On May 28, 2014, Mr. King appealed the denial of his formal grievance to the FDOC Secretary and, on July 2, 2014, it was again denied. To date, at Jefferson Correctional Institution, Mr. King still must be escorted to another dorm to use the TTY, greatly limiting the amount and time of day he is permitted to use it. In contrast, prisoners using the typical voice phone have much greater access to it.
Kenneth Land 231. Kenneth Land is incarcerated in the FDOC system and was at all relevant times. He has severe hearing loss, which substantially limits one or more major life activity, including but not limited to hearing. Mr. Land requires the use of hearing aids. FDOC has been aware of Mr. Land’s disability since the beginning of his incarceration in 1981. 232. Failure to Provide Effective Telecommunications Access. On June 27, 2012, an Impaired Inmate Management and Service Worksheet (IIMS) recommended that Mr. Land have access to a TTY and noted that he did not have access to it at that time. On August 3, 2012, Mr. Land submitted an inmate request asking that a TTY be installed. FDOC told Mr. Land that it was “being worked on.” However, a December IIMS documented that there was still no TTY available in Mr. Land’s complex and he had been waiting more than six months. Mr. Land was transferred to another institution before this was resolved.
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233. In August 2014, Mr. Land was moved to DeSoto Correctional Institution for a good adjustment transfer. There was no TTY there either. He filed a formal grievance about this on November 12, 2014. Mr. Land was then moved out of DeSoto and sent to Dade Correctional Institution. He was transferred within several weeks to Northwest Florida Reception Center’s Main Unit where, again, he did not have access to a TTY. After complaining to FDOC, Mr. Land was finally moved to Northwest Florida Reception Center’s Annex where there is a TTY.
234. Failure to Alert Prisoners with Hearing Disabilities. Mr. Land is continuously at risk for being charged with disciplinary infractions because he cannot hear guards’ commands and call-outs. For example, in May 2014, security staff actually called the medical department to determine whether or not Mr. Land had an assigned impaired inmate assistant because it appeared to security that Mr. Land was having hearing difficulties resulting in disciplinary infractions. This continues to be a problem for Mr. Land at his current institution, Northwest Florida Reception Center.
235. Moreover, due to the absence of alerting devices, Mr. Land’s cellmate must wake him in the morning because Mr. Land is not able to hear the guards’ commands. Instead of providing an accommodation, the guards kick the cell door on some occasions and he can feel the vibrations which may wake him, but this is not always the case and he has missed wake up calls. Mr. Land filed an informal grievance on August 5, 2014, stating that he could not hear what the officers were saying over the intercom, and that he needed an inmate assistant because he was losing his vision. The response said, “[i]f you feel that you an impaired inmate that requires special needs and assistance, you need to send an Inmate Request to Mr. Edwards, Assistant Warden of Programs, and he will set up an evaluation.” The response ignored the fact that Mr. Land had been designated an impaired inmate for years. On August 6, 2014, Mr. Land
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received a Corrective Consultation, which is a disciplinary action that does not result in a formal Disciplinary Report (DR), for not sitting up in his bed during count. As Mr. Land pointed out, he was not sitting up because he could not hear the announcement that it was count time.
236. The FDOC failed to give primary consideration to Mr. Land’s request for alerts. Richard Tasker 237. Richard Tasker is incarcerated in the FDOC system and was at all relevant times. Mr. Tasker is deaf, he has tinnitus, and although he can speak, he has difficulty communicating. Mr. Tasker became deaf later in life—at approximately age 40—and as a result he struggles to acquire skills to allow him to communicate effectively. Mr. Tasker has some minor residual hearing and if given properly fitted and operable hearing aids, can hear to some degree. Mr. Tasker was in a motorcycle accident in 1973 that crushed his vertebrae, resulting in chronic cervical, thoracic and lumbar pain which impedes his mobility. Mr. Tasker’s left leg was amputated in 2000 while in FDOC custody. He uses a leg prosthesis and a wheelchair for limited mobility, and requires special shoes. His deafness and mobility issues substantially limit several major life activities, including but not limited to hearing, walking, and caring for himself. 238. Mr. Tasker has been designated as a mobility impaired inmate and a deaf impaired inmate by the FDOC. His deafness and other disabilities are well documented in his medical and administrative records by FDOC. FDOC has full knowledge that Mr. Tasker has disabilities and requires accommodations. Moreover, every day he wears a badge in the prison which says he is DEAF, and he sits in a wheelchair when it is made available to him. 239. Failure to Provide Qualified Interpreters. Because Mr. Tasker does not use ASL, and can speak, often the FDOC wrongly believes he can communicate in a bi-directional way. Since July 2013, Mr. Tasker has filed at least ten grievances or Reasonable Modification or
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Accommodations Requests seeking the services of an Oral Interpreter. Oral Interpreters were requested for disciplinary review hearings, programing, medical visits, classification appointments, dental visits, mental health visits, and other investigations. To date, FDOC has failed to provide an Oral Interpreter for any of his interactions with FDOC.
240. The FDOC failed to give primary consideration to Mr. Tasker’s request for interpreters.
241. Failure to Provide Effective Telecommunications Access. Mr. Tasker has been allowed to use the TTY while incarcerated by the FDOC since approximately 1997. Even with the documented need and historical authorization to use the TTY, since June 2008 Mr. Tasker has had to file approximately eleven grievances or other requests to use the TTY equitably.
242. Mr. Tasker’s TTY related grievances include the FDOC denying him use of the TTY because the FDOC said he was no longer deaf enough, limiting his call time to fifteen minutes, and placing the TTY in a physical location which was inaccessible to him as a wheelchair user. Although Mr. Tasker has used the TTY in the FDOC system for approximately 16 years, when transferred to different facilities, the FDOC fails to provide him with access to a TTY, and he must renew his request for use. To gain equitable telephone access, Mr. Tasker was forced to grieve the absence of effective telecommunications access multiple times.
243. Moreover, the FDOC has a practice of requiring deaf inmates like Mr. Tasker to go the medical department to get authorization to use the TTY, and therefore pay a $5 copayment. This copayment operates as an illegal surcharge to obtain an accommodation or auxiliary aid.
244. Failure to Provide Auxiliary Aids and Services. Mr. Tasker’s records outline the discrimination he experienced trying to get the FDOC to accommodate his hearing loss through
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any means possible. The FDOC’s own records verify the policymakers’ misunderstanding of the efficacy of hearing aids.
245. The FDOC makes the following notes in Mr. Tasker’s records: “Your hearing aid provides you the ability to hear the TV.” (5/31/14); “You are assigned a hearing aid which has corrected your hearing.” (8/4/14); “You have the ability to hear when you wear your hearing aid that has been documented by medical.” (11/13/14); “According to our clinic here you have no problems communicating and hear fine with hearing aids.” (12/5/14); “You have a hearing aid and all phones at Franklin C.I. have adjustable volume, this is ample accommodation to allow you to use the phone.” (4/8/15). Contrary to what the FDOC documents in Mr. Tasker’s records, a hearing aid does not make a deaf person have perfect hearing. When properly fitted, hearing aids can help to amplify and clarify some sounds. But hearing aids do not guarantee that Mr. Tasker can hear all spoken dialogue, commands, noises, TV audio, voices on a telephone, or other alerts.12
246. When a prisoner is given a hearing aid by the FDOC, it is not tested for all applications in which it may be needed. For instance, its efficacy is not tested while the prisoner is using the phone, watching TV, listening to a PA system, and in other situations where the hearing aid must be used. Inmates are simply given the hearing aid to use with the hope that it will help for all of the inmates’ needs. For example, FDOC performed Mr. Tasker’s hearing evaluation in a special audiological booth at Reception and Medical Center, but he was not allowed to test it in other situations.
247. As a result of FDOC’s fundamental misunderstanding of the efficacy of a hearing aid, Mr. Tasker has been on a 16-year journey to be accommodated properly for his hearing loss.
12 See “Hearing aids can't restore normal hearing.” http://www.mayoclinic.org/diseases-conditions/hearing-loss/indepth/hearing-aids/art-20044116 (last visited January 19, 2016).
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For example, the radio available for purchase in the canteen does not allow him to hear the TV audio. As a result, Mr. Tasker requested a reasonable auxiliary aid of a radio with amplification accessories to watch TV. Even though his family agreed to purchase the device for him, the FDOC denied his request to be accommodated.
248. FDOC records show that Mr. Tasker has been requesting the accommodation of a radio with the accompanying booster and amplifier so that he can participate in equitable television viewing since approximately March 2005. Although FDOC’s medical department diagnosed him as having hearing loss, they continually deny his request for a radio saying, in essence, that he is not deaf enough. As recent as November 2014, he was once again denied the accommodation of an amplified radio.
249. Upon repeated written requests, FDOC denied Mr. Tasker any alternate accommodation to the radio, except telling him to use his hearing aids. FDOC repeatedly fails to give primary consideration to his request for an amplified radio. In fact, they have failed to provide him any effective accommodation in lieu of the standard radio. As of December 2015, Mr. Tasker has not been provided a radio with sufficient amplification and clarification technology that allows him access to the TV audio.
250. The FDOC has also failed to grant his 2013, 2014 and 2015 requests for a transmission device to attach to the TV so that amplified radios can be used by deaf and hard of hearing inmates.
251. Unable to hear the TV through a radio, Mr. Tasker has tried but has been unable to access the TV audio through seeing the spoken word via captioning. On September 21, 2013, May 14, 2014 and February 13, 2015, Mr. Tasker made Reasonable Modification or Accommodation Requests or grieved the need for captioning. All were denied.
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252. In response to his February 13, 2015 grievance, Mr. Tasker was told report to the medical department if he had further issues. But again, the $5.00 copayments operate as an illegal surcharge.
253. When Mr. Tasker has been afforded closed captioning at certain facilities, the non-deaf inmates will often turn off the captions, complaining they block sections of the TV screen. It is unsafe for Mr. Tasker to protest the caption removal, and the FDOC fails to intervene to safeguard his federally protected rights.
254. As the FDOC continually denied his requests for radios, TTYs, captioning and other accommodations, in July 2013, Mr. Tasker attempted to obtain the accommodation of a pocket talker. A pocket talker is a device equipped with a microphone that amplifies sound resonating near the inmate (for example, a guard’s voice), and then to some degree clarifies that sound. A pocket talker could possibly assist Mr. Tasker with hearing noises, commands, dialogue or other alerts as he travels through the prison buildings. This request was denied by the FDOC, again by telling him his hearing aids were a sufficient accommodation.
255. The FDOC has also failed to provide Mr. Tasker with functioning hearing aids. Mr. Tasker’s medical and administrative records document the tension between Mr. Tasker and the FDOC about the granting, use, fitting, and need for batteries for his hearing aids. He has fought to get the correct number of properly fitted hearing aids and batteries as far back as May 2012.
256. Hearing aids provide Mr. Tasker a level of safety. Hearing aids allow him to hear the voices of some officers and inmates when they are in close proximity and looking at him, making it easier and safer for him and others to navigate through prison life. They also provide him the ability to protect himself to some degree because although he may not be able to identify
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a loud sound, he will hear something. FDOC has littered Mr. Tasker’s records with denials for other accommodations based on him having operable and properly fitted hearing aids, when in fact that he has not always had the correct number of operable and properly fitted hearing aids.
257. The FDOC failed to give primary consideration to Mr. Tasker’s request for hearing aids and other devices.
258. Failure to Alert Prisoners with Hearing Disabilities. The FDOC fails to accommodate Mr. Tasker with any type of device to assist him with hearing, and fails to structurally modify the prisons with visual flashers or other signage. As a result, Mr. Tasker has missed call-outs, count, yard calls, and other commands which lead to reprimands, disciplinary reports, or missing meals, appointments, and access to the recreation yard.
259. As early as October 9, 2013, Mr. Tasker submitted an inmate request seeking help with following officer commands, stating, “[t]here is no way that I can hear [officers] calling me over intercom (yard) unless I’m looking dead at them when I’m being called spoken to” and “[y]ou have to do something because I’m getting in trouble for not hearing the orders and trying things they’re saying to me. They act as though I can hear them and I can’t 100% only about 50% and this is only when my hearing aids are functioning. Please I don’t want to get into any trouble, please.” However, FDOC failed to provide Mr. Tasker with any accommodations for this issue.
260. In a July 2014 grievance appeal filed by Mr. Tasker, he again tells the FDOC he can’t hear the commands of the officers. FDOC failed to act. Then in October 2014, there was a verbal announcement for inmates to remove kitchen items from their cells. Mr. Tasker did not hear the command and received a Disciplinary Report for not following orders. At the DR hearing, Mr. Tasker requested an Oral Interpreter to help him understand what was happening.
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The request was denied, and he was found guilty of having the kitchen items in his cell in defiance of a verbal order.
261. In June 2015, Mr. Tasker grieved a corrective consultation for again failing to follow a verbal order. On this occasion Mr. Tasker was in the bathroom when a verbal command was made for inmates to report to count. Mr. Tasker did not hear the order.
262. The FDOC failed to give primary consideration to Mr. Tasker’s request for alerts. 263. Engaging in Retaliation and Interference. Upon information and belief, after Plaintiff began investigating the violations within the FDOC, Mr. Tasker has been asked to attend two ADA Review meetings to discuss his ADA concerns during his 30 years of incarceration. Both meetings occurred at Franklin C.I. On one occasion, Mr. Tasker was called to an ADA Review meeting, but because he was denied a pusher for his wheelchair, he arrived at the meeting late, and was told he could not participate because he was late. At another ADA meeting, Mr. Tasker tried to discuss issues he was having as a deaf inmate, and the assistant warden for security looked directly at him and told him to “shut the fuck up.” Kevin Osborn 264. Kevin Osborn was incarcerated in the FDOC system and was at all relevant times. He was formally committed to prison by the State of Wyoming, but spent 13 years in the FDOC system under an interstate compact agreement. He has hearing loss, which substantially limits one or more major life activity. He began losing his hearing significantly at age 55 while in prison and as a result can speak very well, but he does not know ASL. Mr. Osborn also requires the use of a hearing aid. Mr. Osborn has been designated as a deaf impaired inmate by the FDOC. His hearing loss is well documented in his medical and administrative records; therefore the FDOC has had full knowledge that Mr. Osborn cannot hear and would therefore require some
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accommodations. Moreover, every day he wears an FDOC badge that says he is Impaired. 265. Failure to Provide Qualified Interpreters. Mr. Osborn communicates by using
his residual hearing and lip-reading. Although this helps him get through some one-on-one conversations, it is not effective in all settings such as telephonic hearings. Since 2014, Mr. Osborn submitted various grievances which reflect his need for an Oral Interpreter to provide effective communication. Although interpreters were approved for his use, he only received an interpreter one time during his incarceration.
266. Mr. Osborn was scheduled to have a telephonic parole hearing with the Wyoming Department of Corrections on March 10, 2015. Because the Okaloosa C.I. administration building had no operable TTY, Mr. Osborn was unable to participate by phone, and requested an oral interpreter for the hearing. Because the FDOC failed to act in time, the hearing had to be postponed to March 12, 2015 to allow time to secure either an operable TTY and or an oral interpreter. The FDOC failed to provide either, and the hearing was postponed a second time to March 24, 2015.
267. But even with the significant advance notice, the FDOC failed again to provide either accommodation for the March 24, 2015 hearing. As a result, Ms. Ellis Armstrong, a classification specialist, insisted that she act as Mr. Osborn’s interpreter. In lieu of providing an operable TTY or a qualified and trained oral interpreter which would have allowed Mr. Osborn to independently participate in his parole hearing, Ms. Ellis would listen to the parole board on the telephone, and then “tell” Mr. Osborn what was being said. This was not effective, and denied him the two-way exchange required in a parole hearing. Mr. Osborn strenuously objected to using Ms. Armstrong as an “accommodation” and expressed his objection to the members of the Wyoming Parole Board. Ms. Armstrong then terminated Mr. Osborn’s parole hearing
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268. Mr. Osborn then filed a formal grievance about the denial of effective communication for the telephonic parole hearing and requested another parole hearing. Although Mr. Osborn never agreed to allow Ms. Ellis to act as an interpreter, on April 6, 2015, the FDOC responded to his grievance by saying Mr. Osborn agreed to the classification officer helping with the telephonic hearing, based on the fact that in essence both the FDOC and Mr. Osborn knew the TTY did not work. This was not true because Mr. Osborn was told the TTY issues would be corrected, but they never were. Mr. Osborne was also told in the response that another parole hearing would be scheduled.
269. However, Mr. Osborne did not receive a new date for his parole hearing, so he then sent a letter to the Wyoming Parole Board on April 28, 2015 asking about the rescheduling of his parole hearing. On May 4, 2015, the Wyoming Parole Board told Mr. Osborn by way of letter that his hearing was not rescheduled and that the result of the March 24, 2015 parole hearing, which he was unable to access due FDOC’s failure to accommodate him, was that his parole had been denied. This caused a great deal of stress and concern for Mr. Osborne who had been denied parole without the opportunity to be heard at his hearing.
270. Upset about the discrimination and the inability to participate in his own parole hearing, Mr. Osborne sent another letter to the Wyoming Board of Parole on June 4, 2015 stating the FDOC told him he would get a new parole hearing due to the lack of the interpreter and inoperable TTY during the March 24, 2015 hearing. On June 12, 2015, the Wyoming Board of Parole finally agreed to provide a new parole hearing. On June 23, 2015, over three months after the date Mr. Osborn should have had his parole hearing, and after enduring a great deal of unnecessary stress, Mr. Osborn was granted a hearing with a qualified interpreter.
271. These problems have persisted in the medical context. In October 2012, Mr.
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Osborn was diagnosed with an aortic abdominal aneurism. Thus, when he attended medical calls he wanted to make sure there was no miscommunication. As his hearing became worse, in February 2014 Mr. Osborn requested an Oral Interpreter for his medical consultations. His request was approved but only as “medical deem necessary.” Even with this approval, the FDOC failed to provide interpreters for any of his medical visits.
272. As a result of substandard medical care he was receiving, in January 2015 Mr. Osborn filed a medical negligence lawsuit against Corizon (the private medical provider) and a Corizon doctor. A telephonic hearing was scheduled on the matter on July 10, 2015. Mr. Osborne filed a motion with the Court requesting a telephone appearance explaining to the Court that he will be using a TTY to attend the hearing. On July 6, 2015, the Court granted Mr. Osborn’s motion and advised of the immediate need to contact the court so that his call can be placed through the CourtCall system. This instruction was included not only in the Court’s Order but in a letter signed by the Court on the same day.
273. Again Mr. Osborn requested the use of an operable TTY or a qualified oral interpreter from the FDOC for the July 10, 2015 hearing. On July 10, 2015, Classification Officer Brunson attempted to call the Court so that Mr. Osborne could participate in the hearing by way of TTY. But the FDOC was unable to provide an operable TTY line for this hearing, which was the exact same problem Mr. Osborn experienced in March 2015 for his telephonic parole hearing. FDOC tried unsuccessfully to get the antiquated device to connect with the Court, but failed. The hearing did not happen because no contact with the court could be made.
274. On July 21, 2015, Mr. Osborn filed a Request for an Administrative Remedy based on his inability to participate in the telephonic hearing, explaining that this was the same problem he faced months before and should have been rectified. His request was denied, and the
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FDOC placed the blame for the failed TTY call on the Court’s CourtCall system and not on the inoperable TTY line. Eventually, the court rescheduled the hearing for August 12, 2015.
275. Unfortunately, the August 12, 2015 telephonic court hearing was just as inaccessible as the July hearing. Again, in lieu of providing a qualified interpreter or an operable TTY, Classification Officer Johnson falsely and over Mr. Osborn’s objections told the Court she was his “oral interpreter.” Without an interpreter or an operable TTY, Mr. Osborn had to rely on Ms. Johnson who attempted to type everything the Court and defense counsel said during the hearing so that Mr. Osborn could read the dialogue on a computer screen. Although Mr. Osborn was able to speak at times, he could not effectively participate in the hearing because of Ms. Johnson’s inability to type quickly and without error. As a result, Mr. Osborn could not understand all of what the court and opposing counsel was saying, which left him unable to meaningfully and effectively participate, although he tried. Moreover, Ms. Johnson could not be considered “impartial,” as the lawsuit is against FDOC’s medical contractor, and Ms. Johnson is an FDOC employee. When Mr. Osborn grieved the use of the classification officer, the FDOC again responded by saying, falsely, that Mr. Osborn agreed to it. Mr. Osborn vehemently denies he agreed to use the classification officer instead of being provided a qualified interpreter or a working TTY.
276. The FDOC failed to give primary consideration to Mr. Osborn’s request for qualified oral interpreters.
277. Failure to Alert Prisoners with Hearing Disabilities. The FDOC has failed to make the required structural modifications to ensure that prisoners with hearing disabilities can hear announcements, wake in the morning, or respond to emergency drills. As a result, Mr. Osborn must rely on a cellmate to wake him in the morning or he will miss meal calls. He must
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also rely on other inmates during emergency evacuation drills due to the absence of proper lighting or vibrating devices to warn him independently of emergencies. In the event of an evacuation, Mr. Osborn must be able to independently evacuate, and not rely on others inmates who may put his safety second to theirs.
278. Failure to Provide Effective Telecommunications Access. As discussed above, Mr. Osborn has been denied access to a TTY for telephonic hearings. Additionally, in October 2013, Mr. Osborn filed a Reasonable Modification or Accommodation Request because the TTY relay number had not been added to his calling list. In order for a deaf person to place a call on the TTY, they must go through the Telecommunications Relay Service (TRS). Without the TRS the call cannot be made, unless the call is being made directly to another TTY user. The vast majority of all TTY calls from prison must go through the TRS. Mr. Osborn was denied equitable phone access because he could not call TRS. In December 2013, the TRS number had still not been added to his call list. It wasn’t until January 2014, after the holidays, that the TRS number was added allowing him to make telephone calls more equitably.
279. In November 2014 while at Okaloosa, Mr. Osborn filed a formal grievance because the TTY was only working for 15 minutes, and not the longer time allotted for TTY calls. On December 5, 2014, FDOC responded to the grievance by stating they inspected the TTY and it was working fine. This response demonstrated that staff fail to understand how the device operates. A person trained on the use of a TTY would know that it was not the TTY device itself that was shutting off after 15 minutes, but it was Securus, the telephone provider, that was automatically terminating the calls after 15 minutes. On December 16, 2014, Mr. Osborne promptly appealed the decision and explained to the FDOC how the TTY works and identified Securus as the issue. FDOC did not respond until April or May of 2015, saying that it
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would run a separate cable to ensure that the TTY would not terminate calls after 15 minutes. 280. Failure to Provide Auxiliary Aids and Services. FDOC has also failed to provide
auxiliary aids that would enable Mr. Osborn to have equal access to programs and services. When certain aids and services are approved, the FDOC imposes an illegal surcharge. For example, in January 2015 Mr. Osborn requested headphones so that he can hear the radio and utilize the television transmitter. This request was approved, but Mr. Osborn was told he would need to pay for these accommodations himself. This operated as an illegal surcharge on Mr. Osborn.
281. The FDOC has failed to ensure equal access to television programming. At Okaloosa C.I., the FDOC fails to ensure that the closed captioning accommodation is maintained. Often the non-deaf inmates will turn off the captions and will not allow them to be turned on. It is not safe for Mr. Osborn to protest turning off the captions with the other inmates, and the FDOC fails to intervene.
282. The FDOC failed to give primary consideration to Mr. Osborn’s request for auxiliary aids and services.
Bobby Webb 283. Bobby Webb is incarcerated in the FDOC system and was at all relevant times. He is severely hearing impaired, which substantially limits one or more major life activity, including but not limited to hearing. Mr. Webb has been incarcerated since 1980 and began to experience hearing loss in 2002. He had previously served for 10 years in the Navy and worked around jet engines, sometimes without hearing protectors. 284. Failure to Provide Auxiliary Aids and Services. On March 10, 2014, Mr. Webb saw an audiologist at Northwest Florida Reception Center (NWFRC), who told Mr. Webb that he
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had no hearing in his right ear and less than 40% hearing in his left. The audiologist recommended a hearing aid for his left ear and advised Mr. Webb to begin learning ASL.
285. Later that month, Mr. Webb saw an ear, nose, and throat specialist at NWFRC, who also found he had significant hearing loss and noted that the audiologist had recommended a hearing aid. The ENT specialist also recommended a hearing aid for Mr. Webb’s left ear. On March 26, 2014, Dr. Resilard submitted a consultation request for a hearing aid for Mr. Webb, noting that an amplification device was recommended by audiology and by the ENT. The request was denied by the FDOC on April 4, 2014.
286. In April of 2014, Mr. Webb had a follow-up appointment with Dr. Resilard, where Mr. Webb was informed that his hearing aid had been denied, despite being recommended by the two specialists.
287. As a result of FDOC’s failure to provide Mr. Webb with hearing aids, Mr. Webb cannot hear officers paging him on the intercom, sometimes cannot hear officers’ orders, and is often unaware of what is going on in prison. Mr. Webb has lost any semblance of independence he previously had, as he is forced to rely on other prisoners to make sure he is in compliance with officers and conduct his day-to-day living activities.
288. Mr. Webb continues to be denied hearing aids despite his profound and documented hearing loss. Mr. Webb also suffers from dizziness, which may be the result of his diminished hearing and lack of hearing aids.
289. The FDOC failed to give primary consideration to Mr. Webb’s request for hearing aids and other hearing assistive devices.
Fernando Sotolong 290. Fernando Sotolong is incarcerated in the FDOC system and was at all relevant
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times. He is hearing impaired, which substantially limits one or more major life activity, including but not limited to hearing. Mr. Sotolong requires the use of a hearing aid in his right ear.
291. Failure to Provide Effective Telecommunications Access. In September 2014, the person Mr. Sotolong had been calling with the TTY received a phone bill for $360.35 for fourteen TTY calls. Because of this exorbitant bill, Mr. Sotolong has not used the TTY since then as he is afraid of such charges. Mr. Sotolong attempted to use the regular phone to call his mother who is very ill by pushing it very close to his ear, but he still could not hear. Each time he files a grievance, FDOC claims that it is beyond their control.
Valerie Boyette 292. Valerie Boyette was incarcerated in the FDOC system from February 25, 2015 to December 23, 2015. She is deaf, cannot communicate well with spoken English, cannot lip-read effectively and cannot read proficiently, all of which substantially limits several major life activities, including but not limited to hearing and speaking. Her primary method of communication is American Sign Language (ASL). Ms. Boyette was diagnosed as being deaf when she was five months old. She was designated as a deaf impaired inmate by the FDOC and is only 23 years old. She had a badge which says she is Hearing Impaired. 293. Failure to Provide Qualified Interpreters. FDOC consistently failed to provide ASL interpreters for Ms. Boyette. The discrimination began when she was first processed at Florida Woman’s Reception Center (FWRC). FDOC failed to provide interpreters for the interactive receiving process. Processing includes physical, psychological, educational, and substance abuse exams and screenings. Due to FDOC’s failure to provide effective communication, Ms. Boyette was excluded from this process because she was deaf.
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294. In lieu of providing qualified interpreters, Ms. Boyette was told she would have to use inmate assistants as her interpreters. Many of the assistants could not sign adequately, and all of them afforded her no privacy or confidentiality. Ms. Boyette had several medical appointments where no qualified interpreter was provided; instead she was forced to attend the appointment with another inmate. Sometimes Ms. Boyette was given an impaired inmate assistant who knew sign language, but then that assistant would be transferred and Ms. Boyette would again be without the ability to communicate. Ms. Boyette filed Inmate Requests at FWRC and at Lowell C.I. to obtain interpreters. But she only received a qualified interpreter one time during her incarceration, which was the day she graduated Boot Camp on December 23, 2015.
295. During her incarceration, Ms. Boyette attended one AA meeting, and at that meeting she was forced to use an inmate interpreter who only knew how to fingerspell. Although Ms. Boyette was still unable to follow much of what was said because there was no interpreter, the inmate who would finger spell was better than nothing, and allowed her gather some of what was happening. Moreover, for Ms. Boyette to attend future meetings, both Ms. Boyette’s name and the name of the inmate interpreter needed to be on the attendee list. The FDOC never put the inmate interpreter’s name on the list. Ms. Boyette filed an Inmate Request asking for the inmate interpreter to be allowed to attend, regardless of the inmate interpreter's skill, but FDOC refused. She was denied the ability to benefit from the AA meetings and never attended another AA meeting.
296. Upon her arrival at the FWRC she was also mocked and belittled by the guards. They called her “deaf and dumb,” teased her, told her she was feigning her deafness and mimicked her signing in an offensive way. She filed several Inmate Requests seeking help for the bullying and intimidation but received no response to her requests. The bullying continued at
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Lowell C.I. 297. The FDOC failed to give primary consideration to Ms. Boyette’s request for
interpreters. 298. Failure to Provide Effective Telecommunications Access. Immediately upon her
arrival to FWRC, Ms. Boyette requested to talk with her family by telephone. Because she was told FDOC does not provide videophones, she asked to use the antiquated TTY. Ms. Boyette then began a 10 month quest to try to place a call to her family through a TTY. But it never worked. Throughout Ms. Boyette’s 10-month incarceration, she never was never once able to communicate with her family through the TTY.
299. Accessing the TTY was a multi layered problem created by the FDOC, and Ms. Boyette received conflicting responses as to why she could never call her family. First, she was placed in dorms that did not have a TTY, and when that occurred she had to make requests to be transferred to a dorm with a TTY. This happened several times at both FWRC and Lowell.
300. Ms. Boyette’s mother began a calling and emailing campaign to receive a TTY call from her daughter. Ms. Boyette’s mother spoke to classification officers, assistant wardens and Securus representatives and was provided conflicting responses several times each month. In March and in May of 2015, Ms. Boyette’s mother was told the phone list had not been approved. In June 2015, Securus said the mother’s account was working properly, but the FDOC said the list had not been approved. In July, Ms. Boyette’s mother was told by Classification they had not received the list but would contact her, and the assistant warden said she would check on it. In August, the classification department told her they were still trying to get the TTY to work and they would assign Ms. Boyette a new pin number.
301. Once Ms. Boyette was transferred to the Boot Camp on approximately August 20,
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2015, she was told to bring the TTY with her because allegedly the TTY issues had been resolved. However, when Ms. Boyette attempted to call her mother the TTY call would not go through. FDOC thought the TTY was broken and obtained a new TTY. The new TTY was set up in approximately September 2015 and Ms. Boyette attempted again to call her mother. The TTY call would still not go through.
302. FDOC was never able to correct the TTY issue. In lieu of providing her a videophone, the FDOC had an officer at the Boot Camp make a phone call for Ms. Boyette each Saturday to her family. To place the call, the officer would talk to her family, and then write down what the family was saying to Ms. Boyette Then Ms. Boyette would write what she wanted to say to her family and the officer would vocalize her words into the telephone. This process did not constitute equitable and effective communications access.
303. Failure to Alert Prisoners with Hearing Disabilities. Ms. Boyette has been excluded from other prison services and programs entirely due to her inability to hear the staff. For instance, other prisoners had to wake her up in the morning. When other prisoners forgot to wake her, the guards would kick her bed which scared her and made her feel unsafe. Ms. Boyette endured this intimidating wake up procedure at FWRC and Lowell.
304. Exclusion from Jobs and Programs. Ms. Boyette did not receive the mandatory sexual abuse orientation that is required by the Prison Rape Elimination Act (PREA). Instead the FDOC provided her some sheets of paper with rules on them, but she did not fully understand the papers.
305. Ms. Boyette was Court-ordered to attend Boot Camp, and at first the FDOC refused to allow her to attend, telling her that the FDOC does not allow deaf prisoners at the Boot Camp. She became very upset and through the use of an inmate interpreter had to explain
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why it was unfair to deny her the opportunity to try Boot Camp because of her deafness. Only upon her protests did the FDOC let Ms. Boyette attend Boot Camp, where she was able to successfully complete the program. She was told she was the first deaf woman to be allowed in Boot Camp.
Prisoners with Mobility Impairments Dennis Waller
306. Dennis Waller is incarcerated in the FDOC system and was at all relevant times. Mr. Waller had back surgery in 2011 and has not been able to walk since then. He has a physical impairment that substantially limits one or more major life activity, including but not limited to walking. He uses a wheelchair for mobility.
307. Failure to Maintain Wheelchair Accessible Facilities. On November 14, 2013, Mr. Waller filed an informal grievance complaining that there are 15 wheelchairs in one dorm and not enough space to access all programs and services, such as watching television. The grievance was denied.
308. Mr. Waller has had difficulty using the shower facilities because there was only one handicapped shower at Mayo C.I., where he was housed. There was also not sufficient room in the dining hall for all the inmates using wheelchairs, and the outdoor track is not paved, thus making it impossible to use it with a wheelchair and exercise.
309. In January 2014, Mr. Waller filed a formal grievance at Mayo Annex, complaining that there were 12 wheelchairs in J2 Dorm and only one accessible shower, which did not have a handheld wand, thus making it inaccessible.
310. Failure to Provide and Maintain Wheelchairs and Assistants. Mr. Waller has had difficulty getting his wheelchair repaired and/or replaced. On May 21, 2015, Mr. Waller asked
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for his wheelchair to be fixed as it developed a problem with its wheels and bearings. Mr. Waller was told to “watch for callout.” On July 24, 2015, he inquired again and was told the wheelchair was on backorder. On August 26, 2015, he asked again and was told it would take up to two weeks. FDOC finally issued Mr. Waller a new chair on Friday, September 24, 2015, nearly four months after his initial request.
311. After he received his new wheelchair, Mr. Waller has seen the old broken ones out on the grounds being used by other inmates. He is able to verify that they are the same wheelchairs because he can identify them either by number or he recognizes the missing parts.
312. On March 15, 2013, Mr. Waller filed an informal grievance complaining that he had never met the inmate who was supposedly assigned to push his wheelchair. Mr. Waller has continued to have difficulty securing such assistance throughout his incarceration. He has gone weeks and even months at a time without a “pusher.” When this happens, Mr. Waller must get himself around the grounds of the prison and it is extremely difficult, often arriving late for meals and other activities or arriving drenched in sweat. If one pusher is no longer available, the process of requesting and securing a new one can take months.
313. For example, Mr. Waller had a pusher at Mayo Correctional Institution but that individual was no longer available after being sent to confinement. On June 9, 2015, another prisoner requested to be Mr. Waller’s pusher. FDOC responded, “You’ll be reviewed.” Mr. Waller inquired about the status on June 15, 2015, and FDOC responded that training would be scheduled. Mr. Waller inquired again and was informed, “I’m working on it.” To date Mr. Waller still does not have a wheelchair pusher assigned to him.
314. Engaging in Retaliation and Interference. Mr. Waller and the other prisoners who use wheelchairs have been subjected to unfair harassment that interferes with their equal
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access to FDOC programs, services, and activities. For instance, Officer Mossley has been telling the inmates that no one other than an assigned inmate is allowed to assist a wheelchairuser. As a result, on October 21, 2015, there was no one available to assist Mr. Waller with getting to a medical appointment because his assigned assistant was in confinement, and Officer Mossley would not permit another inmate to assist Mr. Waller. Mr. Waller filed an informal grievance about this on October 23, pointing out that it took three and a half months for his current assistant to be assigned, and he would rather not be harassed for several months waiting for a new one.
David Belle 315. David Belle is incarcerated in the FDOC system and was at all relevant times. As a result of a birth defect, Mr. Belle is missing both feet and uses two artificial limbs. He can ambulate to some degree, but not for long periods of time, and for that reason he also uses a wheelchair for mobility. His right hand is missing most of the digits. His mobility issues substantially limit several major life activities, including but not limited to walking and caring for himself. Mr. Belle has been designated as a mobility impaired inmate by the FDOC. His disabilities are well documented in his medical and administrative records by FDOC. FDOC has had full knowledge that Mr. Belle is disabled and requires accommodations. Moreover, every day he wears a badge in the prison which says he is IMPAIRED, and uses prostheses or sits in a wheelchair. 316. Failure to Maintain Wheelchair Accessible Facilities. Mr. Belle has been housed at a number of facilities including Gulf C.I., Mayo C.I. and Suwanee Annex. Each facility has features that are inaccessible to wheelchair users. At Suwannee C.I., there are ten inmates with disabilities who must share one handicapped accessible urinal, and one handicapped toilet stall.
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This is not sufficient to accommodate the disabled inmates who require longer time for toileting. The one handicapped stall in the bathroom is often taken over by other prisoners without disabilities. As a result the stall is constantly in use. It is widely known that abled bodied inmates use the handicapped stall, but the FDOC fails to ensure that the toilets are available for the prisoners with mobility impairments.
317. The showering facilities at Gulf C.I., Mayo C.I., and Suwanee C.I. are not accessible to Mr. Belle. Mr. Belle is unable to bring his wheelchair into the shower, and cannot shower with his artificial limbs or they will be damaged. Mr. Belle must jump out of his wheelchair and shower on the stall floor while balancing himself on his knees. This is degrading and humiliating for Mr. Belle. Once Mr. Belle completes his shower he must jump back into his wheelchair while his body is still wet. This has caused water damage to his wheelchair seat, and as a result his wheelchair has been replaced three times. If Mr. Belle was afforded an accessible shower stall, with proper benches, wands, and accessible water control handles, this preventable wheelchair damage would not occur.
318. The shower benches at the three facilities are insufficient in a number of ways. The benches are too far from the shower head to be able to use them while showering. At Suwannee C.I. the bench is on a hinge, and Mr. Belle must physically push the bench out of the way so that he may shower on the stall floor on his knees. The hinge does not lock, and if he makes any contact with the bench while showering it will fall and hit him on the head. Similar bench barriers exist at Mayo and Gulf C.I. Due to his missing digits and feet he can’t balance himself on the bench to reach the water controls. Therefore, at Gulf C.I., Mayo C.I., and Suwanee C.I., the only way Mr. Belle can reach the hot and cold water controls is when he is on his knees on the floor. The shower wands at the three facilities are either of insufficient length or
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not provided at all. Mr. Belle has requested a shower wand at Suwannee, but it has not been provided.
319. At Gulf C.I., Mayo C.I., and Suwanee C.I., Mr. Belle is not afforded any privacy when using the handicapped shower stall. The stalls are in plain view of other inmates and the guards, and there is no privacy screen. Mr. Belle tries to position his wheelchair or a laundry cart to block the view of others, including female guards, but sometimes the guards tell him to move the obstruction. The abled bodied inmates are afforded the ability to shower behind a half wall which blocks the view of the lower half of their bodies.
320. The dining halls at Gulf C.I., Mayo C.I. and Suwanee C.I. have insufficient seating for wheelchair users. Inmates with disabilities must wait, often outside without cover, until a seat is available for their wheelchair. Inmates with disabilities wait longer to eat than the abled bodied inmates.
321. At Gulf C.I., Mayo C.I. and Suwanee C.I., Mr. Belle is excluded from activities on the yard. The facilities offer only a cement sidewalk to a pavilion, where the handicapped seats are limited. The walking track is made of dirt which prohibits inmates in wheelchairs from using it, or if used risk destroying their wheelchairs and tires. The abled bodied inmates are allowed to enjoy basketball, volleyball and other activities, while the inmates in wheelchairs are limited to travel to and from the pavilion. The pavilion has a checker table, but the FDOC fails to provide checkers.
322. Failure to Provide and Maintain Wheelchairs and Assistants. Although Mr. Belle has two prosthetic legs, he often must use a wheelchair to travel longer distances on the prison compounds, for call-outs, showering, or when going to the dining hall. The wheelchair is needed at the dining hall because he must wait a long time in line to be seated, and due to his disability is
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unable to stand for a long duration. 323. When Mr. Bell was first incarcerated in 2014, he was sent to the Central Florida
Reception Center in Orlando, Florida. He arrived with his two prosthetic legs, and upon arrival requested a wheelchair. FDOC told Mr. Belle he could either use his prosthesis or a wheelchair, but he could not have both. Mr. Belle explained that he needs a wheelchair in addition to the prostheses because he cannot walk long distances, cannot stand for long period of times and when his body is tired it impacts the efficacy of the prostheses. The wheelchair request was denied.
324. On April, 24, 2014, the same day he arrived, instead of being provided a low bunk and low tier cell as he requested, he was placed on a top bunk on the second floor of the facility. Later that same day Mr. Belle, fell down the stairs at the facility. After this preventable injury, FDOC finally provided him a wheelchair, a low bunk, and a low tiered cell. However, when Mr. Belle was transferred to Mayo C.I., they would not renew his wheelchair pass. Mr. Belle, with his documented disabilities in the FDOC records, needed to submit another request to obtain a wheelchair pass at Mayo C.I.
325. Mr. Belle is now using his third FDOC issued wheelchair which has been repeatedly replaced due to damage while showering. His current wheelchair is ripped on the seat and near the rods which provide support to the seat. Mr. Belle requested a cushion for the seat to cover the tears and for support, but his request was denied.
326. Engaging in Retaliation or Interference. Mr. Belle has filed a number of grievances in an attempt to improve the conditions of his incarceration, and as a result has been threatened by FDOC staff. While at Gulf, Warden Blackwood and the Assistant Warden told Mr. Belle if he did not stop filing grievances they would have someone in the compound “take
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care of him.” The stress of having a disability while incarcerated caused Mr. Belle to lose 55 pounds since he entered prison a year and a half ago.
327. Mr. Belle has been forced to sign “refusal forms,” which in essence state that he has no ADA access issues pending. Signing these forms was not optional. In October or November of 2015, Mr. Belle, along with approximately 90 other wheelchair users were called for an ADA review meeting. After waiting an hour in line, the majority of the impaired inmates just signed the refusal form because FDOC could not manage the crowd, and it is well known that these meetings do not rectify access issues.
Troy Cheeks 328. Troy Cheeks is incarcerated in the FDOC system and was at all relevant times. He is paraplegic, which substantially limits one or more major life activity, including but not limited to walking and caring for himself. Mr. Cheeks uses a wheelchair for mobility. 329. Failure to Maintain Wheelchair Accessible Facilities. Mr. Cheeks has faced barriers throughout his incarceration due to his wheelchair use and FDOC’s failure to comply with the ADA. Mr. Cheeks was placed in confinement at Dade Correctional Institution on October 14, 2011 and the showers there were not ADA complaint. Accordingly, he was permitted to shower in the medical department. However, his first shower did not take place until the Friday after Thanksgiving, over a month later. He was permitted to shower in the medical department several more times but was then met with resistance. On December 19, 2011, Mr. Cheeks was taken to the medical department to receive treatment and a shower but the medical officer refused to assist him stating that she worked in medical and did not want Mr. Cheeks taking showers there. It was not until Mr. Cheeks filed a grievance on January 2, 2012, that the issue was resolved.
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330. Mr. Cheeks faced barriers at other FDOC institutions as well. In 2014, he reported that his unit at Mayo Correctional Institution was only equipped with one handicapped accessible bathroom with grab bars. Mr. Cheeks has to wait when other prisoners are using the shower and has been harassed by the other prisoners when he tells them he needs to use it. On several occasions, other prisoners have smeared feces on the toilet in retaliation.
331. Another concern with the accessible bathrooms at Mayo Correctional Institution is that there is no privacy wall, forcing the inmates to be exposed to other inmates and guards when they shower. This makes Mr. Cheeks extremely uncomfortable. The institution informed Mr. Cheeks that they would remedy the problem, but as of September 2015, it had not been fixed.
332. There are other areas of Mayo Correctional Institution that are not accessible to Mr. Cheeks and other inmates who use wheelchairs. The dining hall, for example, does not have enough spaces for wheelchairs and there is not a place that Mr. Cheeks can exercise. There is no exercise equipment he is able to use and the track is made of dirt, making it impossible to traverse in a wheelchair. In addition, there is no accessible scale in the medical department. Since Mr. Cheeks is unable to stand on the regular scale, he has not been weighed in over a year.
333. Failure to Provide and Maintain Wheelchairs and Assistants. Mr. Cheeks informed the responsible FDOC staff in January 2012 that his wheelchair would soon need new wheels. The staff person informed Mr. Cheeks that she had never ordered such equipment. Mr. Cheeks asked her to speak with another staff member familiar with such equipment. The staff person did so and told Mr. Cheeks in February 2012 that the wheels would be ordered. In May 2012, Mr. Cheeks still did not have his new wheels. He filed a grievance and on May 31, 2012, FDOC approved the grievance and finally placed the order.
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334. Mr. Cheeks’s wheelchair is customized for him and was his own chair prior to incarceration. He is not able to use the standard institution issued wheelchairs as he is fully paraplegic and fears he will fall out. In 2014, Mr. Cheeks began asking for a new wheelchair as his is about 10 years old. Both brakes on Mr. Cheeks chair are broken, creating danger for Mr. Cheeks particularly when he transfers to and from his wheelchair. His requests for a replacement wheelchair suitable for his condition have been denied and to date, Mr. Cheeks does not have a new one.
Thomas Pekari 335. Thomas Pekari was incarcerated in the FDOC system at all relevant times. He suffers from multiple injuries, including spinal fractures, which cause him severe pain and prevent him walking anything longer than very short distances. The injuries substantially limit one or more of his major life activities, including but not limited to walking. He requires the use of a wheelchair for moving more than very short distances. He is also a military veteran. 336. Failure to Provide and Maintain Wheelchairs and Assistants. In June 2011, he submitted an informal grievance complaining that his wheelchair had been taken away. In August, the response noted that they did not believe he needed a wheelchair or a wheelchair pusher. By December 2011, his wheelchair was falling apart. He filed a grievance asking for a replacement or permission to bring in his own. The grievance was denied, saying wheelchairs do not fall within the FDOC’s donation policy. 337. In June 2012, he filed a grievance saying that his wheelchair, which had been approved by Dr. Colombani, was taken away. He explained that although security claimed he could walk, he could only walk sometimes and needed the wheelchair. It was denied, saying there was no indication for a wheelchair at this time.
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338. In January 2014, Mr. Pekari filed a formal grievance seeking a 20 inch wheelchair to fit him, noting that the 18 inch wheelchair is causing more damage to both knees and aggravating his shoulder injuries. It was denied in February, but the denial said that a larger wheelchair had been ordered.
339. During this period, the Department of Veteran’s Affairs was willing to provide Mr. Pekari with his needed equipment at their expense, but the FDOC would still not allow it.
Brian Follmer 340. Brian Follmer is incarcerated in the FDOC system and was at all relevant times. He has neuropathy (pain, weakness, and numbness) caused by a chronic illness which substantially limits one or more life activity, including but not limited to walking. Mr. Follmer’s condition is progressive in nature. From 2007 to 2012, Mr. Follmer used a cane to assist with mobility and in 2013, FDOC provided him with a wheelchair and wheelchair assistant. 341. Failure to Provide and Maintain Wheelchairs and Assistants. Mr. Follmer was transferred to Santa Rosa Correctional Institution in 2014 and placed in Close Management, a solitary confinement unit, at which point FDOC confiscated his wheelchair. Mr. Follmer complained about the confiscation of his wheelchair at a prison ADA meeting and instead of being provided with his wheelchair, Mr. Follmer was simply removed from the ADA list at Santa Rosa from September of 2014 to April of 2015. 342. On May 4, 2015, Mr. Follmer filed a grievance regarding his wheelchair. Mr. Follmer claimed that his mobility has gotten worse since he has been made to use a walker rather than a wheelchair. FDOC denied his grievance stating, “a review of your records suggests that a wheelchair is not needed at this time. While you are a CM (Close Management) inmate, the walker you currently have is deemed to be adequate and appropriate for your use at this time.”
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Mr. Follmer made several additional attempts to get his wheelchair returned, all of which were denied.
343. Without his wheelchair, Mr. Follmer has had difficulty gaining access to services and activities. For example, on February 23, 2015, Mr. Follmer filed an informal grievance regarding an incident in the medical office. Mr. Follmer was advised to stand on a scale. He told the nurse that he would not be able to get an accurate weight since he was unable to stand without the walker and would need to put his weight on the walker for support. Rather than accommodating Mr. Follmer, the nurse simply documented that Mr. Follmer refused to be weighed. His grievance was denied stating, “Treatment was adequate and if want to be reevaluated sick call is available.” Mr. Follmer appealed and his grievance was again denied. A similar incident took place in May 2015 wherein Mr. Follmer was again not able to stand on the scale and a proper weight was not able to be obtained. Due to the nature of Mr. Follmer’s illness, maintaining a proper weight is an integral part of his treatment thereby making it essential to obtain.
344. Mr. Follmer rarely leaves his housing unit because it is so difficult for him to ambulate. This further exacerbates the consequences of the extreme isolation he has been put in. In fact, Mr. Follmer reported that he has asked to be taken out of certain mental health groups because it is too difficult for him to get there.
James Lunt 345. James Lunt is incarcerated in the FDOC system and was at all relevant times. Mr. Lunt has Crohn’s disease,13 as well as lumbar and cervical degenerative disease as a result of a
13 Crohn's disease is an inflammatory bowel disease which causes inflammation of the lining of the digestive tract that can lead to abdominal pain, severe diarrhea, fatigue, weight loss, and malnutrition. Inflammation caused by Crohn's disease can involve different areas of the digestive tract in different people. See http://www.mayoclinic.org/diseases-conditions/crohns-disease/basics/definition/con-20032061 (last visited January 19, 2016).
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car accident prior to incarceration. He can ambulate to some degree, but can only walk very short distances, and for that reason spends most of the day using a wheelchair. His conditions substantially limit several major life activities, including but not limited to caring for oneself, performing manual tasks, eating, walking, standing, lifting, and bending. Mr. Lunt has been designated as a mobility impaired inmate by the FDOC. His disabilities are well documented in his medical and administrative records by FDOC. FDOC has had full knowledge that Mr. Lunt is disabled and requires accommodations. Moreover, every day Mr. Lunt sits in a wheelchair.
346. Failure to Maintain Wheelchair Accessible Facilities. When Mr. Lunt first arrived in Suwannee C.I., he was placed in a dorm which did not provide equitable access for inmates with disabilities. For example, at Suwannee C.I. there is an insufficient number of handicapped accessible toilets. The one handicapped stall in the bathroom is often taken over by other prisoners without disabilities. As a result, the stall is constantly. FDOC does not ensure that it is readily available for use by wheelchair users.
347. The shower bench at Suwanee C.I. does not have a slip resistant pad; this causes the people using it to fall off the bench. Moreover, the benches are too far away from the shower head, so that Mr. Lunt cannot use it. He requested the shower head be extended, but that modification occurred in another dorm, and Mr. Lunt must use a cup to rinse off his body while showering.
348. At Suwanee C.I., Mr. Lunt is not afforded any privacy when using the handicapped shower stall. The stalls are in plain view of other inmates and the guards, and there is no privacy screen. Mr. Lunt tries to move the trash barrel in front of the shower stall to block the view of others, but sometimes the guards tell him to move the barrel. The abled bodied inmates can shower behind a half wall which blocks the view of the lower half of their bodies.
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Mr. Lunt grieved the lack of shower privacy in January 2015 and was told by FDOC that the showers are ADA compliant, and they have no obligation to provide him a privacy screen.
349. The dining halls at Suwanee C.I. have insufficient seating for wheelchair users. Inmates with disabilities must wait, often outside without cover, until a seat is available for their wheelchair. Inmates with disabilities wait longer to eat than the abled bodied inmates. In October 2013, Mr. Lunt sat at a non-wheelchair accessible table so that he could avoid the long wait the disabled inmates endure. He was berated by two officers for sitting where he did not belong. Mr. Lunt grieved the treatment, but it was denied.
350. Mr. Lunt also grieved the insufficient number of wheelchair accessible tables in the dining hall in November 2013. Although not all the wheelchair-using prisoners are sent to the dining hall at once, there are still approximately 70 inmates in wheelchairs, who must wait in line for the approximately 14 wheelchair accessible seats. This results in a huge back up, which is exacerbated by inmates who have slow eating passes that require even more time to eat. Mr. Lunt must wheel himself to the dining hall, and because he moves slower than other inmates, there are already 15-20 wheelchair users in line once he arrives. As a result, there have been times where he has been unable to finish his meal before the end of dining time because of the long time waiting for an accessible seat to become available.
351. Due to Mr. Lunt’s Crohn’s disease, he has been granted an Early Chow and Slow Eat pass, he also has an order for a low residue/low soy diet. Although these passes were awarded approximately 15 years ago, Suwanee will no longer honor the passes. The FDOC tells Mr. Lunt “We are not making one special meal for you” and “If medical ordered something for you, then medical should pay for it too.”
352. At Suwanee C.I., Mr. Lunt is excluded from recreational activities on the yard.
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The facilities offer only a cement sidewalk to a pavilion, where the handicapped seats are limited. The walking track is made of dirt which prohibits inmates in wheelchairs from using it, or risk destroying their wheelchairs and tires. The abled bodied inmates are allowed to enjoy a number of activities while the inmates in wheelchairs are limited to travel to and from the pavilion.
353. Due to Mr. Lunt’s Crohn’s disease he must frequently use the restroom, and sometimes the need to use the restroom comes on quickly. The FDOC gave Mr. Lunt a pass for a single man/handicapped cell. However, at Martin C.I., Everglades C.I. and Suwanee C.I., his requests to be housed in a handicapped accessible cell were denied, or he was told he must wait until a handicapped cell is available for him. He was at Suwanee C.I. for two years before he was given an accessible cell.
354. While housed in the open dorm areas there was insufficient space for the 15 inmates using wheelchairs, and the hallways did not afford enough room for him to turn in his wheelchair. These issues not only caused access issues but also safety concerns. Moreover, the TV rooms at Suwannee are not large enough to accommodate the able bodied inmates and the 15 inmates using wheel chairs. The inmates in wheelchairs are forced to sit in the back of the TV room, making it difficult or impossible to view or hear the small television.
355. Failure to Provide and Maintain Wheelchairs and Assistants. Mr. Lunt requested an aid to help push his wheelchair so that he can navigate through prison in a timely way, and remain safe. Although the FDOC granted his request, the aids are not properly trained or vetted. Mr. Lunt was assigned aids who tried to extort him. To remove a particular aid, Mr. Lunt must relinquish his aid request, which results in unreasonable delays.
356. Engaging in Retaliation or Interference. Mr. Lunt has filed a number of
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grievances in an attempt to improve the conditions of his incarceration, and as a result has been threatened by FDOC staff. On February 4, 2015, Captain Brennend threatened Mr. Lunt by telling him “I don’t want to hear any more grievances, if I do you know what to expect.” In February 2015, Mr. Lunt’s grievance documentation, attorney mail, medical records and other documents were confiscated as contraband. Mr. Lunt immediately filed a request seeking the return of his documentation. Even though FDOC rules require confiscated materials to be kept for at least 30 days, he was eventually told that his documents were destroyed.
357. Engaging in Retaliation and Interference. Upon information and belief, after Plaintiff began investigating the violations within the FDOC, the FDOC started conducting ADA review meetings. Mr. Lunt has attended some of them; however, the meetings do not result in a resolution of ADA issues. Moreover, inmates are required to sign “refusal” forms, ostensibly affirming that they have no ADA issues. Signing the form is not optional, whether inmates have ADA issues or not.
Nick Molfetto 358. Nick Molfetto is incarcerated in the FDOC system and was at all relevant times. He has degenerative disc disease, diabetes, and his right and left legs are different lengths. Although Mr. Molfetto can stand and walk to some degree, he requires braces and a wheelchair to move through the prison safely. Due to his size, Mr. Molfetto uses a large wheelchair which is 20 inches wide, which creates more problems for him in the FDOC facilities. His conditions substantially limit several major life activities, including but not limited to walking, standing, lifting, and bending. Mr. Molfetto has been designated as a mobility impaired inmate by the FDOC. His disabilities are well documented in his medical and administrative records by FDOC, therefore FDOC has had full knowledge that Mr. Molfetto has a disability. Moreover, every day
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he sits in a wheelchair. 359. Failure to Maintain Wheelchair Accessible Facilities. Mr. Molfetto is currently
housed at Columbia C.I., and has been at that facility for approximately two years. He is currently housed in the P-1 Dorm. At Columbia C.I. there are 15 disabled inmates who must share one handicapped accessible urinal, and one handicapped toilet stall. The handicapped accessible urinal was broken for approximately two years, and was just repaired in December 2015. There is not sufficient toileting accommodations for the inmates with disabilities who require longer time for toileting, which forces others to wait a long time to use the toilet.
360. The showering facilities at Columbia C.I. are not accessible to Mr. Molfetto because there are not sufficient grab bars. The handicapped shower stall is filthy, and there is mold on the shower walls. He will not use the handicapped accessible shower stall for this reason and instead showers in the non-accessible shower stall and holds himself up by using the wall.
361. At Columbia C.I., if you want to use a shower wand, you must go to the officer’s booth and sign it out. Carrying a wand while moving in a wheel chair is not easy, and cannot be performed by some disabled inmates. Columbia C.I. also allows disabled inmates to sign out a plastic privacy screen which can be used to block the view of the shower stall. However, this screen must also be signed out and many inmates in wheelchairs cannot drag the screen into the bathroom because it is approximately 4 feet long and 5 feet high.
362. Except during breakfast, the dining halls at Columbia C.I. have insufficient seating for wheelchair users. Inmates with disabilities must wait, often outside without cover, until a seat is available for their wheelchair. Inmates with disabilities wait longer to eat than the abled bodied inmates. In approximately July 2015, Mr. Molfetto filed a grievance about being
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forced to wait outside, but has not yet received a response. Some of the handicapped accessible tables in the dining hall are located in an area that causes Mr. Molfetto to block the beverage machine if he eats there. If this occurs the guards will yell at Mr. Molfetto to move while he is eating. The guards also yell at the disabled inmates to “hurry up,” “get out,” and tells them they are “sitting too long.” They yell because they need the handicapped accessible seats to be freed up for use by other prisoners using wheelchairs.
363. There is insufficient aisle width in P-1 Dorm in between the beds for Mr. Molfetto to turn his wheelchair. This barrier impacts Mr. Molfetto’s ability to move throughout the dorm, and affects his ability to leave the area in case of an emergency.
364. At Columbia C.I. Mr. Molfetto is excluded from activities on the yard. The facility offers only a cement sidewalk to a pavilion, where the handicapped seats are limited. The able-bodied inmates are allowed to enjoy basketball and flag football, while the inmates in wheelchairs are limited to travel to and from the pavilion. Mr. Molfetto can walk around the track holding a cane or his wheelchair, but cannot access any other activity.
365. The FDOC refuses or delays transfers of inmates to facilities closer to their families because they have disabilities. In 2013, Mr. Molfetto was transferred from a facility close to Tampa (where his family lives) to Columbia C.I. Upon information and belief, he was transferred because he uses a wheelchair. Mr. Molfetto requested a transfer from Columbia C.I. to a facility closer to Tampa, but at least 15 months have passed and he still has received no transfer. He was told the delay was because he uses a wheelchair.
366. In 2012, Mr. Molfetto was fitted for $10,000 customized bilateral metal braces for his legs. The braces support his knees and helped him walk longer, and more safely. When he was transferred from RMC to Florida State Prison in 2013, the FDOC took away these
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customized braces and destroyed them, claiming they could be used as weapons. Mr. Molfetto grieved the removal and destruction of the braces and was told because they were made of metal he could not keep the braces.
Richard Jackson 367. Richard Jackson is incarcerated in the FDOC system and was at all relevant times. He has paraparesis, a condition that causes paralysis of the lower limbs. The condition substantially limits one or more major life activity, including but not limited to walking, caring for himself, standing, performing manual tasks, working, and using the bathroom. He requires a wheelchair for mobility. 368. Failure to Provide and Maintain Wheelchairs and Assistants. Mr. Jackson has used a wheelchair for mobility since he entered the FDOC system in 1993. When Mr. Jackson was moved to Santa Rosa Correctional Institution in October 2012, he was put in close management (CM), a form of solitary confinement. FDOC permits medical personnel to disallow accommodations such as wheelchairs that have already been deemed necessary by other staff. 369. This policy was applied to Mr. Jackson. Although prison officials had deemed a wheelchair necessary and permitted Mr. Jackson to have and use one at other facilities and at Santa Rosa C.I. outside his cell, FDOC’s policy permitted Santa Rosa C.I. officials to take away Mr. Jackson’s wheelchair while inside his CM cell. 370. From October 2012 through December 2013, Mr. Jackson was not permitted to have his wheelchair in his CM cell. He was forced to drag himself across the dirty and abrasive cell floor, where it was very difficult to transfer to the bed, toilet, and wash basin. Because he was on CM, he was confined alone to his cell for 24 hours per day, 7 days per week, except that
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he was permitted to leave his cell for one hour, three times per week. 371. In April 2013, Mr. Jackson filed a pro se lawsuit complaining of these degrading
conditions. 372. In December 2013, Mr. Jackson was transferred to Northwest Florida Reception
Center. He was promptly physically assaulted by a guard who had been instructed to do so by a defendants named in Mr. Jackson’s pro se lawsuit. This was done as retaliation for asserting his rights under the ADA, Rehabilitation Act, and Eighth Amendment.
373. Mr. Jackson’s pro se lawsuit was dismissed, and then re-filed with counsel in October 2014. The case was eventually settled in April 2015 for substantial damages and attorneys’ fees.
Christopher Villanueva 374. The FDOC does not permit some prisoners to have medically necessary prosthetic devices. Christopher Villanueva is incarcerated in the FDOC system and was at all relevant times. As a result of an ATV accident and resulting infection, Mr. Villanueva’s left leg was amputated below the knee. That condition substantially limits one or more major life activity, including but not limited to walking. Since 1993, he used a titanium and carbon fiber prosthesis for mobility. 375. Mr. Villanueva was first incarcerated in the FDOC from 2000 to 2005. During that time, he had his prosthesis and was permitted to use it without any security incidents whatsoever. The prosthesis enabled Mr. Villanueva to access FDOC programs, services, and activities in substantially the same way as the other prisoners without disabilities. Further, using the prosthesis enabled him to use the muscles in his left leg, which prevented atrophy and ensured that the prosthesis would continue to fit properly.
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376. Mr. Villanueva returned to the custody of the FDOC in March of 2012. During his intake process at RMC, his prosthesis was taken away from him without consultation with medical staff. Mr. Villanueva immediately began to file grievances requesting the return of his prosthesis, but they were all denied.
377. Mr. Villanueva was forced to live without his prosthesis for nearly two years. It was only returned to him after Mr. Villanueva’s attorney began investigating. However, as a result of not having the prosthesis, his leg and entire left side of his body atrophied, and he lost substantial range of motion in his knee. He also could not immediately use the prosthesis because it caused blistering on his leg from lack of use, and needed physical therapy to be able to use it in the same way that he did before.
378. Mr. Villanueva filed a lawsuit against the FDOC over this mistreatment. The case settled for substantial damages and attorneys’ fees.
Richard Tasker 379. Richard Tasker is incarcerated in the FDOC system and was at all relevant times. He was in a motorcycle accident in 1973 that crushed his vertebrae, resulting in chronic cervical, thoracic, and lumbar pain which impedes his mobility. Mr. Tasker’s left leg was amputated in 2000 while in FDOC custody. He uses a leg prosthesis and a wheelchair for limited mobility, and requires special shoes. His mobility issues substantially limit several major life activities, including but not limited walking and caring for himself. Mr. Tasker has been designated as a mobility impaired inmate by the FDOC. 380. Failure to Provide and Maintain Wheelchairs and Assistants. For approximately eight years, Mr. Tasker used a 22 inch manual wheelchair which he purchased for himself. The wheelchair had a support cushion which was prescribed by an FDOC physician, and Mr. Tasker
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had used this chair to travel through prisons compounds. It was an 8 year old chair and was worn but worked well for Mr. Tasker.
381. In February 2014, his wheelchair was confiscated at Santa Rosa C.I. because it had a tear in the cushion and a split on the back of the seat. FDOC staff ripped the cushion and the back of the wheelchair searching for contraband. No contraband was found. After confiscating and destroying the wheelchair, the FDOC provided Mr. Tasker with a semioperable, 18 inch wheelchair without a cushion. The wheelchair was too small for him, and the absence of the cushion further aggravated his documented back and leg pain. He grieved the confiscation and destruction of his wheelchair, and his grievance was denied.
382. One year later, in approximately February 2015, Mr. Tasker again grieved the confiscation of his wheelchair and asked for the chair back. The wheelchair was eventually given back to him, but most of the parts that were on the wheelchair before it was confiscated had been removed and replaced with inferior parts from other wheelchairs. Mr. Tasker is now using an FDOC issued wheel chair that is too big, has no cushion, and does not allow him to move himself easily with his one leg.
383. Mr. Tasker’s records show a history of him grieving, requesting, and appealing the failure to provide auxiliary aids to assist with his mobility impairments. Mr. Tasker has one leg, and uses a wheelchair for mobility. To move his wheelchair he relies on his one leg for momentum, causing him to move slowly, and limiting the distance he can travel without resting. The prison compounds are large, and inmates are required to arrive at certain buildings at designated times or face reprimand. Mr. Tasker has endured a great deal of emotional stress trying to adhere to time schedules because he is physically unable to arrive at certain locations as required. Mr. Tasker’s records reflect he has requested both a wheelchair pusher and or an aid
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approximately 4 times since March 2014. When an aid is provided, they are not properly vetted for the assignment; other times they are denied.
384. In 2012, Mr. Tasker filed at least two grievances concerning his pusher, who wasn’t doing his job for years and threatened to assault him.
385. On November 8, 2014, he grieved the absence of a wheelchair pusher and explained the difficulty he had pushing himself, especially when handcuffed. FDOC responded by falsely telling Mr. Tasker that he had been pushed by staff. Mr. Tasker was not pushed by staff. When Mr. Tasker does receive a wheelchair pusher, the help is inconsistent. And if he is transferred, FDOC fails to ensure that he has a pusher at his new institution, requiring Mr. Tasker to grieve the absence of a wheelchair pusher all over again.
386. Failure to Maintain Wheelchair Accessible Facilities. Mr. Tasker also has experienced a number of structural barriers that have impeded his access at several prisons. These barriers are exacerbated by his ongoing issues with maintaining his leg prosthesis. He currently has his prosthesis, which he was told cost thousands of dollars to make, but the FDOC has failed to provide him with the $100 shoes needed to use it. As a result, he is unable to use the prosthesis. His prosthesis allows him to stand erect and walk for up to one hour, and when properly medicated he can stand for almost half the day.
387. Mr. Tasker has also been housed in dorms and cells that are not wheelchair accessible.
388. In October 2013, Mr. Tasker filed grievances at Mayo C.I. because the cells in the newer buildings were not wide enough to accommodate his wheelchair. FDOC then moved him to another dorm which was worse. The second dorm did not have the required wheelchair clearance to allow him to safely get in and out of the area.
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389. Mr. Tasker has also experienced ongoing access barriers in the bathrooms at several correctional facilities including RMC, Mayo, and Franklin. Mr. Tasker has one leg, and to safely and efficiently use the shower he must be able to get himself out of his wheelchair and then temporarily stand on his one leg, or sit on a shower bench. Often the shower benches are broken or placed too far away from the water source so that if he sits on the bench he cannot position under the shower head.
390. At Franklin, RMC, CFRC, and Tomoka C.I., the shower wand hose is too short to be used. At Mayo C.I. there was no shower wand. Without appropriate benches or wands, Mr. Tasker is forced to stand on his one leg while showering, which is not safe. At Franklin and Tomoka C.I., instead of having grab bars, the shower stall is equipped with a grab rail which fills with water, making it unsanitary and unsafe.
391. At Franklin, Tomoka, and Mayo, Mr. Tasker was not afforded any privacy when using the handicapped shower stall. The stalls are in plain view of other inmates and the guards, and there is no privacy screen. While showering, Mr. Tasker tries to position his wheelchair to block the view of others, but sometimes the guards tell him to move the wheelchair. The prisoners without mobility impairments are afforded the ability to shower behind a half wall which blocks the view of the lower half of their bodies.
392. In Mr. Tasker’s dorm at RMC, there are no handicapped shower stalls. This has forced Mr. Tasker to wheel himself into the main shower area to a location which he can fit his wheelchair. But the main shower area is not equipped with the proper grab bars or accommodations.
393. At Franklin and Tomoka C.I., Mr. Tasker is excluded from activities on the yard. The facilities offer only a cement sidewalk to a pavilion, where the handicapped seats are
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limited. The walking track is made from dirt and cannot be used with a wheelchair. The abled bodied inmates are allowed to enjoy football, hand weights and other activities, while the inmates in wheelchairs are limited to travel to and from the pavilion. Mr. Tasker requested a chess set be provided for the pavilion, but that request was denied
394. The dining halls at Tomoka, Franklin, Mayo and Santa Rosa have insufficient seating for wheelchair users. Inmates with disabilities must wait, often outside without cover, until a seat is available for their wheelchair. Some of the wheelchair accessible tables are located in areas which block access for abled bodied inmates to beverage areas or trash receptacles. Officers yell at the inmates using wheelchairs to move out of the way while they are eating. Due to the fact that Mr. Tasker can’t hear the commands, he is sometimes approached by the officers and berated for ignoring their commands.
Prisoners Who Are Blind or Have Low Vision Earvin Ealy 395. Earvin Ealy is incarcerated in the FDOC system and was at all relevant times. He is legally blind which substantially limits several major life activities, including but not limited to seeing. Mr. Ealy became blind later in life, when he was 36 years old, and has not been trained to read Braille. Mr. Ealy has been designated as an impaired inmate by the FDOC, and his vision loss is well documented in his medical and administrative records by FDOC. Therefore, FDOC has had full knowledge that Mr. Ealy is blind and requires accommodations. Moreover he wears a badge every day in the prison which says he is BLIND. 396. Failure to Provide Auxiliary Aids and Services. Mr. Early has been repeatedly denied auxiliary aids and services that have precluded him from accessing numerous FDOC programs, services, and activities. For example, FDOC law libraries have printed books and
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offer electronic computer research. Mr. Ealy cannot read printed text, and the law libraries at his institutions are not equipped with speech-to-text software or other accommodations that allow computer text to be read out loud. Therefore, Mr. Ealy cannot independently access the law library as other inmates can.
397. Mr. Ealy wanted to use the law library to assist in understanding his rights as a blind prisoner, and assist in the prosecution of his civil cases. Because he was not able to access the law library independently, Mr. Ealy could not meaningfully assist with his cases or independently represent himself in civil cases filed to protect his federal rights. Due to these barriers, Mr. Ealy had to pay aids to draft and read printed material for him, and some of the aids did not possess the required literacy to effectively assist him.
398. In 2012, Mr. Ealy requested a text-to-speech wand which can be used to scan a printed word and read it out loud to him. That request was denied, and no alternate accommodation was provided. Unable to access printed text in the library and in his personal letters, Mr. Ealy requested an aid14 who could sit with him, read legal research off the computer, and read and write for him. At times, Readers were provided, but often they were ineffective. At Gulf C.I. and Columbia C.I., his requests for a Reader were either denied, or they were only provided after he grieved their absence. When the Readers were provided, they were often unwilling or unable to fulfill the role of an accommodation for Mr. Ealy. Sometimes they would begin their task, but then leave early, leaving Mr. Ealy stranded in the library. In 2014, for example, a Reader was assigned to Mr. Ealy who did not fully speak English, and did not possess the reading competency required to relay the content of the legal information on the computer.
14 Mr. Ealy used the term aid in his Reasonable Modification or Accommodation Requests and grievances because he was seeking an accommodation that could both assist in accessing printed material (reading and writing it), and assist him in other ways. Mr. Ealy was essentially seeking a Qualified Reader. See 28 C.F.R. § 35.104. Inherent in the role of a Reader is the concurrent service of a Scrivener, who takes notes and writes for others.
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399. Oftentimes the assigned Readers demand some form of payment from Mr. Ealy, such as money, items from the commissary, food from his tray, or other favors. Sometimes, the other prisoners take the payment without providing the assistance. Moreover, when Mr. Ealy is in confinement, his ability to access printed materials becomes even more tenuous, because aids are not allowed to stay with Mr. Ealy while confined.
400. Mr. Ealy filed several grievances about his lack of access to printed material and computer based information, however the FDOC has failed to accommodate him.
401. The FDOC has also failed to ensure that prisoners with visual disabilities can access the grievance system. Although there is a written policy allowing verbal requests, they are not accepted in practice. Mr. Ealy has asked to submit requests and complaints verbally and was told verbal requests are prohibited. Similarly, to request disability-related accommodations, Mr. Ealy has been told he must submit a written Reasonable Modification or Accommodation Request form because verbal requests are prohibited. Mr. Ealy thus has no way to access the grievance system privately and independently, as other sighted inmates can.
402. Thus, to use the grievance system, Mr. Ealy has been forced to rely on other prisoners. This assistance has not always been free; other prisoners have demanded payment in the form of money, food, canteen items, or other favors. The other inmates do not always fill out the forms correctly, and are not always available. This caused great stress to Mr. Ealy and caused him to miss grievance deadlines since 2007.
403. Moreover, the FDOC requires prisoners to sign various forms during their incarceration, such as medical consent and authorization documents. These forms are only available in printed text, which prevents Mr. Ealy from having independent access to his medical information and the ability to understand medical consents prior to execution. Prisoners like Mr.
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Ealy are required most of the time to sign forms immediately in a staff member’s presence, which affords Mr. Ealy no time to have someone explain the content of the form to him. Thus, throughout his incarceration, Mr. Ealy has refused to sign medical forms and consent forms because he is unable to understand their content.
404. Moreover, other sighted prisoners can access recreational books and newspapers. This material is provided to the inmates only through printed text. Prisoners with visual disabilities like Mr. Ealy cannot access these materials.
405. From 2007 to 2013, Mr. Ealy had a digital audio player used to listen to audio books. During that period, he was allowed to write to the Bureau of Blind Services who provided catalogs of audio materials that Mr. Ealy used to select permissible books to hear. During this period, he was also allowed to receive audio books from his family. In January 2014, however, while at Gulf C.I., his audio player was taken from him, because the FDOC alleged that his family had somehow violated a rule for selecting audio books. The confiscation of the audio player was a surprise to Mr. Ealy because his family had been using the same process to order audio books for some time, and was not advised the process was prohibited. The audio player has not been returned, and his family has been prohibited from sending more audio books. Mr. Ealy filed a grievance about it in February 2014, but it was denied.
406. The FDOC has also failed to ensure that prison facilities are structurally accessible to Mr. Ealy. Throughout his incarceration, Mr. Ealy has requested to be housed in a two-person cell that accommodates his vison loss. At Columbia C.I., where he is currently housed, and at Gulf C.I., where he was before, those requests were denied. Mr. Ealy has instead been housed in an open bay dorm,15 at times with an inmate aid. However, his aid’s bunk is far
15 An open bay dorm is one in which the prisoners do not sleep in cells. Rather, they sleep in multiple bunk beds that are set up in the middle of the dorm, and are generally free to move about the dorm, with some restrictions.
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from Mr. Ealy’s, and thus it is difficult for Mr. Ealy to get assistance when needed. For example, Mr. Ealy is unable to use the restroom at night, because it would be unsafe for him to call out for his aid.
407. In a two person cell, Mr. Ealy can independently and safely get in and out of his bed, use the restroom, and access his locker. All of Mr. Ealy’s grievances and requests asking to be put in a two person cell in 2014 and 2015 were denied.
408. Due to the size of the prison compounds where Mr. Ealy has been incarcerated, he has also requested an aid to help him navigate through the buildings in a timely way. At times Mr. Ealy was provided an aid, but the aids would refuse to assist him or fail to appear when needed. At other times he was denied an aid completely.
409. Due to FDOC’s failure to provide Mr. Ealy with an effective aid, Mr. Ealy has missed meal calls in 2014 and 2015 because he was unable to independently get to the dining hall on time.
410. In March 2014, Mr. Ealy was left behind during a fire drill because his aid failed to retrieve him.
411. The FDOC has failed to give primary consideration to Mr. Ealy’s requests. 412. Exclusion from Jobs and Programs. Mr. Ealy is eligible for both a faith based dorm placement and work release, but has been denied such opportunities because of his blindness. In 2015, he was denied after being told there were not enough “ADA rooms” for him. 413. Engaging in Retaliation or Interference. Mr. Ealy is known as a “writ writer.” This is a pejorative term the FDOC uses to describe prisoners who attempt to improve the conditions of their incarceration with the established grievance system and filing lawsuits. At Gulf C.I., Okeechobee C.I., and Dade C.I., he has been given false DRs and unjustly put in
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confinement because he frequently complains about the lack of disability accommodations. At Gulf C.I., Mr. Ealy was threatened by the assistant warden not to go over his head with grievances or there would be trouble. FDOC staff have told him similar things at other institutions.
Charles Grossman 414. Charles Grossman is incarcerated in the FDOC system and was at all relevant times. He is blind, which substantially limits one or more major life activity, including but not limited to seeing. Mr. Grossman has a rare condition which caused retinal detachment in both eyes and he has undergone numerous complex surgeries. He is completely blind in the right eye and can only see shadows with the left. 415. Failure to Provide Auxiliary Aids and Services. Mr. Grossman utilizes various assistive devices to accommodate his disability. FDOC has provided some, but not all, of these accommodations. However, FDOC has failed to ensure that they are provided consistently. On June 19, 2013, Mr. Grossman submitted a request to Nurse Lytle at Gulf Correctional Institution Annex stating, “As an impaired inmate I am instructed to talk to you monthly regarding my conditions that prohibit me from functioning as an inmate without any physical challenges. This has not been done since I returned from Lake Butler in January. I have been down in the Gulf 19 months and the only thing I have received is a tap stick and key lock.”16 Even these devices were taken from Grossman at Reception Medical Center and only the white cane was replaced. FDOC responded on June 26, 2013, and stated that Mr. Grossman’s concerns were addressed and that he would be seen again in 30 days.
16 A tap stick or white cane is a long rod-like device used by blind or visually impaired travelers to give them information about the environment they are traveling through. Using a cane can warn them of obstacles in their path, tell them of stairs they are coming to, warn them that they are coming up to a curb, and tell them of many other things in the environment that they must deal with. The cane also alerts others around them that they are blind. See, e.g., National Federation for the Blind, https://nfb.org/free-cane-program (last visited January 7, 2016).
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416. Mr. Grossman’s concerns were not in fact addressed. On July 10, 2013, Mr. Grossman appealed and claimed that FDOC has failed to provide the “necessary equipment which would allow me to function as a normal inmate.” Mr. Grossman alleged that he has not yet received any responses to his requests for the following: a key lock pass, books on tape, a watch for the blind, and a controlled environment with a voice recorder so he may dictate his letters. This grievance was returned.
417. FDOC occasionally uses inmate assistants to assist other inmates with disabilities, yet fails to ensure that they and FDOC staff are carrying out their duties effectively and safely. For example, on October 19, 2012, Mr. Grossman had to be seen in the FDOC Emergency Room because he walked into a shelf and hit his head while being guided by another inmate.
418. On July 15, 2013, Mr. Grossman filed a grievance against two officers at Gulf Correctional Institution who put him in harm’s way. Classification Officer Young kept saying that Mr. Grossman could see, and Officer Cutchen made Mr. Grossman walk on a yellow line with his assistant behind him. The assistant cannot guide him from behind. This grievance was returned since Mr. Grossman did not provide a copy of the formal grievance.
419. In August 2013, Mr. Grossman was transferred temporarily to Reception and Medical Center for care. Officer Moore on the West Unit would not allow Mr. Grossman’s volunteer assistant to help him with his tray. FDOC informed Mr. Grossman that the West unit “does not have orderlies that are trained to assist with special needs inmates.”
420. Mr. Grossman has continued to have trouble securing an impaired inmate assistant at his current institution, Franklin Correctional Institution. He arrived at Franklin in November 2014. Since then, Mr. Grossman has had more than five different assistants. The assistants were either released, transferred to a different prison, sent to solitary confinement or
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refused to actually assist Mr. Grossman. Between each assistant, Mr. Grossman was forced to get around the grounds on his own or rely on the kindness of other inmates to help him, many of whom refused to assist him. Earlier in 2015 at Franklin Correctional Institution, Mr. Grossman put his hand on another inmate’s shoulder and asked to be guided to the dining hall. The other inmate yelled at Mr. Grossman stating, “Get your hands off me.”
421. To date, Mr. Grossman is still not receiving the other accommodations that he needs. In fact, his tap stick had broken – one third of the cane had broken off of the bottom, rendering it almost useless to Mr. Grossman and posing a safety risk. It was not until Mr. Grossman enlisted outside intervention was his tap stick was replaced in November 2015.
422. The law library is not accessible to Mr. Grossman. On June 5, 2015, Mr. Grossman filed a grievance (written by another inmate) asking that Franklin Correctional Institution “accommodate the library with a recording device/cassette in order for me [Grossman] to have equal effective communication with my lawyer.” His grievance was returned on June 18, 2015 and Mr. Grossman was instructed to file a Reasonable Modification or Accommodation Request and that, “[y]ou will be put on the call out for classification to assist you is completing this form.” Several months passed, and Mr. Grossman had not been called out, had not been given the form and reported that he did not even know who his classification officer is. Finally, in November 2015, Mr. Grossman’s classification officer assisted him with the form and Mr. Grossman is awaiting FDOC’s response. The law library is still not accessible to Mr. Grossman.
423. The FDOC failed to give primary consideration to Mr. Grossman’s requests. Kenneth Lamkin 424. Kenneth Lamkin is incarcerated in the FDOC system and was at all relevant
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times. He has the progressive disease macular degeneration, which substantially limits one or more major life activity, including but not limited to seeing.
425. Failure to Provide Auxiliary Aids and Services. At the end of January 2012, Mr. Lamkin was struck in the face and injured by another prisoner. He was then transferred to Mayo Correctional Institution for his protection in February 2012. At Mayo, Mr. Lamkin requested an impaired inmate assistant to help him with his daily activities. He submitted a request to that effect on July 12, 2012. FDOC denied his request, telling Mr. Lamkin that he does not need an assistant and that “You [Lamkin] can use orderlies in the library to assist you with reading and writing. You are able to go to bathroom & lunch on your own.” Mr. Lamkin appealed and his request was again denied.
426. On November 15, 2012, Mr. Lamkin again inquired about obtaining an impaired inmate assistant and asked for clarification on the procedure. He was told that, “Mayo doesn’t have the job code for assistants and your medical passes shows you don’t need an assistant.”
427. At Mayo Correctional Institution, Mr. Lamkin has had a difficult time securing the accommodations that had been granted at his previous institution such as a tape recorder and his cane with a red tip. Additionally, his glasses were broken during the attack.
428. On September 17, 2013, Mr. Lamkin requested that he be provided a cane that has the red tip which identifies him as a person with a visual disability. This request was denied citing security as the reason. Mr. Lamkin appealed and further elaborated on the safety concerns. The cane he was given is not for blind or visually impaired individuals and Mr. Lamkin can easily step out of line or veer off when walking. On October 29, 2013, FDOC again denied his request. Mr. Lamkin appealed to the FDOC Secretary and his grievance was returned.
429. Mr. Lamkin submitted a Reasonable Modification or Accommodation Request on
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September 17, 2014, again requesting a proper cane with a red tip that would indicate that he is blind. Mr. Lamkin was continuing to get bumped by security staff and other prisoners. On October 10, 2014, his request was again denied.
430. In February 2015, Mr. Lamkin continued to seek the accommodations he had at his previous institution, specifically a proper collapsible red tip cane and the prescription tinted glasses which were broken during a January 29, 2012 assault at Tomoka. FDOC denied his requests. Mr. Lamkin was told that there was no medical reason for such a cane. With respect to the glasses, even though they were destroyed through no fault of Mr. Lamkin’s, he was told that he can buy sunglasses at the canteen. These would not be prescription and would of course be at his own expense. Mr. Lamkin has been at Mayo nearly four years and still has not received the proper glasses and cane. Forcing him to pay for such an accommodation operates as an illegal surcharge.
431. The FDOC failed to give primary consideration to Mr. Lamkin’s requests. FDOC’s Failure to Permit DOJ to Conduct Disability Investigation
432. In addition to its widespread failure to comply with laws protecting prisoners with disabilities, the FDOC has also obstructed attempts by the U.S. Department of Justice (DOJ) to investigate FDOC’s noncompliance with disability laws.
433. In exchange for the FDOC’s acceptance of federal financial assistance, FDOC is required to comply with Section 504 of the Rehabilitation Act (RA), and to permit DOJ to inspect its records and facilities to ascertain compliance.
434. In early 2013, DOJ’s Civil Rights Division began to receive complaints of FDOC’s noncompliance with the RA and its implementing regulations. On June 26, 2013, the DOJ sent a letter to FDOC notifying it that DOJ was conducting a compliance review to
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determine whether FDOC was complying with its RA obligations at Tomoka Correctional Institution.
435. The FDOC responded in September 2013, notifying DOJ that it would not consent to any on-site inspections of its facilities, and advising that all interview requests would be handled under the FDOC’s “Special Visit” rule and would be coordinated through FDOC. The DOJ responded in November 2013, providing the DOJ’s legal authority to conduct on-site inspections, and again requesting to conduct such inspections.
436. The FDOC ignored the DOJ’s request for nearly two years, despite DOJ making several attempts to contact FDOC to schedule the visits. On June 16, 2015, DOJ sent a findings letter to FDOC, notifying FDOC that it was in noncompliance with its obligations to cooperate with the DOJ’s compliance review, and threatening litigation.
437. As of the filing of this Complaint, the FDOC has still not permitted DOJ to conduct on-site inspections of its facilities, and still has not complied with its obligations under the RA.
COUNT 1 Americans with Disabilities Act 438. This count is brought under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq. & 42 U.S.C. § 12131, et seq., and its implementing regulations. 439. Defendant is a public entity. 42 U.S.C. § 12131(1). 440. All individuals mentioned herein who are or were in FDOC custody are qualified individuals with a disability. 42 U.S.C. §§ 12131(2) & 12101(1). 441. Defendant has a pattern and practice of excluding qualified individuals with disabilities from participation in, and denying those individuals the benefits of services,
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programs, and activities, by reason of those disabilities. 42 U.S.C. § 12132. 442. Defendant has a pattern and practice of subjecting qualified individuals with
disabilities to discrimination. 42 U.S.C. § 12132. 443. Defendant has a pattern and practice of discriminating against prisoners because
they have opposed acts and practices made unlawful by the ADA, or because they have made charges, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing related to disability rights. 42 U.S.C. § 12203(a); 28 C.F.R. § 35.134(a).
444. Defendant has a pattern and practice of coercing, intimidating, threatening, and/or interfering with prisoners’ exercise or enjoyment of their ADA rights, and doing so because prisoners have exercised or enjoyed their ADA rights or aided and encouraged others to do so. 42 U.S.C. § 12203(b); 28 C.F.R. § 35.134(b).
445. Defendant fails to provide qualified individuals with disabilities with equal access and enjoyment of aids, services, and benefits. 28 C.F.R. § 35.130(b)(1).
446. Defendant denies qualified individuals with disabilities the opportunity to participate in services, programs, or activities that are not separate or different. 28 C.F.R. § 35.130(b)(2).
447. Defendant uses criteria or methods that have the effect of discriminating against persons with disabilities. 28 C.F.R. § 35.130(b)(3).
448. Defendant fails to make reasonable modifications in policies, practices, and procedures when the modifications are necessary to avoid discrimination on the basis of disability. 28 C.F.R. § 35.130(b)(7).
449. Defendant uses eligibility criteria that tend to screen out people with disabilities. 28 C.F.R. § 35.130(b)(8).
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450. Defendant places surcharges on individuals to cover the costs of measures required for nondiscriminatory treatment. 28 C.F.R. § 35.130(f).
451. Defendant fails to maintain in operable working condition the features required for programs, services, and activities to be readily accessible to individuals with disabilities. 28 C.F.R. § 35.133(a).
452. Defendant excludes inmates from participation in, and denies them the benefits of programs, services, and activities, and subjects them to discrimination, because facilities are inaccessible and unusable by persons with disabilities. 28 C.F.R. § 35.149 & 35.152(b)(1).
453. Defendant fails to make programs, services, and activities readily accessible and usable to individuals with disabilities. 28 C.F.R. § 35.150(a).
454. Defendant fails to house inmates in the most integrated setting appropriate to their needs; places inmates in inappropriate security classifications because no accessible cells or beds available; places inmates in facilities that do not offer the same programming as other facilities; and deprives inmates with disabilities of visitation with family members by placing them in distant facilities where they would not otherwise be housed. 28 C.F.R. § 35.152(b)(2).
455. Defendant fails to ensure that each inmate is housed in a cell with the accessible elements necessary to afford the inmate access to safe, appropriate housing. 28 C.F.R. § 35.152(b)(3).
456. Defendant fails to furnish appropriate auxiliary aids and services where necessary to ensure equal participation and benefits in programs, services, activities. 28 C.F.R. § 35.160(b)(1).
457. Defendant fails to give primary consideration to the requests of individuals with disabilities in determining what auxiliary aids and services are necessary. 28 C.F.R. §
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35.160(b)(2). 458. Defendant has known about the violations noted herein but has failed to correct
them, thereby exhibiting deliberate indifference to the rights of individuals in FDOC custody. 459. As a direct and proximate cause of this pattern, practice, and deliberate
indifference, individuals with disabilities in FDOC custody—Plaintiff’s clients and constituents—have suffered, and continue to suffer from harm and violation of their ADA rights. These harms will continue unless enjoined by this Court.
COUNT 2 Rehabilitation Act 460. This count is brought under Section 504 of the Rehabilitation Act (RA), 29 U.S.C. § 701, et seq. & 29 U.S.C. § 794, et seq. 461. Defendant is a program or activity receiving federal financial assistance. 29 U.S.C. § 794. 462. Defendant has a pattern and practice of excluding qualified individuals with disabilities from participation in, and denying those individuals the benefits of programs or activities, solely by reason of the individuals’ disabilities. 29 U.S.C. § 794(a). 463. Defendant has a pattern and practice of subjecting qualified individuals with disabilities to discrimination. 29 U.S.C. § 794(a). 464. Defendant excludes qualified handicapped persons from participation in, denies them the benefits of, and otherwise subjects them to discrimination under its programs and activities. 28 C.F.R. § 42.503(a). 465. Defendant denies qualified handicapped persons the opportunity accorded others to participate in programs or activities. 28 C.F.R. § 42.503(b)(1)(i). 466. Defendant denies qualified handicapped persons an equal opportunity to achieve
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the same benefits that others. 28 C.F.R. § 42.503(b)(1)(ii). 467. Defendant provides different or separate assistance to handicapped persons or
classes of handicapped persons than is provided to others. 28 C.F.R. § 42.503(b)(1)(iii). 468. Defendant intimidates or retaliates against individuals for the purpose of
interfering with rights secured by section 504 of the RA. 28 C.F.R. § 42.503(b)(1)(vii). 469. Defendant denies qualified handicapped persons the opportunity to participate in
programs or activities on the ground that other specialized aids, benefits, or services for handicapped persons are available. 28 C.F.R. § 42.503(b)(2).
470. Defendant utilizes criteria or methods of administration that either purposely or in effect discriminate on the basis of handicap, defeat or substantially impair accomplishment of the objectives of Defendant’s programs or activities with respect to handicapped persons. 28 C.F.R. § 42.503(b)(3).
471. Defendant fails to insure that communications with applicants, employees and beneficiaries are effectively conveyed to those having impaired vision and hearing. 28 C.F.R. § 42.503(e).
472. Defendant fails to provide appropriate auxiliary aids (including but not limited to brailed and taped material, qualified interpreters, readers, and telephonic devices) to qualified handicapped persons with impaired sensory, manual, or speaking skills. 28 C.F.R. § 42.503(f).
473. Defendant fails to insure that no qualified handicapped person is denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under its programs or activities because Defendant’s facilities are inaccessible to or unusable by handicapped persons. 28 C.F.R. § 42.520.
474. Defendant has known about the violations noted herein but has failed to correct
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them, thereby exhibiting deliberate indifference to the rights of individuals in FDOC custody. 475. As a direct and proximate cause of this pattern, practice, and deliberate
indifference, individuals with disabilities in FDOC custody—Plaintiff’s clients and constituents—have suffered, and continue to suffer from harm and violation of their RA rights. These harms will continue unless enjoined by this Court.
COUNT 3 Eighth Amendment; 42 U.S.C. § 1983 476. This count is brought under the Eighth Amendment to the U.S. Constitution pursuant to 42 U.S.C. § 1983. 477. Defendant knows, and has known, that the persons in FDOC custody described herein suffer from serious medical needs, yet Defendant has failed and intentionally refused to provide the necessary aid and treatment that would alleviate those serious medical needs. Defendant has been deliberately indifferent to the serious medical needs of the persons in FDOC custody. While the Defendant has contracted with private entities to provide medical care, she nonetheless has a non-delegable duty to ensure adequate medical care for all prisoners in her custody. 478. Defendant knows, and has known, of the substantial risk of serious harm, and actual harms, faced by persons with disabilities in FDOC custody. Yet Defendant has disregarded, and continues to disregard, that risk and harms by failing and intentionally refusing to do anything that would remedy the situation. Defendant has been deliberately indifferent to the substantial risk of serious harm to the persons with disabilities in FDOC custody. 479. Defendant knows, and has known, that the persons with disabilities in FDOC custody have been deprived of humane conditions of confinement and have been exposed to grave conditions that violate contemporary standards of decency, resulting in the denial of
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civilized life’s minimal necessities. Yet Defendant has failed and intentionally refused to do anything that would remedy the situation. Defendant has been deliberately indifferent to these conditions.
480. As a direct and proximate cause of this pattern, practice, and deliberate indifference, individuals with disabilities in FDOC custody—Plaintiff’s clients and constituents—have suffered, and continue to suffer from harm and violation of their Eighth Amendment rights. These harms will continue unless enjoined by this Court.
COUNT 4 Due Process Clause of the Fourteenth Amendment; 42 U.S.C. § 1983 481. This count is brought under the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution, pursuant to 42 U.S.C. § 1983. 482. Persons with disabilities in FDOC custody have a liberty interest in gain time (“good time” credits). Gain time can be taken away or not awarded as a result of being found guilty of a Disciplinary Report (DR). Losing gain time or failing to award gain time affects the length of a person’s incarceration; that is, losing gain time or not being awarded gain time can cause prisoners to spend more time in prison. Thus, taking away gain time or failing to award it requires constitutionally adequate procedures. 483. By failing to provide interpreters or other effective accommodations during DR hearings to prisoners with disabilities, Defendant has failed to provide people with disabilities in FDOC custody with constitutionally adequate process. 484. Defendant knows, and has known, that people with disabilities are being deprived of their Due Process rights, yet Defendant has failed and intentionally refused to remedy the situation, thereby exhibiting deliberate indifference to the violations of these rights. 485. As a direct and proximate cause of this pattern, practice, and deliberate
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indifference, individuals with disabilities in FDOC custody—Plaintiff’s clients and constituents—have suffered, and continue to suffer from harm and violation of their Due Process rights. These harms will continue unless enjoined by this Court.
RELIEF SOUGHT WHEREFORE, Plaintiff respectfully requests the following relief:
A. A declaration that Defendant has violated, and continues to violate, the Americans with Disabilities Act, the Rehabilitation Act, the Eighth Amendment, and the Due Process Clause of the Fourteenth Amendment;
B. A preliminary and permanent injunction requiring Defendant to cease violating the aforementioned laws protecting people with disabilities within FDOC custody;
C. A preliminary and permanent injunction requiring Defendant to implement policies and take actions that will ensure future compliance with the aforementioned laws;
D. An order retaining jurisdiction over this matter to ensure that the terms of any injunction are fully implemented;
E. An award of attorneys’ fees, costs, and litigation expenses under 42 U.S.C. § 12205, 29 U.S.C. § 794a, and 42 U.S.C. § 1988; and
F. Such other and further relief as may be just and equitable.
Respectfully submitted, Randall C. Berg, Jr., Esq. Florida Bar No. 318371
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RBerg@FloridaJusticeInstitute.org Dante P. Trevisani, Esq. Florida Bar No. 72912 DTrevisani@FloridaJusticeInstitute.org FLORIDA JUSTICE INSTITUTE, INC. 3750 Miami Tower 100 S.E. Second Street Miami, Florida 33131-2309 305-358-2081 305-358-0910 (FAX)
Molly Paris, Esq. Fla. Bar. No. 90486 Mollyp@disabilityrightsflorida.org David Boyer, Esq. Fla. Bar No. 90917 Davidb@disabilityrightsflorida.org DISABILITY RIGHTS FLORIDA, INC. 1930 Harrison St., Ste. 104 Hollywood, FL 33020-7850 850-488-9071 850-488-8640 (FAX)
Sharon Caserta, Esq. Fla. Bar No. 0023117 scaserta@forthepeople.com MORGAN AND MORGAN, P.A. Deaf/Disability Rights Unit 76 South Laura Street, Suite 1100 Jacksonville, Florida 32202 (904) 361-0078 Direct Line (904) 245- 1121 Videophone (904) 361-4305 Facsimile
Attorneys for Plaintiff
By: s/Randall C. Berg, Jr. Randall C. Berg, Jr.
s/Dante P. Trevisani Dante P. Trevisani
s/Molly Paris______ Molly Paris
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Case 4:16-cv-00047-WS-CAS Document 1 Filed 01/26/16 Page 123 of 123 __s/David Boyer______ David Boyer s/Sharon Caserta____ Sharon Caserta
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 Case 4:16-cv-00047-RH-CAS Document 62 Filed 01/30/17 Page 1 of 51

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA
Tallahassee Division

DISABILITY RIGHTS FLORIDA, INC.,

Plaintiff,

vs.

CASE NO. 4:16-cv-47-RH-CAS

JULIE JONES, in her official capacity as Secretary of the Florida Department of Corrections,

Defendant. /

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

The Florida Department of Corrections (FDOC) has systemically failed to comply with

the federal laws protecting incarcerated people with disabilities, including the Americans with

Disabilities Act, the Rehabilitation Act, the Eighth Amendment, and the Due Process Clause of

the Fourteenth Amendment. Testimony from dozens current and former prisoners, the reports of

expert site inspections, and the FDOC’s own records reveal a disturbing pattern of violations and

a failure to take affirmative steps to ensure compliance. While this case is large and complex,

there are numerous issues for which a sufficient record has been adduced to conclude, as a matter

of law, that the FDOC has been violating these laws, and that an injunction is necessary to ensure

future compliance. Ruling on these issues will enable the parties to craft a remedial plan.

Therefore, Plaintiff Disability Rights Florida (DRF) respectfully requests that summary

judgment be entered in its favor on the issues outlined below.

1

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Background Plaintiff Disability Rights Florida Congress has created a nationwide Protection and Advocacy (P&A) System to protect the legal and human rights of people with disabilities. See 29 U.S.C. § 794e. Each state has a designated P&A organization; Plaintiff Disability Rights Florida (DRF) serves as the P&A for the state of Florida. See Alabama Disabilities Advocacy Program v. SafetyNet Youthcare, Inc., 65 F. Supp. 3d 1312, 1321 (S.D. Ala. 2014) (describing the P&A system). DRF has authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of people with disabilities. 29 U.S.C. § 794e(f)(3); 42 U.S.C. § 15043(a)(2)(A)(i)f. See Doe v. Stincer, 175 F.3d 879, 884 (11th Cir. 1999) (describing the standing of DRF’s predecessor organization). The Mistreatment of Incarcerated People with Disabilities The number of incarcerated people with disabilities nationwide is staggering. The Bureau of Justice Statistics (BJS) estimates that approximately 30% of prisoners have some kind of disability (including cognitive disabilities)—more than three times the rate in the general population.1 The BJS found that 7% of prisoners reported a vision disability versus 2.1% in the general population, 6.2% reported a hearing disability versus 2.6% in the general population, and 10.1% reported an ambulatory disability versus 5.1% in the general population. Id. at 3. The numbers are similar in Florida: The FDOC has identified 2,323 prisoners with physical (367 who are deaf or hard of hearing, 327 who are blind or have low vision, 1,707 who have mobility
1 BUREAU OF JUSTICE STATISTICS, Disabilities Among Prison and Jail Inmates, 2011-12, December 2015, at 1 (Exhibit 1). Available at https://www.bjs.gov/content/pub/pdf/dpji1112.pdf (“BJS Report”).
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impairments, and 636 who use wheelchairs).2 FDOC Impairment Rating Spreadsheet, Ex. 2. Unsurprisingly, prisoners with disabilities are more likely than non-disabled prisoners to
experience serious psychological distress. BJS Report at 6. They are also subject to more abuse by guards and other prisoners.3 See also United States v. Georgia, 546 U.S. 151, 161–62 (2006) (Stevens, J., concurring) (describing evidence in Congressional record detailing the mistreatment of prisoners with disabilities). Despite these numbers, there is still widespread noncompliance with disability laws in prisons and jails across the country, and Florida is no different.4
Finally, as this Court is aware, the United States Department of Justice (DOJ)—the federal agency responsible for enforcing the ADA and RA—is seeking to intervene in this case because it has similarly concluded that the FDOC has failed to comply with these laws. See D.E. 53. This action is the culmination of a years-long effort by the DOJ to assess the FDOC’s

2 Because prisoners may have multiple disabilities, there is overlap in these numbers. Also, as demonstrated below in the section on failure to identify prisoners with disabilities, these numbers are almost certainly too low.

3 See Ridgeway, James & Casella, Jean, Deaf Prisoners in Florida Face Abuse and Solitary

Confinement,

SOLITARY

WATCH,

May

21,

2013,

available

at

http://solitarywatch.com/2013/05/21/deaf-prisoners-in-florida-face-brutality-and-solitary-

confinement/.

4 See, e.g., Erika Eichelberger, Punished Twice: Prisons basically ignore the Americans with Disabilities Act, leaving a third of inmates facing abuse and neglect, VICE NEWS, December 28, 2016, available at https://news.vice.com/story/prisons-basically-ignore-the-americans-withdisabilities-act; AMPLIFYING VOICES OF INMATES WITH DISABILITIES (AVID), Making Hard Time
Harder: Programmatic Accommodations for Inmates with Disabilities Under the Americans With Disabilities Act, June 22, 2016 (Exhibit 3) available at http://avidprisonproject.org/MakingHard-Time-Harder/assets/making-hard-time-harder---pdf-version.pdf; CENTER FOR AMERICAN PROGRESS, Disabled Behind Bars: The Mass Incarceration of People with Disabilities in America’s Jails and Prisons, July 2016 (Exhibit 4) available at https://cdn.americanprogress.org/wpcontent/uploads/2016/07/18000151/2CriminalJusticeDisability-report.pdf; AMERICAN CIVIL LIBERTIES UNION, Caged In: Solitary Confinement’s Devastating Harm on Prisoners with Physical Disabilities, January 2017, at 12 (Exhibit 5) available at https://www.aclu.org/sites/default/files/field_document/010916-aclu-solitarydisabilityreportsingle.pdf (“ACLU Report”).
3

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compliance, despite the FDOC’s steadfast refusal to permit the DOJ to conduct a compliance review. See DOJ-FDOC Letters, Ex. 6. Over three years later, the DOJ announced its conclusion that it had “determined that FDOC has violated and continues to violate Title II [of the ADA] and Section 504 [of the RA].” Id.
Legal Framework The Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) contain broad commands requiring all public entities to ensure that their operations are meaningfully accessible to all persons with disabilities. See Frame v. City of Arlington, 657 F.3d 215, 223 (5th Cir. 2011) (en banc; citations omitted) (“The ADA is a ‘broad mandate’ of ‘comprehensive character’ and ‘sweeping purpose’ intended ‘to eliminate discrimination against disabled individuals, and to integrate them into the economic and social mainstream of American life.’”). Specifically, Title II of the ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132. Similarly, the RA provides that “[n]o otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. 794(a). “With the exception of its federal funding requirement, the RA uses the same standards as the ADA, and therefore, cases interpreting either are applicable and interchangeable.” Badillo v. Thorpe, 158 F. App’x 208, 214 (11th Cir. 2005).5 While the ADA does not explicitly define “services, programs, or activities,” the RA,
5 The FDOC receives federal financial assistance. See Answer, D.E. 37, ¶ 8. 4

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which must be “interpreted in pari materia with the ADA, defines a ‘program or activity’ as ‘all of the operations of ... a local government.’” Frame, 657 F.3d at 225 (citing 29 U.S.C. § 794(b)(1)(A)). Indeed, “the phrase ‘services, programs, or activities’ encompasses virtually everything a public entity does.” Anderson v. City of Blue Ash, 798 F.3d 338, 356 (6th Cir. 2015) (citation omitted). And even if that were not clear, the final clause of the ADA’s antidiscrimination provision is not tied to any service, program, or activity, but rather “is a catchall phrase that prohibits all discrimination by a public entity, regardless of the context.” Bledsoe v. Palm Beach Cty. Soil & Water Conservation Dist., 133 F.3d 816, 822 (11th Cir. 1998) (citation omitted). Thus, everything a public entity does—including the operations of its prisons, Pennsylvania Dep’t of Corr. v. Yeskey, 524 U.S. 206, 212 (1998)—must be done in a way that is accessible to persons with disabilities. See 28 C.F.R. § 35.152(b)(1) (“Public entities shall ensure that qualified inmates or detainees with disabilities shall not, because a facility is inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of, the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.”).
Moreover, the DOJ has promulgated regulations which give effect to these broad provisions by imposing more specific obligations. See 28 C.F.R. parts 35 and 42, et seq. “Because Congress explicitly authorized the Attorney General to promulgate regulations under the ADA, see 42 U.S.C. § 12134(a), the regulations ‘must [be given] legislative and hence controlling weight unless they are arbitrary, capricious, or plainly contrary to the statute.’” Shotz v. Cates, 256 F.3d 1077, 1080 (11th Cir. 2001) (quoting United States v. Morton, 467 U.S. 822, 834 (1984)). The DOJ has also issued a Technical Assistance Manual (TAM) and Appendices to the regulations, which further elaborate on the meaning of the regulations. “Like the ADA
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regulations, the agency’s interpretations in the TAM are given controlling weight unless they are arbitrary, capricious, or manifestly contrary to the statute.” Schwarz v. The Villages Charter Sch., Inc., 165 F. Supp. 3d 1153, 1182 (M.D. Fla. 2016) (citing Bragdon v. Abbott, 524 U.S. 624, 646 (1998)).
The regulations confirm that the access provided to persons with disabilities must be both meaningful and equal to that received by non-disabled persons. Indeed, “[a] violation of Title II . . . does not occur only when a disabled person is completely prevented from enjoying a service, program, or activity. The regulations specifically require that services, programs, and activities be ‘readily accessible.’” Shotz, 256 F.3d at 1080 (citing 28 C.F.R. § 35.150). This means public entities must ensure that individuals with disabilities are provided the same opportunities and the same benefits, with the ability to achieve the same results, as non-disabled individuals. See 28 C.F.R. § 35.130(b)(1).
To ensure equal and meaningful access, public entities must also make reasonable modifications6 in policies, practices, and procedures to avoid discrimination on the basis of disability, 28 C.F.R. § 35.130(b)(7), furnish appropriate auxiliary aids and services where necessary to ensure equal participation and benefits, 28 C.F.R. § 35.160(b)(1), and give primary consideration to the requests of individuals with disabilities in determining what auxiliary aids and services are necessary. 28 C.F.R. § 35.160(b)(2).
In sum, the ADA and RA prohibit not only “traditional” forms of discrimination, but also the lack of access caused by “thoughtlessness and indifference.” Alexander v. Choate, 469 U.S. 287, 295 (1985). To combat this, “[i]n addition to their respective prohibitions of disability-
6 “Title II’s use of the term ‘reasonable modifications’ is essentially equivalent to Title I's use of the term ‘reasonable accommodation.’” Robertson v. Las Animas County Sheriff’s Dep’t., 500 F.3d 1185, 1195 n. 8 (10th Cir. 2007).
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based discrimination, both the ADA and the Rehabilitation Act impose upon public entities an affirmative obligation to make reasonable accommodations for disabled individuals. Where a defendant fails to meet this affirmative obligation, the cause of that failure is irrelevant.” Bennett-Nelson v. Louisiana Bd. of Regents, 431 F.3d 448, 454–55 (5th Cir. 2005) (emphasis added). See also Ability Ctr. of Greater Toledo v. City of Sandusky, 385 F.3d 901, 910 (6th Cir. 2004) (“Title II imposes affirmative obligations on public entities and does not merely require them to refrain from intentionally discriminating against the disabled.”).
* * * Plaintiff’s argument is divided into four sections: three corresponding to the types of disabilities that at are issue in this case (deaf/hard of hearing, mobility, and blind/low vision) and a fourth on issues that are applicable to all disabilities. Although the bulk of Plaintiff’s claims are based on the ADA and RA, Plaintiff will indicate where an Eighth Amendment or Due Process claim is being made as well. VIOLATIONS REGARDING PRISONERS WHO ARE DEAF AND HARD OF
HEARING Deaf individuals are a linguistic and cultural minority that has been, and continues to be, communicatively disadvantaged by the hearing and speaking majority. Cokely Report (Exhibit 7) at 4. The vast majority do not attain competence in written or spoken English. Contrary to popular belief, most deaf individuals cannot lip-read English, and for those that can, the method is ineffective because only a small percentage of information can be communicated through lipreading. Id. Neither lip-reading nor written communication is a substitute for effective communication. Id. at 4 & 35. Rather, American Sign Language (ASL) is the primary method by which deaf individuals communicate. Id. at 12. ASL is its own language, with its own grammar and syntax. It is not a
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word-for-word translation of any spoken language (including English). Id. For those who use it, ASL is the only means of communication that enables effective, efficient, and reliable communication. Id. at 10.
Plaintiff’s expert, Dr. Dennis Cokely—a nationally renowned expert on deaf language and culture—conducted extensive site reviews of ten FDOC prisons and interviewed 30 deaf and hard-of-hearing prisoners. He has concluded that the FDOC denies deaf and hard of hearing inmates effective communication and access to the services and technology that make effective communication possible, that the FDOC has restricted access to services, programs, and communication, and that these problems are widespread throughout the FDOC. Id. at 5.
The FDOC Fails to Provide Qualified Interpreters During Critical Events In addition to the broad command of making all operations meaningfully and equally accessible to persons with disabilities, the ADA and RA regulations contain specific requirements of ensuring that communications are effectively conveyed. See, e.g., 28 C.F.R. §§ 35.160(a)(1); 42.502(e). As relevant here, “[a] public entity shall furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities, including applicants, participants, companions, and members of the public, an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity of a public entity.” 28 C.F.R. §35.160(b)(1). See also 28 C.F.R. § 42.503(f). “The term ‘auxiliary aids and services’ includes—(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments . . . .” 42 U.S.C. § 12103(1); 28 C.F.R. § 35.104. FDOC prisoners regularly encounter critical situations where interpreters are necessary to ensure effective, meaningful, and equal access. They include medical appointments, mental health appointments, meetings with classification officers, education programs, substance abuse
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programs, intake and orientation, disciplinary hearings, religious services, and any other

important presentation such as those required by the Prison Rape Elimination Act (PREA). A

person who is deaf or hard of hearing will, at best, not receive equal and meaningful access to

these interactions, and at worst, be completely excluded from them. Indeed, “[t]he clear reality

is that the only practical way for Deaf people and for many deaf people to participate effectively

in these types of ‘high stakes’ one-to-one interactions, and in any small or large group

interaction, is to employ the services of a qualified sign language interpreter.” Cokely Report at

24. The ADA and RA therefore the FDOC to provide qualified interpreters at these critical

interactions. See Pierce v. District of Columbia, 128 F. Supp. 3d 250, 275 (D.D.C. 2015)

(granting summary judgment for plaintiff and holding that failure to provide sign language

interpreter at various prison interactions violated ADA and RA); Clarkson v. Coughlin, 898 F.

Supp. 1019, 1046 (S.D.N.Y. 1995) (failure to provide ASL interpreters at classification and

reception violates ADA and RA); Chisolm v. McManimon, 275 F.3d 315, 329 (3d Cir. 2001)

(acknowledging that correctional facility may have to provide ASL interpreters at critical points,

including intake, medical evaluations, and classification).

But the FDOC systemically fails to do this. Numerous FDOC prisoners are consistently

forced to attend these events without interpreters being provided. See Cokely Report at 39. For

instance, in November 2016,

had an important legal call with his criminal appeal

attorney cancelled because no interpreter was provided, even though he requested one in

advance.

Dec. ¶ 11 (Ex. 8). Similarly, after

was sexually assaulted,

staff wrote in his file, “came to cell door but unable to communicate due to being deaf and

mute.”

Dec. ¶ 4 (Ex. 9). These are not isolated incidents. See Dec. ¶¶ 4 & 8 -

11 (medical and mental health appointments, programs and legal calls);

Dec. ¶¶

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3 - 5 (Ex. 10) (processing, medical, mental health, classification, religious, fatherhood classes,

GED);

Dec. ¶¶ 4-9, 11-13, & 18 (Ex. 11) (never received an ASL interpreter

during her entire incarceration, specifically lacking at church, mental health, RTC drug program,

medical, rape prevention);

Dec. ¶¶ 3-5 & 8 (Ex. 12) (medical, classification, mental

health, church, education, Horizon program);

Dec. ¶¶ 5 - 6 & 24 (Ex. 13) (no

oral interpreter for all programs, medical, classification, dental, mental health, investigations);

Dec. ¶ 5 (Ex. 14) (medical and mental health);

Dec. ¶¶ 4-7 (Ex.

15) (medical, dental, psychological, classification, church, training);

Dec. ¶¶ 7

- 9 & 14) (Ex. 16) (mental health, meetings with Securus to obtain telephone access);

Dec. ¶¶ 19-20 (Ex. 17) (no oral interpreter for church, meetings, medical);

Dec. ¶¶ 3 - 6 (medical, disciplinary hearing, mental health, reporting crime);

docs at 52457 (Ex. 18) (denied interpreter for medical appointments);

docs at

5446 (Ex. 19) (no interpreter at medical appointment);

docs at 16422 &

16409 (Ex. 20) (no interpreter at orientation for psychiatric and psychological emergency

procedure, school, or church);

docs at 13424, 13194-96 (Ex. 21) (no interpreter

at mental health screening, health care, mental health, dental, church and other meetings);

docs at 95488, 95527-95540 (Ex. 22) (disciplinary hearing), 95543, 95548,

96033(request for sign language interpreter to help with school work denied, DR resulted).

Moreover, there have been numerous instances where the FDOC’s failure to provide an

interpreter required the postponement of a critical event. See, e.g.,

Dec. ¶¶ 7 -

9 (mental health evaluation delayed for several days, then proceeded without interpreter);

docs at 5245 (delay for nearly a month);

Dec. ¶11 (legal calls

repeatedly canceled). Even if those appointments were able to be rescheduled, this pattern of

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failures still violates the ADA, because “auxiliary aids and services must be provided . . . in a timely manner.” 28 C.F.R. § 35.160(b)(2). Forcing deaf and hard-of-hearing prisoners to wait weeks or months longer for medical and other appointments is not equal and meaningful access. The FDOC’s obligation is to be proactive to ensure accessibility on the front end, not simply to respond to grievances or Reasonable Modification or Accommodation Requests (RMARs), which takes months to resolve.7
Even if FDOC staff believe that an interpreter is not required for a particular interaction, the ADA and RA do not permit them to simply make that decision unilaterally. Rather, in determining the type of auxiliary aid or service is necessary, “a public entity shall give primary consideration to the requests of individuals with disabilities.” 28 C.F.R. § 35.160(b)(2). This means that “[t]he public entity must provide an opportunity for individuals with disabilities to request the auxiliary aids and services of their choice,” and that “[t]he public entity shall honor the choice unless it can demonstrate that another effective means of communication exists or that use of the means chosen would not be required under §35.164.” 28 C.F.R. part 35, app. A (emphasis added). See also Bircoll v. Miami-Dade Cty., 480 F.3d 1072, 1082 (11th Cir. 2007) (“Further, the Appendix to DOJ Regulation § 35.160 states that ‘[t]he public entity shall honor the [disabled individual’s] choice [of auxiliary aid] unless it can demonstrate another effective means of communication exists or that use of the means chosen would not be required under §
7 Proceeding through the grievance or RMAR system if often futile. For instance, according to one report, between January 2013 and January 2015, 792 grievances were filed by FDOC prisoners with disabilities, but only 44 were resolved during this time period. See ACLU Report at 8. And even when RMARs are granted, there are unnecessary delays. See RMAR Documents (Ex. 23) 2801-2802 (request for headphones delayed 6 months); 2914-2916 (request for large print delayed 5 months); 3066-3077 (request for headphones delayed 4 months); 3075-3077 (request for volume booster delayed 4 months); 3346-3348 (request for shower chair delayed 3 months); 3748-3751 (request for key lock delayed 4 months); 3854-3855 (request for interpreter delayed 3 months); 4624-4631 (request for ASL interpreter delayed 4 ½ months).
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35.164.’” (quoting 28 C.F.R. pt. 35, app. A)). Thus, the FDOC has an obligation to “consult with the individual to determine the most appropriate auxiliary aid or service, because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective.” See TAM § II-7.1100.
The failure to conduct this inquiry alone violates the ADA. See Wright v. N.Y. State Dep’t of Corr., 831 F.3d 64, 77 (2d Cir. 2016) (failure to engage in individualized inquiry for prisoner with mobility impairment violates ADA and RA); Pierce, 128 F. Supp.3d at 254 (finding that state denied a deaf inmate “meaningful access to prison services” where prison employees “did nothing to evaluate [plaintiff’s] need for accommodation” and did not “engage in any meaningful assessment of his needs”).
But, as demonstrated above, the FDOC fails to engage in this process. Rather, it simply issues denials based on the assessment of FDOC staff and medical personnel, which is an inadequate method of judging someone’s communication skills. Cokely Report at 44 (explaining that a valid assessment of communication skills cannot simply be a medical assessment of hearing level, it must include evaluation by someone versed in ASL or other communication methods). See also RMAR Documents at 4263-4266 (request for oral interpreter denied because inmate has hearing aids); 4642-4647 (request for hearing aids and vibrating watch denied because does not meet criteria); 3917-3919 (request for hearing aids denied because not medically necessary).
Although the FDOC’s written policy allows for sign language interpreters in certain circumstances, in practice they are almost never provided. And the policy actually imposes a blanket denial of interpreters in certain situations, stating that “[i]nterpreter services will not normally be required for the following: aa. Regular sick call, or bb. Job assignment.” FDOC
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Procedure 604.101, Ex. 24 at 1696. A “regular sick call” appointment is when a prisoner first sees medical staff to describe what he or she is experiencing. This will likely entail describing symptoms, providing a history, and answering other questions the nurse may have—in short, one of the most important appointments in the prisoner’s course of treatment. There is no way a deaf person could meaningfully communicate these matters in a bi-directional way without an interpreter, and the FDOC’s blanket refusal to provide one violates the ADA and RA. See 28 C.F.R. part 35, app. A (“[A]n individual who is deaf or hard of hearing may need a qualified interpreter to communicate with municipal hospital personnel about diagnoses, procedures, tests, treatment options, surgery, or prescribed medication (e.g., dosage, side effects, drug interactions, etc.), or to explain follow-up treatments, therapies, test results, or recovery.”).
The written policy is also insufficient because it places the responsibility of requesting a sign language interpreter with the disabled individual, when it is the FDOC’s obligation to proactively ensure that interpreters are provided. See Ex. 24 at 1695. As explained above, the ADA and RA prohibit more than just intentional discrimination; they impose affirmative obligations on public entities to ensure equal and meaningful access. See Bennett-Nelson, 431 F.3d at 454–55. “Where a defendant fails to meet this affirmative obligation, the cause of that failure is irrelevant.” Id. See also Clemons v. Dart, 168 F. Supp. 3d 1060, 1068 (N.D. Ill. 2016) (“Title II of the ADA requires affirmative, proactive accommodations necessary to ensure meaningful access to public services and programs, not accommodation upon request.”); Pierce, 128 F. Supp. 3d at 272. And, the requirement of making the request sufficiently in advance results in long delays. See Wright, 831 F.3d at 73–74 (requirement that prisoner using wheelchair request a mobility “well in advance” violated ADA). And, in many instances, the FDOC already knew that the prisoner was deaf, because they were identified as such in the
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FDOC’s electronic coding system, thus putting the burden on the FDOC to at least inquire as to what accommodation would be necessary. Simply leaving the decision of whether to provide an interpreter to the discretion of FDOC staff (and only allowing interpreters “on a case-by-case basis”) violates the ADA. Ex. 24 at 1695. The FDOC must honor the disabled individual’s request unless it can convincingly demonstrate why it is unable to do so. See 28 C.F.R. § 35.160(b)(2) & app. A.
Indeed, the FDOC’s patchwork process clearly violates the ADA’s commands: [T]his Court holds that prison officials have an affirmative duty to assess the potential accommodation needs of inmates with known disabilities who are taken into custody and to provide the accommodations that are necessary for those inmates to access the prison’s programs and services, without regard to whether or not the disabled individual has made a specific request for accommodation and without relying solely on the assumptions of prison officials regarding that individual’s needs. Pierce, 128 F. Supp. 3d at 272. The FDOC policies and procedures are akin to those that were rejected in Pierce, and they should be declared unlawful here. Using Other Prisoners or FDOC Staff as “Interpreters” Does Not Satisfy the ADA and RA The FDOC sometimes requires other prisoners or FDOC staff to serve as sign language “interpreters” for other prisoners. In the first place, this contravenes the ADA and RA’s command that the burden of providing the interpreter falls with the public entity, not the disabled individual. See 28 C.F.R. § 35.160(c) (prohibiting public entities from requiring individuals to bring others to interpret for them). But more importantly, this practice does not satisfy the FDOC’s obligation to provide qualified interpreters. See 42 U.S.C. § 12103(1); 28 C.F.R. § 35.014. A “qualified interpreter” is “an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.” 28 C.F.R. § 35.014.
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As explained in the appendix to the regulations, this means the type and skill level of the interpreter must be tailored to the characteristics and needs of the person with the disability and the particular situation where the interpreter is needed. “For example, in a medical setting, a sign language interpreter must have the necessary skills to understand the grammar and syntax used by an ASL user (receptive skills) and the ability to interpret complicated medical information— presented by medical staff in English—back to that individual in ASL (expressive skills).” 28 C.F.R. pt. 35, app. A. Moreover, “someone with only a rudimentary familiarity with sign language or finger spelling is not qualified, nor is someone who is fluent in sign language but unable to translate spoken communication into ASL or to translate signed communication into spoken words.” Id. See also TAM § II-7.1200 (“Signing and interpreting are not the same thing. Being able to sign does not mean that a person can process spoken communication into the proper signs, nor does it mean that he or she possesses the proper skills to observe someone signing and change their signed or fingerspelled communication into spoken words. The interpreter must be able to interpret both receptively and expressively.”).
Courts have recognized the requirement that interpreters be qualified in the prison setting. See Williams v. Hayman, 657 F. Supp. 2d 488, 500 (D.N.J. 2008) (unqualified sign language interpreter for educational program in prison could be ADA violation); Clarkson v. Coughlin, 145 F.R.D. 339, 341 (S.D.N.Y. 1993) (“A qualified sign language interpreter is one who has obtained certification from the National Registry of Interpreters for the Deaf....”); DeLong v. Brumbaugh, 703 F.Supp. 399, 403 (W.D. Pa. 1989) (“[q]ualified interpreters are available from the Registry of Interpreters for the Deaf, Inc.”); Pyles v. Kamka, 491 F. Supp. 204, 205 (D. Md. 1980) (approving consent decree in which prison officials agreed that an interpreter shall be deemed qualified if he or she is certified by an appropriate credentialing authority).
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Using other prisoners to “interpret” falls far short of these standards. Cokely Report at

41-42. First, the FDOC has no process for assessing a prisoner’s proficiency in ASL, and even if

it did, it has no way of then identifying those prisoners who may be qualified to interpret.8 Even

if an inmate-interpreter were familiar with ASL, they certainly would not possess the necessary

skills and vocabulary to interpret receptively and expressively in a specialized situation like a

medical appointment (which would require, of course, being able to hear, understand, and speak

English). As both the regulations and Dr. Cokely make clear, there is a difference between

“social signing” and interpreting. Cokely Report at 41-42. FDOC policy even prohibits the use

of inmate and staff interpreters in most situations, thereby recognizing that doing so is

inadequate. See Ex. 24 at 1696. Yet the FDOC routinely fails to adhere to this policy. See

Cokely Report at 41;

Dec. ¶¶ 8 - 11;

Dec. ¶ 6 (was repeatedly

forced to interpret for others);

Dec. ¶ 6;

Dec. ¶ 5;

Dec. ¶¶ 5-6 (FDOC employee used for DR hearing who could not sign or understand

Mr.

);

Dec. ¶¶ 5,7-8, & 18;

Dec. ¶ 8;

docs at 5257-5258 (inmate interpreter did not want to interpret and advised that

was

unable to write and could only read a little bit; medical staff nonetheless proceeded with

appointment);

Dec. ¶ 5.

8 Procedure 403.011(15)(b)(1), (Exhibit 25) at 1685, specifies that the FDOC should complete evaluations of inmate assistants to assess their level of competency in ASL and documents the evaluation in writing. Plaintiff requested all such evaluations and the FDOC objected. See FDOC’s Response to Plaintiff’s Second Request for Production (Exhibit 26) #10: “Objection. See above. This is overly burdensome. Any such evaluations of competency would only be stored in the medical files of particular individuals who were former inmates, or present inmates who received training as an impaired inmate assistant. There were many hundreds of these individuals since January 1, 2013. Also, since the DOC does not have a database that would reflect any such evaluations for particular individuals, the medical files for all those who were trained as impaired inmate assistants during a certain period of time would need to be separately searched.”
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Finally, “[i]n order to be effective, auxiliary aids and services must be provided . . . in such a way as to protect the privacy and independence of the individual with a disability.” 28 C.F.R. § 35.160(b)(2). Requiring other inmates or staff to interpret does not meet this standard. Patients will be less candid with medical staff if other prisoners or FDOC staff are in the room, thus compromising the effectiveness of the medical appointment. Further, “[a] breach of this [medical] privacy right is especially problematic in the prison setting where an inmate’s possession of confidential information about another inmate can be used in threatening and dangerous ways.” Clarkson, 898 F. Supp. at 1041. See also Elaine Gardner, The Legal Rights of Inmates with Physical Disabilities, 14 St. Louis U. Pub. L. Rev. 175 (1994) (“The ADA definition of qualified interpreter should rule out, for the most part, the use of fellow inmates as interpreters.”).
Eighth Amendment. The Eighth Amendment “does not allow a prisoner to be exposed to an objectively unreasonable risk of serious damage to his future health.” Brooks v. Warden, 800 F.3d 1295, 1303 (11th Cir. 2015) (quotations/citations omitted). It also prohibits prison officials from being deliberately indifferent to prisoners’ serious medical needs. Gilmore v. Hodges, 738 F.3d 266, 274-75 (11th Cir. 2013). But the failure to provide interpreters in medical situations does both. It presents the unreasonable risk that deaf prisoners will not be provided with the medical care needed to prevent future damage to their health, and prison officials have known about this lack of interpreters through numerous grievances but have failed to do anything to correct the problem, thereby exhibiting deliberate indifference. Further, the isolation caused by the lack of communication also “deprive[s] inmates of the minimal civilized measure of life’s necessities’” and “are violative of the ‘contemporary standard of decency’ that the Eighth Amendment demands.” Brooks, 800 F.3d at 1303–04 (quotations omitted).
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Due Process. The retention or loss of “good time” (or “gain time” as they are called in

Florida) credits affects the length of a prisoner’s sentence, and therefore creates a liberty interest

under the Due Process Clause of the Fourteenth Amendment. Wolff v. McDonnell, 418 U.S. 539,

558 (1974). Constitutionally adequate procedures are therefore required before gain time credits

are revoked. Id.; see also Answer, D.E. 37, ¶ 482. Accordingly, the FDOC holds disciplinary

hearings to determine whether prisoners are guilty of an infraction. See F.A.C. 33-601.307.

However, sign language interpreters are not provided to deaf prisoners at these hearings.

See

Dec. ¶ 7;

Dec. ¶ 7;

Dec. ¶ 14;

Dec. ¶¶ 4-6;

Dec. ¶¶ 19-20. In October 2016,

was

denied an interpreter at a DR hearing, and was also handcuffed behind his back, making

communication impossible.

Dec. ¶ 10.

had a similar experience.

Dec. ¶ 14. The hearings are useless if the deaf prisoners cannot understand the

proceedings; it is therefore tantamount to providing no hearing at all, in violation of the Due

Process Clause. See Bonner v. Arizona Dep’t of Corr., 714 F. Supp. 420, 425 (D. Ariz. 1989)

(failure to provide sign language interpreter for disciplinary hearing violates due process);

Clarkson, 898 F. Supp. at 1050 (“Declaratory judgment and injunctive relief will issue to the

effect that Defendants’ failure to provide interpretive services or other assistive devices to class

members during disciplinary, grievance and parole proceedings is a violation of their due process

rights and of the ADA and the Rehabilitation Act.”).9

9 As noted by Dr. Cokely, an effective and less expensive method of providing interpreters would be Video Remote Interpreting (VRI) Services. Cokely Report at 45.
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The FDOC Fails to Provide Other Auxiliary Aids and Services to Deaf and Hard of Hearing Prisoners

In addition to qualified interpreters, the FDOC must also provide other auxiliary aids and

services, including “(B) qualified readers, taped texts, or other effective methods of making

visually delivered materials available to individuals with visual impairments; (C) acquisition or

modification of equipment or devices; and (D) other similar services and actions.” 42 U.S.C. §

12103(1). The regulations specify that aids and services can include telephone handset

amplifiers; assistive listening devices; telephones compatible with hearing aids; closed caption

decoders; open and closed captioning, including real-time captioning; voice, text, and video-

based telecommunications products and systems, including text telephones (TTYs), videophones,

and captioned telephones; and many others. 28 C.F.R. § 35.104.

The FDOC Fails to Provide and Maintain Hearing Aids

One of the most critical auxiliary aids needed by deaf and hard-of-hearing prisoners is a

hearing aid. An operable, properly fitted hearing aid allows a hard-of-hearing prisoner to safely

navigate throughout their environment, and allows them to have conversations, especially when

there is loud ambient noise (a common occurrence in prison). But the FDOC often fails to

provide this much-needed device, and when it is provided, the FDOC fails to make timely repairs

to them, forcing prisoners to go long periods without them. See Cokely Report at 52;

Dec. ¶¶ 3 – 13 (Ex. 27) (three year journey of fighting to get hearing aids and repairs);

Dec. ¶ 11 (repairs take a long time, provided one but needs two aids);

Dec. ¶ 3 (has never been able to get one);

Dec. ¶¶ 10 - 13 (could not obtain

hearing aid, then would not repair them);

Dec. ¶¶ 7 & 18 (could not obtain,

keeping them working and batteries);

Dec. ¶¶ 10 & 16 - 18 (could not obtain, not

properly fitted);

Dec. ¶ 5 (trouble getting, only got one hearing aid needed two);

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docs at 5425 (difficulty obtaining proper battery for hearing aid); docs at 7109 & 93878 (Ex. 28) (asked for hearing aid for left ear and was told that “[o]ne hearing aid is issued per inmate”; received defective hearing aid in May 2015, which was sent out for repair and was lost as of January 2016). Moreover, the FDOC’s written hearing aid policy is facially insufficient in several ways. First, it disallows hearing aids altogether unless the inmate has bilateral (both ears) hearing loss, and permits inmates to have only one hearing aid, even if they have bilateral hearing loss. See Health Service Bulletin 15.03.27, Ex. 29 at 1594-95. This bright-line rule violates the ADA’s requirement of conducting an individualized inquiry into each request for an accommodation. A person who is deaf in only one ear still has a disability and may still need a hearing aid, whether it be for localizing sound or to hear conversations in places with loud ambient noise. Second, the policy only permits the replacement of a hearing aid every four years. See id. at 1595. This means when a hearing aid breaks—as they frequently do—the FDOC refuses to repair it until the next four-year mark. As demonstrated by the evidence above, this policy has resulted in many hard of hearing prisoners struggling for long periods without their much needed hearing aids. See Bryant v. Dart, No. 13 C 3608, 2013 WL 5818810, at *3 (N.D. Ill. Oct. 29, 2013) (denying motion to dismiss ADA claim of confiscating and failing to replace hearing aid in jail). Eighth Amendment. Further, the Eleventh Circuit has squarely held that the failure to provide a prisoner with a hearing aid constitutes deliberate indifference to serious medical needs, in violation of the Eighth Amendment. Gilmore, 738 F.3d at 274-75. The FDOC’s practices present the significant risk of, and have actually resulted in, numerous inmates being denied much-needed medical care, despite the FDOC’s knowledge of that need. See Ancata v. Prison Health Servs., Inc., 769 F.2d 700, 704 (11th Cir. 1985).
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The FDOC Fails to Provide Equal and Meaningful Telecommunications Access One of the most important aspects of prison life is being able to effectively communicate with family, friends, loved ones, and lawyers outside of prison. However, deaf and hard of hearing prisoners cannot use a regular phone, and require some kind of auxiliary aid or service to be able to communicate. Recognizing this, the regulations require that, when public entities communicate by telephone with “applicants and beneficiaries, text telephones (TTYs) or equally effective telecommunications systems shall be used to communicate with individuals who are deaf or hard of hearing or have speech impairments.” 28 C.F.R. § 35.161(a). See also Chisolm, 275 F.3d at 330 (refusal to promptly provide telecommunication device for the deaf to deaf prisoner without engaging in individualized inquiry could state ADA violation); 28 C.F.R. §35.160(a)(1) (“A public entity shall take appropriate steps to ensure that communications with applicants, participants, members of the public, and companions with disabilities are as effective as communications with others.”). Some FDOC dorms have a teletypewriter (TTY), an archaic device that allows the users to type messages back and forth instead of speaking. Cokely Report at 13. A TTY user can communicate with a person using a regular telephone via a relay service, which is a third party intermediary that relays the messages back and forth between the parties by typing and speaking. TTYs are obsolete, and are not used anymore by the vast majority of the deaf community. Cokely Report at 47. But the FDOC even fails to make this consistently available. First, many deaf and hard-of-hearing prisoners are not housed in dorms with operable TTYs. Second, in many dorms the TTY is kept in a locked officers’ station, and to use it a prisoner must ask to check it out (often resulting in long wait times or outright refusals). See Ex. 24 at 1696 (requiring TTY to be in a locked box). In contrast, the non-deaf prisoners can simply use the
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regular phone at any point during the allowed times, thereby providing unequal access to the deaf

and hard of hearing prisoners. See Tanney v. Boles, 400 F. Supp. 2d 1027, 1043 (E.D. Mich.

2005) (policy of keeping prison TTY locked in office with limited access could violate ADA).

Third, the TTYs are often broken, or officers don’t know how to work them. See 28 C.F.R. §

35.133(a) (requiring public entities to maintain in operable working condition the features

required to ensure that programs, services, and activities are readily accessible). Fourth,

although FDOC policy allows more time to use the TTY, the policy is routinely ignored, and

deaf prisoners are denied the time they need. See Cokely Report at 47-48. See also

Dec. ¶¶ 9 - 10 (TTY doesn’t work, can’t make collect calls, as of December 27, 2016

still cannot call out);

Dec. ¶ 17;

Dec. ¶ 10;

Dec. ¶¶ 8

- 11 (denied use, broken TTY, can’t call through relay, as of December 27, 2016 still unable to

make calls);

Dec. ¶¶ 11 - 15 (his family is deaf, no videophones, calls take

long time, blocked calls, can’t call Video Relay System);

Dec ¶¶ 14 - 17 (TTY

broken, no TTY in dorm, forced to sign out, forced to wait, 15 min limit);

Dec. ¶¶

15 - 16;

Dec. ¶¶ 6 - 7 (TTY cord broken);

Dec. ¶¶ 8 - 17 (could not

call out, forced to use relay service to call deaf family, length of calls, blocked calls);

Dec. ¶ 7 (TTY broken, denied videophone);

Dec. ¶¶ 7 - 9 (denied use, limited

call time, place in inaccessible location for him as wheelchair user);

docs at

52455 (TTY not available at Columbia Annex);

docs at 110322 (denied access to

TTY);

docs at 15962 (Ex. 63) (denied access to TTY);

docs

95633, 96025-96031, 96043 (TTY system and Rape Hotline not working, inmates denied access

to and use of TDD/TTY).

There are other problems as well. Calls cannot be made to certain numbers, such as the

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TIPS line, to anonymously report abuse or other misconduct. See

Dec. ¶¶ 8 - 17

(can’t call TIPS);

Dec. ¶¶ 15 - 16 (still can’t access as of Jan 11, 2017). In addition,

prisoners and their families are charged more money to use the TTY. See

Dec.

¶¶ 13 - 14 (one bill for over $1000 for his grandfather); Cokely Report at 47-48.

Because the TTY is obsolete, it has become increasingly unlikely that family members of

deaf prisoners will own one. It also requires knowledge of written English and typing, which

many deaf people whose first language is ASL do not have. The most current form of

communication is the videophone, which is similar to Skype or videoconferencing. Id. at 49-50.

Videophones would allow ASL users to communicate in sign language directly with their loved

ones, or to communicate through an interpreter with someone who does not sign, without any

standard phone charges. Currently, Maryland, Maine, Vermont, Virginia, and Wisconsin,

provide videophones in prisons, and other states are moving in that direction.10 Id. at 51. As

explained by Dr. Cokely, they are vastly superior to other methods of communication and should

be installed in prisons where deaf or hard of hearing prisoners are housed.

The FDOC Fails to Provide Adequate Alert Systems for Deaf and Hard of Hearing Prisoners

The FDOC does not have a system in place to ensure that deaf and hard-of-hearing

prisoners are adequately alerted for critical events such as medical and legal call-outs, meal and

recreation times, and others. Cokely Report at 36-39. In most instances, an officer simply

shouts the prisoner’s name into the dorm; if a deaf prisoner doesn’t hear and doesn’t respond, the

call-out is cancelled and the prisoner may miss an important event. See

Dec.

¶ 11 (won’t flash the lights for call-outs);

Dec. ¶ 15;

Dec.

10 See Bambocci, Anthony, “How Technology Is Changing Deaf Inmates’ Ability to Connect with the Outside World,” September 19, 2016, Morning Consult. Available at https://morningconsult.com/opinions/technology-changing-deaf-inmates-ability-connect-outsideworld/.
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¶¶ 16 - 17 (missed breakfast, wake up, other calls);

Dec. ¶¶ 14 - 18 (can’t hear food

cart, shower calls in confinement, can’t hear any call-outs after moved to non-impaired dorm);

Dec. ¶¶ 19 - 22 (missed call outs, meals, order to return kitchen items, resulting

in a DR, received corrective consult because was in bathroom when count called and he couldn’t

hear);

Dec. ¶ 6 (guards not flash lights for call out, chow, wake up);

Dec. ¶ 12 (no wake up calls);

Dec. ¶¶ 19 - 20 (officers failed to flash lights for

wake up, chow, and other events, woke him up by kicking his bed).

The responsibility to provide effective alerts is subsumed within the FDOC’s

responsibility to ensure that information is conveyed in accessible methods. See 28 C.F.R.

§35.163(a) (“A public entity shall ensure that interested persons, including persons with impaired

vision or hearing, can obtain information as to the existence and location of accessible services,

activities, and facilities.”); Clarkson, 898 F. Supp. at 1047 (absence of visual alerts violates ADA

and RA).

The solution, as explained by Dr. Cokely, is simply to install visual alert systems.

Cokely Report at 38-39.

Other Auxiliary Aids and Services for Deaf and Hard of Hearing Prisoners

The FDOC has failed to provide other auxiliary aids and services, such as specialized

radios, telecoils, vibrating watches, headphones, and closed captioning. See

Dec.

¶ 13 (amplifiers);

Dec. ¶ 19 (ubi duo device, vibrating watch);

Dec. ¶¶ 4 - 6 (headphones with volume boosters);

Dec. ¶¶ 11 - 12 & 16 (radio

and accessories, pocket talker);

docs at 33971-72 (Ex. 30) (denied radio and

headphone for two years). Some aids are not provided because prisoners are not housed at

facilities that are equipped for their needs. For example, some dorms and prisons have television

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with closed captioning, or have transmitters that allow the TV audio to be transmitted to the

specialized headphones. But many deaf and hard-of-hearing prisoners are not housed in these

locations. And those that are housed in the proper locations often are not provided with the radio

receivers and telecoils that are required to receive the audio transmissions. See Cokely Report at

51-52;

Dec. ¶ 13 (no transmitter on TV for radio use). Moreover, the FDOC

does not ensure that the closed captioning is turned on and operative all the time. See

Dec. ¶ 13 (captions off, too far away to see them);

Dec. ¶ 9 (captions off,

guards do not help);

Dec. ¶ 9 (not always on);

Dec. ¶ 21 (captions off,

plus too far away to see them);

Dec. ¶ 15. See Chisolm, 275 F.3d at 330 (failure

to provide closed captioning could support ADA violation).

VIOLATIONS REGARDING PRISONERS WITH MOBILITY IMPAIRMENTS

The FDOC Fails to Maintain Wheelchair-Accessible Facilities

Public entities are required to make their facilities physically accessible to those with

mobility impairments and those who use wheelchairs. The specific building guidelines vary

depending on the date the structure was built and whether alterations were made. See 28 C.F.R.

§ 35.150 & 35.151. Correctional systems are specifically required to “implement reasonable

policies, including physical modifications to additional cells in accordance with the 2010

Standards, so as to ensure that each inmate with a disability is housed in a cell with the

accessible elements necessary to afford the inmate access to safe, appropriate housing.” 28

C.F.R. § 35.152(b)(3). See also Clemons, 168 F. Supp. 3d at 1069 (granting summary judgment

for plaintiff and holding that housing inmate using wheelchair in cell that was not compliant with

accessibility standards violated ADA and RA); Casey v. Lewis, 834 F. Supp. 1569, 1581 (D.

Ariz. 1993) (“Disabled inmates must be provided with physical accommodations necessary

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because of their disabilities, including adequate toilet and shower facilities.”); Shariff v. Coombe,
655 F. Supp. 2d 274, 298-99 (S.D.N.Y. 2009) (inability of wheelchair-using prisoners to access
restrooms amounted to Eighth Amendment violation).
As demonstrated in the attached report of Plaintiff’s ADA architectural expert Mark
Mazz, several facilities are not compliant with the applicable standards in numerous ways. See Mazz Report (Exhibit 31).11 Mr. Mazz has conducted site inspections of 14 of the 40 facilities
that the FDOC has designated as wheelchair-accessible (his attached report covers 10 of those).
The institutions vary by type, mission, security classification, and region; he can therefore draw system-wide conclusions based on his work.12 Moreover, those conclusion can be adapted to
other prisons with the same design layout.
The FDOC has been on notice for quite a while about the lack of compliance, not only
from prisoner grievances, but from other cases. For instance, in Martinetti v. Tucker, 11-CV-
81146 (S.D. Fla.), an incarcerated man complained in 2011 that the prisons in which he was
housed were not wheelchair accessible. A settlement was reached in early 2013, but the plaintiff
was forced to bring two motions to enforce it over the course of three years, after the FDOC
failed to bring the prisons into compliance. See Martinetti Motions to Enforce (Exhibit 32). The
Martinetti case brought to light that there are 188 confinement cells spread across the FDOC that
11 Mr. Mazz’s full report contains thousands of pictures, which are not attached because of their file size. The pictures have been provided to Defendant and will be provided to the Court under seal.
12 The facilities surveyed by Mr. Mazz were chosen from the list of prisons that have been designated as wheelchair-accessible by the FDOC, which was provided in response to an interrogatory. At one point during this litigation, the FDOC indicated that it would be changing this list. Not wanting to waste resources on surveying facilities that would no longer house wheelchair-using prisoners, Plaintiff asked for the new list, but FDOC refused provide it. This matter was discussed at the October 27, 2016, case management conference, wherein the Court declined to compel the FDOC to produce the new list. See D.E. 47. The FDOC has not supplemented its interrogatory response.
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are out of compliance with ADA standards because the grab bars are positioned at a 45 degree

angle from the toilet, which the FDOC conceded is not ADA-compliant. See Martinetti

Response Motion to Enforce (Exhibit 33); Grizzard Affidavit (Exhibit 34). More recent

litigation in the case of McAninch v. Crews, 12-CV-00899 (M.D. Fla.) has confirmed that the

problem still exists. Expert site inspections in that case revealed several areas of noncompliance

at Columbia Correctional Institution Annex and Northwest Florida Reception Center Annex,

including the issue with the 45-degree angle grab bars. See Norkunas Reports (Exhibit 35). The

FDOC again conceded that this configuration is not ADA-compliant. See Grizzard Dep., Ex. 36,

at 36-38. Thus, there are currently at least 188 confinement cells that the FDOC has conceded

are not compliant.

In addition to noncompliance with the architectural requirements, there are other

impediments that result in prisoners with disabilities receiving unequal access to the facilities, or

being excluded from them altogether. For example, bathrooms and showers are often

inaccessible because a) there is an insufficient number of wheelchair-accessible toilets and

showers for the number of inmates in the dorm, b) shower wands or seats are frequently broken,

c) the accessible shower—unlike the other showers—is exposed to the dorm, providing no

privacy to the user, and d) FDOC staff allow non-disabled prisoners to use the accessible toilet

and shower. See

Dec. ¶¶ 5 – 7 (Ex. 37) (at Columbia CI Annex, inaccessible cell

without elevated footlocker, sinks without enough clearance underneath to fit his wheelchair and

insufficient space between bunks to maneuver wheelchair);

documents (Ex. 38)

(at Columbia CI Annex insufficient space between bunks to maneuver wheelchairs, insufficient

number of accessible toilets and inmates in wheelchairs do not have equal access to recreational

activities).

Dec. ¶¶ 7 – 8 (Ex. 39) (insufficient number of accessible toilets and

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showers at Mayo CI Annex; no privacy screen on accessible shower at Mayo CI Annex until six

months ago);

Dec. ¶¶ 5 & 7 (Ex. 40) (insufficient number of accessible toilets at

Suwannee CI Annex; no privacy screens on accessible shower at Suwannee and

told they

are not required);

Dec. ¶¶ 3 & 5 (Ex. 41) (insufficient number of accessible toilets

and showers at Mayo CI Annex, no working shower wand at Mayo CI Annex);

Dec.

¶ 7 (Ex. 42) (has been forced to jump out of wheelchair and shower on floor; insufficient

number of accessible toilets and showers at Suwannee CI Annex);

Dec. ¶ 27

(Ex. 43) (problems getting shower wands at many prisons, currently has no shower wand at

RMC);

docs (Ex. 44) (lack of ADA cells at Columbia CI Annex so had to be

transferred for necessary protective custody on 6/27/15; no privacy in ADA showers at

Suwannee CI);

docs (Ex. 45) at 2729-30 & 33284-85 (request for shower hose in

N-1 Dorm at Wakulla Annex denied).

, a paraplegic prisoner, received very few

accommodations at all throughout his incarceration. See

Dec. ¶¶ 6 - 8 (Ex. 46)

(insufficient space under tub to accommodate wheelchair lift, insufficient shower hoses in

infirmary at Dade CI, RMC, Zephyrhills, Suwanee, CFRC, Union; essentially put in isolation in

a hallway at Dade because facility could not accommodate him).

Further, dining halls and forms have insufficient wheelchair-accessible seating. See

Dec. ¶ 9 (insufficient wheelchair seating at Mayo CI Annex dining hall);

Dec. ¶11, 14 (insufficient wheelchair seating at Suwannee CI Annex dining hall, television

rooms at Suwannee CI Annex do not have sufficient space to accommodate wheelchairs);

Dec. ¶ 10 (insufficient wheelchair seating in dining hall);

Dec. ¶ 12 (no

accessible scale in medical department at Mayo CI Annex to obtain proper weight);

Dec. ¶¶ 4 & 6 (insufficient wheelchair seating at Mayo CI Annex dining hall and

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television area).

Eighth Amendment. In addition to violating the ADA and RA, these practices also

expose inmates to conditions that deprive them of the minimal civilized measure of life’s

necessities, and constitutes deliberate indifference to serious medical needs, in violation of the

Eighth Amendment. Brooks, 800 F.3d at 1303. See also LaFaut v. Smith, 834 F.2d 389, 394

(4th Cir. 1987) (three months of being held in inaccessible cell violated Eighth Amendment);

Simmons v. Cook, 154 F.3d 805, 808 (8th Cir. 1998) (confining paraplegic inmate in non-

accessible cell is deliberate indifference in violation of the Eighth Amendment).

The FDOC Fails to Provide and Maintain Wheelchairs

As noted above, the FDOC must furnish appropriate auxiliary aids and services to ensure

that facilities are meaningfully accessible. 28 C.F.R. § 35.160. As with hearing aids, this

includes operable and properly fitted wheelchairs. Without them, every facet of prison life is not

equally accessible to someone with a mobility impairment. See 28 C.F.R. § 35.137(a) (requiring

public entities to permit individuals to use wheelchairs and other mobility aids); Dinkins v. Corr.

Med. Servs., 743 F.3d 633, 634 (8th Cir. 2014) (putting paralyzed inmate in administrative

segregation without a wheelchair, forcing him to crawl and to eat meals on the floor, stated ADA

and RA violation); Casey, 834 F. Supp. at 1581 (“Further, mobility impaired inmates must be

provided with wheelchairs and other mobility aids.”). However, the FDOC fails to provide

wheelchairs to prisoners who need them, and allows them to be confiscated by staff. See

Dec. ¶¶ 5 – 10 & 14 (Ex. 47) (confiscated wheelchair in 2014 at Santa Rosa and made

written requests to get it returned 1/2015, 6/2015, 9/2015, 11/2015, 12/2015, 1/2016 and did not

receive until mid-2016, removed from ADA list in response);

Dec. ¶¶ 16 - 17

(confiscated wheelchair in 2/2016 and has not been to chow hall in almost one year as it is too

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difficult to get there; went to sick call approximately 10 times during 2016 to get passes renewed

but was denied);

Dec. ¶¶ 19 - 22 (confiscated his electric wheelchair; lost his

$9,000 manual wheelchair in 2016; broke his expensive, manual wheelchair in 2006 or 2008;

prison-issued wheelchairs are often broken, not properly repaired).

Requests for wheelchairs are often denied based on a judgment that the prisoner’s

medical condition is not serious enough to warrant a wheelchair. See, e.g.,

docs (Ex.

48) at 116267-68 (denied walker because “[t]his is not an ADA issue.”). In doing so the FDOC

fails to give primary consideration to the wishes of the individual with the disability, in plain

violation of the ADA regulations. 28 C.F.R. § 35.160(b)(2). Rather, the FDOC simply relies on

generalizations and false stereotypes about the level of the person’s impairment, without ever

consulting them. See Wright, 831 F.3d at 78 (blanket ban on motorized wheelchair in prison

violates ADA and RA).

When wheelchairs are provided, they often go unrepaired for long periods of time. See

Dec. ¶¶ 13 - 15 (requested new wheels in January 2012 and did not receive them

for almost six months; brakes on wheelchair broken and wheelchair approximately ten years old

despite requests since 2014 for new chair; DOC will not allow custom wheelchair due to

“security issues” even though DOC issued wheelchairs do not support

’ paralysis);

Dec. ¶¶ 9 - 10 (forced to use a broken wheelchair for more than four months

before being provided a replacement; has been issued an inappropriately sized wheelchair);

Dec. ¶¶ 20 - 21 & 23 (FDOC fails to repair broken wheelchairs, issues

inappropriately sized wheelchairs);

Dec. ¶¶ 4-5 (broke his electric wheelchair

and didn’t repair it when he was released; refused to pad his manual wheelchair with padding

from his electric wheelchair);

Dec. at 4901 & 4890 (requested new cushion in 2014

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and 2015 because metal coming through seat);

Dec. ¶ 13 (front wheelchair wheels

flat and brakes broken in excess of one year). There is no consistency because some facilities do

not respect passes given at other facilities. See

Dec. ¶ 13 (received grievance

response saying that each facility has its own requirements for passes and he was not guaranteed

wheelchair pass). These delays also result in a lack of meaningful access.

Eighth Amendment. The failure to provide medically necessary wheelchairs also violates

the Eighth Amendment’s prohibition on deliberate indifference to serious medical needs. See

Schmidt v. Odell, 64 F. Supp. 2d 1014 (D. Kan. 1999) (forcing inmate who was double amputee

to crawl around jail floor to access jail facilities was sufficient to proceed to jury on Eighth

Amendment claim); Lavender v. Lampert, 242 F. Supp. 2d 821, 849 (D. Or. 2002) (“To

unnecessarily deny the use of a wheelchair to someone who obviously has an injury, and who

lacks mobility without it, would constitute deliberate indifference to a serious medical need.”);

Weeks v. Chaboudy, 984 F.2d 185, 187 (6th Cir. 1993) (refusal to permit paraplegic inmate to

use wheelchair violated Eighth Amendment).

The FDOC Fails to Provide, Train, and Monitor Wheelchair Assistants

The FDOC assigns other inmates to work as wheelchair pushers. However, the FDOC

fails to ensure that the program is operating properly. Wheelchair assistants are often

unavailable, assigned to different dorms, or in confinement. Many assistants are insufficiently

vetted or trained, and are not monitored by FDOC to ensure that they are completing their

responsibilities. See

Dec. ¶ 13 (during 2014 and 2015 filed more than 20 inmate

requests regarding problems with wheelchair pushers);

Dec. ¶¶ 23 & 25 (denied

pusher);

Dec. ¶¶ 15-16 (inmate assistants are unreliable/in gangs and

untrained);

Dec. ¶ 13 (no pusher to go library, filed grievance in April and May

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of 2016, both returned without action);

Dec. ¶¶ 11 (frequently went without

wheelchair pusher, took months to get pusher assigned). A wheelchair-using prisoner is then

forced to go through the grievance process to complain about it, which often results in months-

long delays in getting a replacement assistant. Failing to properly administer this system in an

effective manner violates the ADA and RA. See Wright, 831 F.3d at 74 (“[B]y requiring inmates

to make a formal request in advance for an aide, DOCCS has created a system which fails to

provide inmates with mobility assistants in situations where their need to move cannot be

contemplated in advance.”).

The FDOC Confiscates and Fails to Repair Prosthetic Devices

Prosthetic devices are critical for those who need them. They allow a level of mobility

and independence that is comparable to non-disabled individuals. Moreover, not using a

prosthetic device for long periods causes the muscles of the injured limb to atrophy or calcium to

build up in the joint, thus making it impossible to use the device later without the appropriate

physical therapy or requiring additional amputation or further surgery. The limb can also lose

shape, causing the prosthesis to no longer fit, resulting in cuts, sores, ulcers, and scarring.

But the FDOC confiscates these necessary prosthetic devices, causing prisoners to go

long periods without them, and also refuses to repair them when broken. See

Dec.

¶¶ 5 - 6 (not permitted to keep both wheelchair and prosthetic devices until injured in 2014;

FDOC refuses to timely repair ill-fitting prosthetic devices); Villanueva Verified Complaint (Ex.

49) (confiscated prosthetic leg);

docs (Ex. 50) at 114667 (confiscated

prosthesis). The failure to provide these devices results in nearly every facet of prison life being

inaccessible.

Eighth Amendment. Failing to provide and maintain necessary prosthetic devices also

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violates the Eighth Amendment’s prohibition on deliberate indifference to serious medical needs.

See Gilmore, 738 F.3d at 274-75 (“We have, however, long held that deprivation of needed

eyeglasses or prosthetic devices stated an Eighth Amendment violation because the

unavailability of eyeglasses or prostheses may lead to severe harm.”).

VIOLATIONS REGARDING BLIND AND VISUALLY IMPAIRED PRISONERS

People who are blind or have low vision face unique challenges, both in and out of

prison. Not only do they face difficulties in safely navigating their environment, they often face

skepticism and confusion from sighted individuals who are unfamiliar with how a low vision

person may function. A blind person’s vision may regularly fluctuate, and may change

depending on the ambient lighting and what in particular is being viewed. For instance, a person

with low vision may be able to read normal print indoors, but be totally blind in sunlight. See

Schroeder Report (Exhibit 51) ¶ 8. See also

Dec. ¶ 11 (guards don’t believe he

is vision impaired because he has some sight, guard waved middle finger at him and asked if he

could see it).

Plaintiff’s expert Dr. Fredric Schroeder conducted site inspections of five FDOC prisons

and interviewed 33 blind and visually impaired prisoners. He has concluded that the FDOC is

failing to meet its obligations under the ADA and RA. Schroeder Report at ¶ 1. Dr. Schroeder

found that the FDOC’s “dysfunctional Call Out system, denial of reasonable accommodations,

capricious application of procedures, lack of access to education, inconsistent and poor access to

library services, lack of access to recreation and so on, suggests a failure on the part of the DOC

to take seriously the human and civil rights of blind and visually impaired inmates and their

specific rights under the ADA.” Id. at ¶ 26.1.

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The FDOC Fails to Provide Auxiliary Aids and Services to Blind and Visually Impaired Prisoners

As noted above, the FDOC must furnish appropriate auxiliary aids, services, and program

modifications to ensure blind and visually impaired prisoners are afforded equal and meaningful

access. See 28 C.F.R. §35.160(b)(1). Some specific accommodations include qualified readers;

taped texts; audio recordings; Brailled materials and displays; screen reader software;

magnification software; optical readers; large print materials; and accessible electronic and

information technology. 28 C.F.R. § 35.104. See also Kruger v. Jenne, 164 F. Supp. 2d 1330,

1337–38 (S.D. Fla. 2000) (denying blind inmate an aide, a cane, an electric shaver, and a

audiobook book player stated ADA claim); Mason v. Correctional Medical Services, Inc., 559

F.3d 880, 886 (8th Cir. 2009) (quoting 35.104).

But the FDOC fails to provide even the most basic auxiliary aids and services, such as

Braille, large print, and talking watches. See Schroeder ¶ 17.9;

Dec. ¶ 23 (Ex. 53)

(denied talking watch because he couldn’t afford one). Likewise, blind prisoners do not have

access to recording devices, so they must rely on other prisoners to send and receive letters from

their family and loved ones. See Schroeder at ¶ 23.3;

Dec. ¶ 5 (denied a tape

recorder to dictate letters);

Dec. ¶ 17 (Ex. 54) (denied a tape recorder or a

Braille machine to compose letters);

Dec. ¶ 17 (Ex. 55) (denied voice recorder).

Similarly, Call Out lists are not printed in large print. Schroeder ¶ 15.5. Forcing blind and

visually impaired prisoners to rely on the goodwill of other prisoners for such basic services is

dangerous and exposes them to unnecessary risk of abuse. See Armstrong v. Brown, 857 F. Supp.

2d 919, 933 (N.D. Cal. 2012) (“Reliance on other prisoners for access to basic services, such as

food, mail, showers and toilets by prisoners with disabilities leaves them vulnerable to

exploitation and is a dangerous correctional practice.”).

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Moreover, inmates with cataracts and other conditions that make them sensitive to light

or totally blind in bright light do not have consistent access to dark-tinted glasses and/or hats.

See Schroeder at ¶ 9.3;

Dec. ¶ 10 (denied prescription dark tinted glasses);

Dec. ¶ 19 (has trouble seeing anything in bright sunlight but has not been issued

dark-tinted glasses or a hat). Visually impaired prisoners have been denied the magnifiers they

need to read and write independently. Schroeder ¶ 25.5; see also

Dec. ¶ 7

(magnifier was lost and never replaced);

Dec. ¶ 15 (denied a magnifier after

repeatedly asking for one). Prisoners are also not provided with key locks, so that they can

secure their property like sighted prisoners do with combination locks. Schroeder at ¶ 15.3 &

17.6. See also RMAR Documents (Ex. 23) at 2320-2322, 4648-4654, 4632-4637, 4391-4393,

4394-4398, 4411-4422, 3795-3798, 3851-3853, 2264-2267, 4671-4677 (all denying requests for

key locks because FDOC deemed not medically necessary). The failure of the FDOC to provide

these basic accommodations has forced some blind prisoners to spend the entire day sitting in

their cell, afraid to go outside safely. See Schroeder at ¶ 17.2;

Dec. ¶¶ 18 - 19.

Further, the FDOC has created unnecessary barriers to blind inmates accessing services

and programs independently. For example, although FDOC policy allows grievances to be filed

orally, in practice they are not accepted unless they are in writing.

Dec. ¶ 8 (tried

lodging verbal grievances and reasonable modification request but told he was not allowed). Mr.

Ealy also had trouble navigating the Disciplinary Report (DR) hearing and appeal process

because the DR appeal had to be filed in writing. Id. at ¶ 24. Before a DR hearing, prisoners

have the opportunity to request certain evidence be investigated. In order to do so, they have to

read and sign forms, which he was unable to do independently. Id.

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The FDOC Fails to Provide Equal and Meaningful Access to Reading Materials (the Talking Book Program) for Blind Prisoners

Talking Book services are free for blind people and others with documented print

disabilities. Schroeder ¶ 19.2. In Florida, the Bureau of Braille and Talking Book Library

provides such reading materials in Braille and recorded audio format to eligible residents. Id.

Reading materials, including books and magazines, are sent to and from customers via a free

mail program. Id. at ¶ 19.3. Excluding prisoners from the program violates the ADA. See

Barhite v. Trierweiler, No. 2:13-CV-169, 2014 WL 5782638, at *3-12 (W.D. Mich. Nov. 6, 2014)

(denying blind inmate access to accommodations, including talking books, stated ADA claim);

Brown v. Prelesnik, No. 1:12-CV-873, 2013 WL 838289, at *13 (W.D. Mich. Mar. 6, 2013)

(same); Kruger, 164 F. Supp. 2d at 1337–38 (same).

But prisoners are being excluded from the Florida’s Talking Book program. See

Schroeder at ¶ 19.4-19.11; see also

Dec. ¶¶ 12-13 & 17;

Dec. ¶¶ 10-

12. Enrolling is difficult and requires multiple trips to sick call, resulting in $5 copay charges

each time. See Schroeder at ¶ 25.3. Even after enrolling, prisoners are subjected to unreasonable

and inexplicable limitations. Namely, blind and visually impaired prisoners can only access

three digital Talking Books at a time. Schroeder ¶ 19.3. In practice, this restriction results in

blind prisoners having access to far fewer books than sighted prisoners, because when an

individual is finished with a talking book, he must mail it back and wait for a replacement—a

process that takes weeks or months. Id. at ¶ 19.6. In contrast, when a sighted inmate finishes a

book, he may return it to the prison library and immediately check out another book. Id. at ¶

19.6. Moreover, blind and visually impaired inmates are not allowed to select specific book

titles and are only allowed to identify topic areas, and are not permitted to receive magazine

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subscriptions. Id. at ¶ 19.8-19.10;

Dec. ¶ 11;

Dec. ¶ 31.13 These

restrictions are irrational and result in unequal access. See Mason, 559 F.3d at 886.

Plaintiff’s expert also found that confiscation of Talking Book players has been used by

the FDOC as a form of punishment. Schroeder ¶ 19.14.

reported that he was denied

Talking Books for four years because his family had sent him talking books through the mail.

Dec. ¶ 10. Denial of an accommodation is never a legitimate form of punishment.

Schroeder ¶ 19.14.

White Canes

The white cane is the most commonly recognized symbol of blindness. Schroeder ¶ 16.1.

White canes allow some measure of independence by ensuring a clear walking path, and also

alerts other prisoners to a person’s blindness, allowing those prisoners to avoid blocking their

path and possibly providing assistance with minor tasks such as opening doors. Federal courts

have found that denying prisoners white canes may be an ADA violation. See Vandiver v. Prison

Health Servs., Inc., No. 1:14-CV-350, 2014 WL 2115264, at *3 & 11 (W.D. Mich. May 21, 2014)

(taking away a white cane from a visually impaired prisoner stated an ADA claim); Armstrong,

857 F. Supp. 2d at 932–33 (noting that taking away cane from a blind jail detainee violated his

rights); Rickerson v. Gills, No. 5:11-CV-279-MP-GRJ, 2012 WL 1004733, at *1 (N.D. Fla. Feb.

8, 2012) (taking away a cane and other accommodations from a blind prisoner stated an ADA

claim).

But the FDOC fails to consistently provide white canes. Some have been given some

kind of stick as a substitute. Some had canes but had them confiscated or lost during prison

13 In some circumstances, blind prisoners don’t even receive books in their chosen topic areas.

For example,

has asked for Christian books and has been repeatedly sent books

depicting sex and violence. Schroeder ¶ 19.8.

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transfers. Some were told they could only have a white cane of a shorter length. Schroeder ¶

16.2; see also

Dec. ¶ 16 (issued tap sticks that were too short and was denied

a white cane for a period of time). Almost all prisoners interviewed by Plaintiff’s expert who

had been able to get a white cane reported that they were far too short. See Schroeder ¶ 16.2,

n.3. Moreover, many prisoners reported being denied white canes altogether. Id.;

Dec. ¶¶ 5 & 8 - 9.

had to wait five or six years to be issued a white cane.

Dec. ¶ 5.

had to wait nine years to get his. Schroeder ¶ 16.2, n.3.

Denying a blind or visually impaired inmate a white cane constitutes “a serious breach of the

human and civil rights of blind and visually impaired inmates and, by extension, a denial of their

right to reasonable accommodations.” Schroeder ¶ 16.2.

Blindness Skills Training

The term “blindness skills training” encompasses a wide range of skills and techniques

that help blind or visually impaired individuals achieve maximum independent functioning.

Schroeder ¶ 11.1. Blindness skills include self-care, such as learning to shave, independently

administer medication, and function in the home; learning to use a white cane to travel

independently in the home and community; and learning to use a wide range of assistive

technology. Id. at ¶ 11.1. As Dr. Schroeder explains, accommodations for blind prisoners are in

some cases not useful unless the prisoners receive training on how to use them. Simply giving

an inmate a white cane without providing training on its use is analogous to giving someone a

car but not teaching the individual how to drive. Id. at ¶ 10.3. But the FDOC fails to provide

any training at all. Id. at ¶¶ 11.2-11.4. This failure amounts to a failure to provide the

accommodations themselves, and thus violates the ADA and RA.

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The FDOC Fails to Properly Administer the Impaired Inmate Assistant Program for Blind or Visually Impaired Inmates

The FDOC sometimes assigns other prisoners to assist blind prisoners, but the program is

not properly administered. Specifically, inmate assistants are selected by prison officials without

the involvement of the blind or visually impaired inmate; selected without having to demonstrate

minimum skills (ability to read aloud, ability to follow basic instructions, etc.); are inconsistently

and poorly trained; are untrained on the impact of additional disabilities on the needs and

functioning of blind inmates; are often unwilling and/or unable to provide needed support; are

working without a written job description or performance standards; are handling blind or

visually impaired inmate’s sensitive and personal material with no guarantee of confidentiality;

and are transferred without notice, resulting in periods of time during which the blind or visually

impaired inmate is without assistance. Schroeder ¶¶ 11.4, 12.1 - 12.3, & 13.1-13.6; see also

Dec. ¶¶ 5 - 9 (getting an inmate assistant to help him with reading, writing, and legal

work was a “constant battle” and he would often be without an inmate assistant for weeks or

months at a time, filed 51 grievances about this in 2014 and had to beg and pay other prisoners to

help file the grievances);

Dec. ¶¶ 9 - 10 & 14 (untrained and unreliable inmate

assistants placed him in harm’s way causing him to need emergency medical treatment on

10/19/12, 8/8/14 and 9/2/14; had more than five different assistants at Franklin CI and frequently

went without assistance despite numerous requests to address problem in 2014 and 2015).

Moreover, some blind and visually impaired inmates are simply denied an inmate assistant

altogether and left to fend for themselves without any blindness skills training or other necessary

auxiliary aids and accommodations. See

Dec. ¶ 15 (repeatedly asked for an

impaired inmate assistant but was never assigned one);

Dec. ¶ 7 (denied an

inmate assistant multiple times).

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The FDOC’s written policy on inmate assistants for blind and visually impaired prisoners

is insufficient. Schroeder ¶¶ 13.1-13.6. It does not permit blind and visually impaired inmates to

be actively involved in the selection of their assistant. Id. at ¶ 13.1. The training protocols do

not include sufficient guidelines on guiding visually impaired inmates; orienting the blind or

visually impaired inmate to his environment; assisting the blind or visually impaired inmate to

engage in recreational activities; following instructions related to reading aloud letters and other

printed materials, including legal materials; assisting the blind inmate at mealtimes; and assisting

blind inmates who have additional disabilities that affect balance or other functions. Schroeder ¶

13.5. The training provided to assistants is inadequate. Id. at ¶ 13.6.

The FDOC Fails to Ensure Equal and Meaningful Access to the Law Library for Blind or Visually Impaired Prisoners

Blind and visually impaired prisoners are denied equal access to the law library, which is

a violation of the ADA. Schroeder ¶¶ 20.1-20.5. See also Cole v. Velasquez, 67 F. App’x 252

(5th Cir. 2002) (reversing a district court decision dismissing an ADA claim by a legally blind

inmate against a law library supervisor). The FDOC’s law libraries are not equipped with

standard screen enlarging software (Zoomtext) and text-to-speech software (JAWS), nor do they

have private spaces available to enable the blind or visually impaired inmate’s assistant or a law

clerk to read material aloud. Schroeder ¶ 20.2.

Moreover, law clerks are inadequately trained and supervised. It was consistently

reported to Dr. Schroeder that law clerks were demanding payment from blind and visually

impaired inmates before helping them with reading and writing their legal work. Schroeder

¶ 20.3; see also

Dec. ¶ 20 (law clerks wouldn’t help him unless they were paid and

he wouldn’t be given enough time with them). This has infringed on blind prisoners’ access to

courts. See

Dec. ¶ 9 (missed legal deadlines after being refused auxiliary aids to

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help him read and write and also being denied the assistance of a law clerk). Finally, Dr.

Schroeder found that access to a law clerk is not a replacement for assistive technology because

non-disabled inmates have the ability to conduct independent research. Schroeder ¶ 20.5.

The FDOC Fails to Provide Adequate Vision-Related Medical Treatment

The FDOC fails to provide blind and visually impaired inmates with prompt and

adequate vision-related medical treatment, often resulting in the avoidable loss of remaining

vision. Schroeder ¶ 9.1; see also

Dec. ¶ 3 (has deteriorating vision due to

glaucoma and cataracts but hasn’t seen an ophthalmologist since October 2015).

,

, and

all reported that they were able to get cataract surgery on one

eye but were denied surgery on the other. Schroeder ¶ 9.2. This policy of providing surgery on

only eye is improper. Bilateral vision is vital to depth perception and needed for safe mobility.

Schroeder ¶ 9.2. This pattern and practice of medical delay, denial, and neglect also constitutes

deliberate indifference to serious medical needs, in violation of the Eighth Amendment.

VIOLATIONS COMMON TO ALL PRISONERS WITH DISABILITES

The FDOC engages in several practices that affect the rights of all prisoners with physical

disabilities.

The FDOC Fails to Identify Prisoners with Disabilities

The FDOC’s affirmative obligations include identifying people with disabilities and

periodically reassessing their communication skills. See 28 C.F.R. pt. 35, app. A. (“Because the

appropriateness of particular auxiliary aids and services may vary as a situation changes, the

Department strongly encourages public entities to do a communication assessment of the

individual with a disability when the need for auxiliary aids and services is first identified, and to

re-assess communication effectiveness regularly throughout the communication.”). See also

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Cokely Report at 33-35 (recommending development of individualized communication plan that

is more than medical assessment).

But the FDOC fails to do this. The FDOC maintains an electronic system that records

whether prisoners have certain physical disabilities. The output from this system has identified

2,323 prisoners with physical disabilities (367 who are deaf or hard of hearing, 327 who are

blind or have low vision, 1,707 who have mobility impairments, and 636 who use wheelchairs).

See Ex. 2. But these numbers cannot possibly represent all Florida prisoners with disabilities.

For instance, a recent ACLU Report found that approximately 20% of the Florida prison

population—or 19,787 prisoners—have been assigned some kind of assistive device or special

pass indicating a mobility impairment. ACLU Report (Ex. 5) at 7-8. Using the BJS percentages

described above (see Ex. 1), the FDOC should have identified roughly 6,925 prisoners with

vision disabilities, 6,134 prisoners with hearing disabilities, and 9,893 prisoners with mobility

impairments.

Moreover, Plaintiff has identified numerous prisoners who have clear physical

disabilities, but were not identified as such in the FDOC system. See

docs (Ex.

56) at 2748-49 (documenting Mr.

’s hearing impairment);

Dec. ¶ 2

(documenting deafness);

docs (Ex. 57) at 4589 (documenting hearing impairment);

docs (Ex. 58) at 2649-50 (documenting myasthenia gravis/muscular weakness,

knee deformity, and showing he uses a wheelchair);

docs (Ex. 59) at 20282-

83 (documenting compressed discs, bulging disc, arthritis, and permanently injured knee, use of

cane); Schroeder ¶¶ 9.1 n.1, 17.1, 17.3, & 25.2 (documenting

vision

impairment); Schroeder ¶¶ 9.1 n.1, 16.2 n.3, 19.4, & 20.3 (documenting

vision

impairment);

Dec. ¶ 2 (documenting blindness);

documents (Ex.

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60) at 52239, 94229-30 (documenting advanced glaucoma);

docs. (Ex. 61) at 2542

(documenting impaired vision);

docs (Ex. 62) at 2644-45 (documenting

blindness). See also

Dec. ¶¶ 8 & 10 - 14 (repeatedly grieved for auxiliary aids and

told that the FDOC doesn’t have sufficient documentation of his disability to get them).

The failure to identify prisoners with disabilities prevents the FDOC from implementing

any accommodation, aids, or services to the thousands of prisoners who have not been identified.

The FDOC Excludes Prisoners with Disabilities from Jobs and Programs

Jobs and programs are critical for the lives of prisoners. They enable prisoners to earn

gain-time (thereby reducing their sentence), provide them with job training and a daily purpose

within prison, and occasionally permit them to earn money. But the FDOC does not permit

prisoners with certain disabilities to work in certain jobs. Many prisoners with disabilities are

relegated to being housemen, a janitorial position that involves cleaning the dorm. Or, it imposes

blanket rules that have the effect of discriminating against prisoners with disabilities. See

Cokely Report at 54; Mazz Report at 7; Schroeder ¶ 22. See also

Dec. ¶ 17 (only

permitted to work as houseman despite requests for different job because uses a wheelchair);

Dec. ¶ 8 (denied work in kitchen and library);

Dec. ¶ 12 (denied

PRIDE and work release);

Dec. ¶¶ 9 & 19 - 20 (can’t access programs, forced

to be a Housewoman);

Dec. ¶¶ 7 - 8;

Dec. ¶¶ 11 - 12 (not

permitted to participate in masonry class because of mobility impairment; not permitted to

participate in puppies for prisoners class because of vision impairment; denied placement in

faith-based dorm at NWFRC Annex because they didn’t have a wheelchair bed);

Dec. ¶ 11 (denied Alcoholics Anonymous, Narcotics Anonymous, Landscape Operations,

Commercial Foods, PC Support Services, Architectural Drafting, and transition program);

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Dec. ¶¶ 21 - 22 (not permitted work release, vocational, and educational classes; at

Columbia Annex, was told that because he used a wheelchair, he couldn’t be weighed and

therefore couldn’t go to work release);

Dec. ¶ 12 (could not go to faith based

dorm at NWFRC because no wheelchair bed available);

docs at 16405 (not

permitted to work or go outside the gate because he is deaf);

docs at 100810

(denied PRIDE job because he is deaf and was told he has a “communication problem”).

Restricting the types of jobs and programs available to prisoners with disabilities violates

the ADA regulations, which prohibit a public entity from “utiliz[ing] criteria or methods of

administration: . . . That have the effect of subjecting qualified individuals with disabilities to

discrimination.” 28 C.F.R. § 35.130(b)(3)(i). See also 28 C.F.R. § 35.130(b)(8) (prohibiting the

use of “eligibility criteria that screen out or tend to screen out an individual with a disability or

any class of individuals with disabilities”). Indeed, even though the “[a] public entity may

impose legitimate safety requirements necessary for the safe operation of its services, programs,

or activities[,]” it “must ensure that its safety requirements are based on actual risks, not on mere

speculation, stereotypes, or generalizations about individuals with disabilities.” 28 C.F.R.

§35.130(h). See also Wright, 831 F.3d at 78 (quoting the regulations); 28 C.F.R.

35.152(b)(2)(iii) (“[A] public entity . . . [s]hall not place inmates or detainees with disabilities in

facilities that do not offer the same programs as the facilities where they would otherwise be

housed.”). The FDOC, rather than completing the individualized inquiry to determine whether a

particular prisoner can do a particular job, simply enforces blanket rules, in violation of the

ADA.

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The FDOC Imposes Illegal Surcharges for Aids, Services, and Accommodations

The FDOC “may not place a surcharge on a particular individual with a disability or any

group of individuals with disabilities to cover the costs of measures, such as the provision of

auxiliary aids or program accessibility, that are required to provide that individual or group with

the nondiscriminatory treatment required by the Act or this part.” 28 C.F.R. § 35.130(f). Several

courts have struck down even nominal fees under this provision. See Dare v. California, 191

F.3d 1167, 1173 (9th Cir. 1999) ($6 fee for disability parking placard violates ADA); Klingler v.

Dir., Dep’t of Revenue, State of Mo., 433 F.3d 1078, 1082 (8th Cir. 2006) ($2 fee for disability

parking placard violates ADA).

But the FDOC violates this provision in several ways. First, to obtain or renew any

accommodation or auxiliary aid—including wheelchairs, hearing aids, specialized headphones,

white canes, radios, etc.—a prisoner is required to have a medical visit, at which point a $5

copayment is charged. See Fla. Stat. § 945.6037 (imposing the copayment). See

Dec. ¶ 19 (charged co-payments for routine pass renewal and prescription refills);

Dec. ¶¶ 9 & 11 (sent to medical to correct issues with impaired inmate assistant not doing job);

docs at 16000 (forced to go to medical to get passes);

Dec. ¶¶ 8 -

13 (told to go to medical about TV transmitter and TTY). See also RMAR Documents (Ex. 23)

at 4157-4159, 3941-3943, 4738-4741, 3948-3950, 3039-3041, 4232-4237, 4160-4169, 4112-

4114, 2396-2399 (requests for accommodations all denied and inmates instructed to be evaluated

by medical department). Whereas a prisoner who can hear can watch the television for free, a

prisoner who needs a special radio can only access the television after he pays a $5 copayment

and waits for a medical appointment. The copayment is the equivalent of an illegal surcharge.

Second, the FDOC has required prisoners to pay for certain devices such as headphones,

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vibrating watches, telecoils loops, and specialized radios. See

Dec. ¶ 11 (paid

for his vibrating watch);

Dec. ¶¶ 15 - 16 (batteries, and paid for vibrating watch);

Dec. ¶ 12 (approved for radio if he buys himself, but can’t afford it);

Dec. ¶ 15 (paid for his vibrating watch);

Dec. ¶ 18 (had to pay for his

special headphones);

Dec. ¶ 12 (paid for vibrating watch). See also RMAR

Documents (Ex. 23) at 4697-4700, 4688-4690, 4252-4257, 3174-3180 (requests for

accommodations all denied, instructing inmates to purchase items themselves). Again, charging

prisoners for these devices that the FDOC is required to provide plainly violates the regulation.

The FDOC Retaliates Against Prisoners with Disabilities and Interferes with Their Ability to Report Disability-Related Issues

The ADA prohibits retaliation against an individual because “such individual has

opposed any act or practice made unlawful by [the ADA] or because such individual made a

charge, testified, assisted, or participated in any manner in an investigation, proceeding, or

hearing under [the ADA].” 42 U.S.C. § 12203(a); 28 C.F.R. § 35.134(a). It also prohibits

“coerc[ing], intimidate[ing], threaten[ing], or interfer[ing] with any individual in the exercise or

enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her

having aided or encouraged any other individual in the exercise or enjoyment of, any right

granted or protected by [the ADA].” 42 U.S.C. § 12203(b); 28 C.F.R. § 35.134(b).

FDOC staff regularly retaliate against prisoners for lodging disability complaints. See

Dec. ¶ 16 (subjected to threats in 2016 by medical staff and guards at RMC);

Dec. ¶ 15 (subjected to threats by DOC staff and all legal papers destroyed in 2015

in retaliation);

Dec. ¶¶ 12 - 13 (at Mayo CI Annex was ridiculed by DOC staff

and subjected to bogus disciplinary reports as retaliation for filing grievances and trying to help

other inmates);

Dec. ¶ 13 (at Gulf CI told by DOC staff that if he did not stop

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writing grievances, they would have someone at compound “take care of” him);

Dec. ¶ 6 (forced to interpret for other deaf IM under threats);

Dec. ¶ 20

(threatened by officers);

Dec. ¶ 11 (threatened with confinement if she refused

to attend drug program without interpreters);

Dec. ¶¶ 22 - 25 (told he was moved

because he files many grievances);

Dec. ¶ 19 (“Because of the grievances I filed, I

was threatened, retaliated against, and placed in confinement by prison staff and

administration”);

Dec. ¶ 15 (believes he has been denied auxiliary aids because he

repeatedly grieved denial of medical treatment for his degenerative eye condition);

docs at 96383 (Ms.

was mocked and told to shut up by a corrections office for

communicating in ASL; instructed “not to teach sign language in pill line” because

communicating in ASL is a “distraction”);

docs at 96044-96045 (threatened with

DR if he reported officer’s conduct). These actions violate the ADA’s prohibition on retaliation

and interference.

Conclusion

Prisons are “unique facilities under title II.” 28 C.F.R. part 35 app. A. “Inmates cannot

leave the facilities and must have their needs met by the corrections system.” Id. The

importance of these facilities being fully accessible cannot be overstated. But, as demonstrated

above, the FDOC has failed in its responsibility to achieve that. Accordingly, Plaintiff

respectfully requests that this Court grant summary judgment in its favor and declare that the

FDOC has violated, and continues the violate, the Americans with Disabilities Act,

Rehabilitation Act, Eighth Amendment, and Due Process Clause, with respect to the issues

described above.

Should the Court grant this Motion as to some or all of the issues, Plaintiff would

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respectfully request the opportunity to confer with the Defendant as to the appropriate remedy,
and brief the Court accordingly.
Certificate of Word Limit. Pursuant to N.D. Fla. Local Rule 7.1(F), this motion
contains 15,086 words.
Respectfully submitted,
Randall C. Berg, Jr., Esq. Fla. Bar No. 318371 RBerg@FloridaJusticeInstitute.org Dante P. Trevisani, Esq. Fla. Bar No. 72912 DTrevisani@FloridaJusticeInstitute.org FLORIDA JUSTICE INSTITUTE, INC. 3750 Miami Tower 100 S.E. Second Street Miami, Florida 33131-2309 305.358.2081 305.358.0910 (Fax)
Molly Paris, Esq. Fla. Bar. No. 90486 Mollyp@disabilityrightsflorida.org David Boyer, Esq. Fla. Bar No. 90917 Davidb@disabilityrightsflorida.org DISABILITY RIGHTS FLORIDA, INC. 1930 Harrison St., Ste. 104 Hollywood, FL 33020-7850 850.488.9071 850.488.8640 (Fax)
Sharon Caserta, Esq. Fla. Bar No. 0023117 scaserta@forthepeople.com MORGAN AND MORGAN, P.A. Deaf/Disability Rights Unit
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Case 4:16-cv-00047-RH-CAS Document 62 Filed 01/30/17 Page 49 of 51
76 South Laura Street, Suite 1100 Jacksonville, Florida 32202 904.361.0078 904.245.1121 (Videophone) 904.361.4305 (Fax) Attorneys for Plaintiff By: s/Dante P. Trevisani
Dante P. Trevisani, Esq. By: s/Randall C. Berg, Jr.
Randall C. Berg, Jr., Esq. By: s/Molly Paris
Molly Paris, Esq. By: s/Erica Selig
Erica Selig, Esq. By: s/Sharon Caserta
Sharon Caserta, Esq.
CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed today, January 30, 2017, the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to all persons registered to receive electronic notifications for this case, including all opposing counsel.
By: s/ Dante P. Trevisani Dante P. Trevisani, Esq.
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Case 4:16-cv-00047-RH-CAS Document 62 Filed 01/30/17 Page 50 of 51

EXHIBIT LIST TO PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

1. Bureau of Justice Statistics (BJS) Report

2. FDOC Impairment Rating Spreadsheet

3. AVID Report

4. Center for American Progress Report

5. ACLU Report

6. DOJ-FDOC Letters

7. Dr. Dennis Cokely Report

8.

Declaration

9.

Declaration

10.

Declaration

11.

Declaration

12.

Declaration

13.

Declaration

14.

Declaration

15.

Declaration

16.

Declaration

17.

Declaration

18.

documents

19.

documents

20.

documents

21.

documents

22.

documents

23. RMAR Documents

24. FDOC Procedure 604.101

25. Procedure 403.011

26. FDOC’s Response to Plaintiff’s Second Request for Production

27.

Declaration

28.

documents

29. Health Service Bulletin 15.03.27

30.

documents

31. Mark Mazz Report

32. Martinetti Motions to Enforce

33. Martinetti Response to Motion to Enforce

34. Grizzard Affidavit

35. Norkunas Reports

36. Grizzard Deposition

37.

Declaration

38.

documents

39.

Declaration

40.

Declaration

41.

Declaration

42.

Declaration

43.

Declaration

44.

documents

50

Case 4:16-cv-00047-RH-CAS Document 62 Filed 01/30/17 Page 51 of 51

45.

documents

46.

declaration

47.

Declaration

48.

documents

49. Villanueva Verified Complaint

50.

documents

51. Dr. Fredric Schroeder Report

52.

Declaration

53.

Declaration

54.

Declaration

55.

Declaration

56.

documents

57.

documents

58.

documents

59.

documents

60.

documents

61.

documents

62.

documents

63.

documents

51

 
 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA
Tallahassee Division
DISABILITY RIGHTS FLORIDA, INC.,

Plaintiff,
vs.
JULIE JONES, in her official capacity as Secretary of the Florida Department of Corrections,
Defendant.

Case No. 4:16-cv-47-RH-CAS

SETTLEMENT AGREEMENT
Table of Contents
I. BACKGROUND
II. DEFINITIONS
1. Days... ... ..... ... .... ..... ... ......... ... ............ .. ..................... ........ .... ...... .... ...... ... ........ .... ......... .. ... ... ..... ... .... 2 2. Deaf/Hard of Hearing Inmates .. ....... ....... ... .......... .. .... ............................ ......................................2 3. Inmates with Vision Disabilities... .. .... .... ............ ..... ...... ... ..... ............ ....... .... ..... ... .... .. ... ... ... .. ... ... 2 4. Inmates with Mobility Disabilities ..... ...... .. .... ...... ..... ................... ....... ... ....... ... ........ .... .. ....... ..... .2 5. Covered Inmates .............. ... ... ....... .. ............ ......... ...... ...... ....... ... ....... ......... ..... ... ......... ...... ....... ......3 6. Compelling Security Concem .. ..... ..... ...... .. ........ .......... ..... ... .. .. ... ..... ........ .. ....... ................. .......... 3
Ill. GENERAL PLAN OF COMPLIANCE
7. Location of Covered Inmates ... ..... ....................... ........ ............ .... ....... ....... ......... .... ...... ..... ..........3 8. General Time Frames for Implementation of Requirements of General Plan of
Compliance ....... ...... ........... ............. ................. ................... .... ..... ........ ..... .... .. ........ ....... ..... .. ...... ... .3 9. Recreational Tracks ....................... ... ..... ... .. .. ..... ... .... ...... .. ...... .. .. ............ .... ..... ......... ..... ... ...... .. .....4 10. Health, Safety, & Welfare .......... ...... .... .... ...... ... .. .. .... ........ ..... ..... .. .............. .... .. .... ....... ........... .....4 11. Changes to Physical Disability Policies ....... .... .. ... .... ........ .... ..................... ..... ....... ....... .... ..... ....4 12. Initial Identification of Disabilities and Accommodations at Reception ....... ....... .... ........ ... .. 5 13. Periodic Re-assessments of Covered Inmates ... ............ ... ....... ... ......... .. .... ........ .. ... ......... ... .. .. ... 5

14. Repair or Replacement of Preexisting Accommodations ; Sending to Designee .......... .......... .. ............ .. ...... .......... ........ ..................... .......... ....... .......... ... ... .... 6
15. Making Materials Available in Accessible Formats .. ... ..... ....... ... ........ .......... ........ ..... ........ ......6 16. Procedure for Requests for Aids, Services, and Accommodations ... .. .. ..... ....... ... ..... ...... ...... .. 6 17. Other Requests for Accommodation .... ..... ... ........... ... .. ... ... .... .. .... .. .. ..... ........... ........ ........ ....... .... 6 18. Passes ................. .... ...... ........... ... ............ ....... ........ ........ .. ....... ...... ..... .... .. ........ ..... ..... ..... ..... ......... ...7 19. No Co-Pay or Charge for Accommodations .... ........ ........... ......... ....... ....... .... ...... ...... .... ..... .... ...7 20. Confiscation of Approved Accommodations .... .... ....... .... .. ... ....... ... ...... ....... ............. .............. ... 7 21. Work Release Centers and Re-entry Programs ...... ... ... ... ........ ........... ...... ... ..... ... ...... ...... ..... .....7 22. Work and Educational Programming........ ........ ..... .... ....... ............................... .. .... .......... .... ....... 8 23. PRIDE ........... .. ...... ...... ......... ...... .. ..... .......... ..... .............. ....... ... ... ........... .. ... ..... ........ .. .... ..... ...... ...... 8 24. Natural Supports ... ................ ..... ....... ........... ............... .. .... .... ...... ...... .. .. ... .... .... ... .......... ..... .. .. ... ..... 8 25. Allegations of Retaliation or Harassment... ..... ...... .. .... ...... .. ....... ..... ......... ..... .. ... ... .... ... ... ..... ...... 8
IV. TRAINING
26. FDC Staff. ...... ............ ...... ....... ........ ....... .. ... .. ................. ... .... ... ....... ......... ....... ..... ... ... .. .. .... ............. 8 27. Covered Inmates ....... ...... ... ....... ...... .. ... ...... .. .......... ... ............ .. ... .... .... ..... ....... ....... ........ ..... ....... ...10 28. Impaired Inmate Assistant ............ .................................... ..................... .............. ...... ... ......... .. ... 10
V. COMPLIANCE REQUIREMENTS FOR DEAF/HARD OF HEARING INMATES
29. Qualified Interpreters: American Sign Language, Oral Interpreters and Transliterators ...... ........ ............ ............. ..... .. .. .... ..... ..... ...... .... ..... ........ .... 11
30. Access to Qualified Interpreters: American Sign Language, Oral Interpreters or Transliterators ......... .............. .. .... ...... ......... ..... .. ... .... ...... ... .....12
31. Use of Handcuffs ... ...... .... ... ... ... ... ....... ..... .. ....... ..... ... .. ..... .. ..... ....... ................ ...... .. ....... ... ....... .. ... 13 32. Hearing Aids .... ........ ............. ... ...... ... .................... ........ ..... .. .... .. ............ ........ ... ..... .... ......... .... ..... 13 33. Teletypewriters .......... ....... .......... .... ............. ... ........ .. .. ..... ... ...... .. .. ...... ... .... .... .... ...... ..... ..... .... ...... 14 34. Telephone Amplification and Hearing Aid Compatibility ... ..... ... .... ... ........... ....... .... .... ..... .... 14 35. Captioned Telephone ("CapTel") .......... ............. .. ........ .. ........ ... ... ........ ..................................... 14 36. Video Relay Services ... ........ ....... ..... ........... .... ..... ..... ............ ...... ...... ...... ... .... ..... .. ........... ..... .. .... 14 37. Alert Systems .. .... .... ....... .. ..... .......... .......... ... .. ... .......... ....... .. .... ........ ... .... ....... ...... .. .... ............. .. ... 15 38. Vibrating Watches ...... ...... ....... .. .... ... ... .. .... .... ....... ... ....... ... ............... ... ........... ....... .... .... .. .... ...... .. 15 39. Open or Closed Captioning .......... ......... ..... ....... ........ ... ...... ..... ..... ... ....... ....... ..... ....... .......... ..... ..15 40. FM Transmitters and Receivers .. ........ ..... .. ........................ .. ..... ..... .. ...... ..... .... .. ............. ..... ....... 16
VI. COMPLIANCE REQUIREMENTS FOR INMATES WITH VISION DISABILITIES
41. Housing .. .. .......................... ..... .......... .. .. ..... .. ... .... ..... .... ... .......... .. ......................................... ........ .16 42. White Canes ..... ...... .... ....... ..... ....... ......... ......... ... .. ..... ...... ................. .. .. ... .. ..... .... ........... ... ........ .. ..16 43. Talking Watches .. ......... ... .... ..... ........ .. .. ..... ... .... ... .... .. ... ................ ...... ..... .......... ..... ..... ..... .......... .17 44. Key Locks ..... ... ...... ..... ... .... ..... .... .... ..... ...... .... ......... ........... .......... .. .. ... ....... ..... ... ................ ........... 17 45. Magnifiers ..... .. ........ ..... ...... ................ ....... ................ .... ............... ... ........... ..... .. ....... ..... ........... ... ..17 46. Recorders/Players .... .......... .... ... .. .. ...... ... .. .... ... .... ......... .. ............... ..... ........... ... ....... ....... .... ...... .... 17 47. General Library Services .. ........ ....... .... ....... ...... .... .... .... .... .. ... .... ... ... ......... ........ .. ... .. ................... 18
11

48. Law Library Services .. ... .... .. .... .. ..... .. .......... .......... ...... .. .. ....... .. ... ... .. ... .......... ... .... ..... ... ... .... ... .....18 49. Time to Work with Impaired Inmate Assistants,
Library Clerks, and Law Clerks in or Near the Law Library ....... ..... ...................... ......... ... 18 50. The Division of Blind Services ' Talking Book Program .. .... ..... ...... ......... .... .. ....... .. ... .. .... .... .18 51. Call Out Lists ..... .......... ..... .. ...... ....... .. ....... .. ...... ... ..... ..... .. ..... .... ......... .......... ..... ... .... .. .... .. ... .... ..... 19 52. Medical Care .............. ..... ........ ..... .... ............... .... ................... ........ ............ ......... .......... ....... ...... ..19 53. Correspondence Courses from Hadley School for the Blind .. .. ......... ........ .... ... ... ... ....... ... .... .19 54. Access to Grievance, RMAR, and DR System... .... .. ....... ... ... ................ ....... ........ .... ...... ......... 19 55 . Impaired Inmate Assistants ...... .... ................ ..... ... ...... .. .... ... ..... ........ ... .......... ..... ... ... ... .... ........ ...20 56. FM Transmitters and Receivers .. ....... ............ ..... ..... .. .............. ..... ..... .... ............. ..... .... ..... .. ..... .. 20
VII. PLAN OF COMPLIANCE FOR INMATES WITH MOBILITY DISABILITIES
57. Modifications to Prisons Where IMDs Will Be Housed ... ... ... .... ... ........ ...... ..... ........ ..... ......200 A. Selection of an Architect .. .... .. ........ ... .. .... ..... ....... ... .... ....... .. ............... .......... ... ...... ....... 200 B. Facilities and Areas in Facilities That Mark Mazz Has Already Inspected .... ..... .......... 21 C. Facilities and Areas in Facilities That Mark Mazz Has Not Inspected ... ... ..... ..... ..... ..... 22
58. Wheelchairs .... ...... ...................... ..... .... ... .. .. .... ....... .. .... ..... ....... ... ... .. ..... .... ...... ... ...... .... .. ...... .... .....24 59. Prosthetic Devices ........... ..... ........... ...... ...... .. .. ..... ......... ....... ........ ... ........ .. ......... .. ...... .. .. .... ... .... .. 24 60. Other Accommodations .... .... ....... .. ......... ........ .... .... ... ......... ...... ....... ......... ....... ....... .... .. .. .... ........ 25 6 1. Bathrooms and Showers ....... ..... .... .... .... .. .. ... ...... ...... ............... ......... ...... .. ........ ....... ...... .. ...........25 62. Impaired Inmate Assistants (IIAs) ..... ..... .......... ....... ...... ..... .......... ............ ... .... ....... ......... .........26
VIII. IMPLEMENTATION OF THE PLAN OF COMPLIANCE
63. Agreement to Implement the Plan of Compliance .. ........ .... .... ...... ... ... .... .. .. ... ...... .... .... ..... ...... 26 64. No Admission ..... .. ..... ...... .............. .......... ...... .......... ....... ..... .. ... ... ... ........ ..... .. ... ... ..... ......... ..... ... ..26 65. Agreement is the Product of Multiple Sessions.. .... ... .... .......... ... .. ....... .. .. .. ..... ... ....... ........ .......26 66. Voluntary Dismissal ...... .... .... .. ...... ...... .. ...... ........ ... .. .... ...... ........ ... .. ....... ......... ... ..... ........... ......... 27 67. Meetings .. ....... ................ .... ...... ......... .... ......... ....... ........ .... ............ .. ........... ......... .. .... ... ....... ... ...... .27 68. Continued Protection and Advocacy Activities.... ............. ..... ........ .... ...... ...... .... .... .. .... .... ... ....28 69. Party Liaisons and Presentation of Concerns...... .... .... .. .... ... .... .. ........... .. .... .. ... ..... ..... ... .... ...... .28 70. DRF ' s Access to Records ..... ..... .. ..... ........... ..... ........ ....... .......... ...... ...... ... ....... ... ........ ....... .........28 71. Confidential Legal Visits and Telephone Calls with Inmates ..... ... ....... .. ........ ..... ... ..... .. ... ... .30 72. Compliance Visits ... ..... ....................... ... .... .... ... ...... .... ..... ........ .... .... ........ .. .... .. .. .... .. .. ..... .. ... .... ...31
IX. VIOLATION OF SETTLEMENT AGREEMENT
73. Procedures for Allegations of Significant Breach of this Agreement ...... ..... ............... ..... ...31 A. Notice of Significant Breach ..... ... ...... ...... ....... ...... .... .......... .......... .......... .......... ..... ........ 32 B. Response to Notice of Significant Breach ..... .......... ..... .......... ... ....... ....... .......... ..... ..... ... 32 C. Reply Regarding Significant Breach .. ........ ... ..... ... ......... .... .. ... .... .......... ..... .... .. ........... ... 33
74. DRF 's Remedy for FDC's Alleged Significant Breach .... ... .. ...... ... .................. ... ..................33 75. Effect of DRF ' s Inaction or Action With Respect To A Suit To Enforce .......... .. ...... .... .. ...33
Ill

X. OTHER PROVISIONS 76. Authentication of Documents .. ...... ... ........ ....... .... ........ ..... ......... ............. ...... ..... ... .. ....... ....... .....34 77. Attorney ' s Fees and Costs .... .. .............. ..... .... .. .. .... .. ....... ........ ..... ... .... ....... ........... .......... ...... ... ...34 78. Modification of the Manner in Which FDC Provides Accommodations to Covered Inmates ... ... ....... ................ .... .... ..... ..... ....... ................ .... .. ...... .. .. 34 79. Modification of Agreement .... ..... ......... ...... .... ...... ... ..... .. ............ ....... ......... ... .... ..... .. .. .. ... ... .... .. ..35 80. Force Majeure Clause .... .... ..... ....... .. .... ..... ...... .... ... ...... ..... .......... ... .. .... ......... ... .... ... .. .... ..............35 81. Agreement Binding on Successors ...................... ..... .. .. ....... ... ....... ..... ........ ... .. ...... .......... ..........35 82. Agreement Constitutes Entire Agreement. .. .... ..... ......... ....... ... .... ........... .... .......... ... ... .............. 35 83 . Effective Date of Agreement ............... ...... .... ... .. ... ......... ....... ..... ...... .. .. .... ..... ... ..... ... .... ..... ... ..... 36 84. Agreement Subject to Legislative Appropriations .... ....... .... .. .. ....... ......... ..... ..... ..... ..... .... .... ...36 85. Release .......... .............. ...... ..... .... ..... .. ...... .. .. ... .. ...... ... ... ... ...... .... ..... ... ........... .. .. ... ..... ...... .. ..... .. .. ....37 86. Compliance with Section 45.062 ........ .... ...... .... ....... .... ..... ... .... ... .... .. .... ... .... .... ... ............. ......... .37
EXHIBITS A. List of Institutions B. Implementation Schedule C. Public Announcement for Professional Architectural Services D. Accessibility Items at Prisons Inspected by Mark Mazz E. Architect Inspection Procedures F. Business Associate Agreement G. Procedures for the Compliance Visits
lV

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA
Tallahassee Division
DISABILITY RIGHTS FLORIDA, INC.,

Plaintiff,
vs.
JULIE JONES, in her official capacity as Secretary of the Florida Department of Corrections,
Defendant.

Case No. 4:16-cv-47-RH-CAS

SETTLEMENT AGREEMENT
The Plaintiff, DISABILITY RIGHTS FLORIDA, INC. , ("DRF") and the Defendant, JULIE JONES, sued in her official capacity as Secretary of the Florida Department of Corrections ("FDC") (collectively the "Parties"), have entered into this Settlement Agreement ("Agreement") as a plan for settling this litigation. Both Parties agree to comply with the following terms. The Parties do not intend that this Agreement will be enforceable by an order of this Court. As set forth below, this Agreement is a contract enforceable in state court should the FDC significantly breach this Agreement. That this Agreement is not a Consent Decree is a key factor in FDC' s willingness to enter into this Agreement.
I. BACKGROUND DRF initiated this action by filing a Complaint on January 6, 2016. In the Complaint, DRF alleges that FDC has violated and continues to violate, in a systemic fashion, Title II of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, the Eighth
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Amendment to the United States Constitution, and the Due Process Clause of the United States Constitution, in its treatment of inmates who have hearing, vision, and mobility disabilities. FDC responded to DRF ' s allegations by denying all liability.
DRF did not, and does not, assert any claims based on the treatment of, or on behalf of, FDC inmates with mental, emotional, cognitive, or developmental disabilities, unless those inmates also have a physical disability involving their hearing, vision or mobility. To the extent that inmates with mental, emotional, cognitive, or developmental disabilities also have hearing, vision, or mobility disabilities, this Agreement provides for compliance activities only for their hearing, vision, and mobility disabilities.
This Agreement is the product of multiple mediation meetings , and the Parties believe that this Agreement represents a fair settlement of DRF' s claims.
II. DEFINITIONS 1. Days. Unless otherwise specified, references to "days" shall be to calendar days . If the last day of the specified period falls on a weekend or holiday, the due date shall be the next business day. 2. Deaf/Hard of Hearing Inmates. Abbreviated herein as "D/HOH inmate". This means an FDC inmate with a physical impairment that substantially limits the inmate ' s hearing, as defined in the Americans with Disabilities Act, 42 U.S.C. § 12102. 3. Inmates with Vision Disabilities. Abbreviated herein as "IVD." This means an FDC inmate with a physical impairment that substantially limits the inmate' s seeing, as defined in the Americans with Disabilities Act, 42 U.S.C. § 12102. 4. Inmates with Mobility Disabilities. Abbreviated herein as "IMD," or "IMDs." This means an FDC inmate with a physical impairment that affects the inmate's ability to move,
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which substantially limits the inmate ' s major life activities of walking, standing, bending, performing manual tasks, lifting, reaching, or sitting, as defined in the Americans with Disabilities Act, 42 U.S.C. § 12102 and 42 C.F.R. § 35.108.
5. Covered Inmates. For purposes of this Agreement, Covered Inmates means any Deaf/Hard of Hearing Inmate, BlindNisually Impaired Inmate, or Inmate with a Mobility Disability.
6. Compelling Security Concern. For purposes of this Agreement, a "compelling security concern," as it relates to a reasonable accommodation, aid, or device, that has been provided or may be provided to a Covered Inmate, exists if the accommodation, auxiliary aid, or device cannot be adequately searched by FDC for contraband, is contraband, has been used as a weapon, can be weaponized to harm the Covered Inmate or others, or can be used to facilitate an escape. Documentation of the compelling security concern shall be maintained.
III. GENERAL PLAN OF COMPLIANCE The Parties agree to the following Plan of Compliance: 7. Location of Covered Inmates. Effective July 1, 2017, FDC will begin to locate Covered Inmates in the facilities listed in the attached Exhibit A This will be accomplished by June 30, 2018, except for inmates in restrictive housing. Covered Inmates in restrictive housing cells will be moved as the architectural modifications to the restrictive housing cells are completed. All restrictive housing cells will be completed no later than December 31 , 2019. The services contemplated for the Covered Inmates will be provided at the facilities listed, in accordance with the implementation schedules referred to herein. 8. General Time Frames for Implementation of Requirements of General Plan of Compliance. Attached as Exhibit B is an Implementation Schedule which describes the time
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frames for implementation of the requirements of the General Plan of Compliance, except for architectural modifications which are described in paragraph 57 below. The Parties agree that the timing of compliance as set forth in this document is an essential term of the Agreement.
9. Recreational Tracks. Existing recreational tracks at the facilities listed on Exhibit A, that are used for activities such as running and walking by inmates, shall be paved so that they can be safely traversed by IVDs and IMDs.
10. Health, Safety, & Welfare. FDC reserves the right to temporarily suspend a Covered Inmate ' s access to any accommodation, aid, or device, to protect the health, safety, and welfare of inmates or staff.
11. Changes to Physical Disability Policies. FDC shall complete a review of its policies, rules, procedures, Health Service Bulletins, manuals, the Inmate Handbook, and post orders, and any associated forms that reference the treatment of Covered Inmates (hereinafter collectively referred to as "policies") to determine which of them must be modified to comply with the provisions of this Agreement. Within one hundred twenty (120) days from the Effective Date, FDC shall provide to DRF, in draft, the revisions to the policies. However, FDC will also provide revised drafts of the policies as they become available. DRF shall have sixty (60) days to provide feedback to FDC on the proposed revised changes. While FDC will consider DRF ' s feedback, FDC reserves the right to make the final decision as to policy content. Within thirty (30) days after receiving DRF ' s feedback, FDC will initiate rulemaking for those policies requiring Chapter 120 rulemaking, will adopt any finalized policies not requiring rulemaking, and will provide final copies to DRF. The FDC shall comply with these new policies to the extent that they relate to this Agreement.
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12. Initial Identification of Disabilities and Accommodations at Reception. At Reception, FDC will attempt to identify whether an inmate has a hearing, vision, or mobility disability. If it is determined that the inmate is a Covered Inmate, FDC will determine the extent of the disability, and whether he or she needs any accommodations, aids, or services. For D/HOH Inmates and IVD Inmates, FDC will evaluate the verbal and written communication skills, reading level, and where appropriate, the inmate ' s proficiency in sign language (including American Sign Language) by an appropriate professional. The sign language evaluation must be completed by a Qualified Interpreter. The assessment must also include documentation of any needs and accommodations desired by the inmate, and FDC will consider the Covered Inmate's stated preferences. FDC shall conduct an individualized assessment of the need for accommodations, aids, or services required by the Covered Inmate. Results of this assessment will be documented and placed in the Covered Inmate ' s record, documented in FDC's electronic system (currently called "Offender Based Information System" or OBIS), and will be made available as needed, to FDC staff responsible for the inmate ' s medical care, programs, or custody and supervision at both Reception and the permanent prison. The FDC will use this information so that needed accommodations, aids, or services are provided.
13. Periodic Re-assessments of Covered Inmates. At least once per year, FDC will conduct periodic re-assessments of Covered Inmates to determine whether any changes in accommodations are necessary. These re-assessments shall include but not be limited to determining whether the Covered Inmate is receiving effective accommodations for his or her disability, whether the Covered Inmate desires any other accommodations, and a medical examination, if appropriate. Results of any changes in the Covered Inmate ' s status, or his or her
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permitted accommodations, will be provided, or made available, to FDC staff responsible for the Covered Inmate 's medical care, programs, or custody and supervision.
14. Repair or Replacement of Preexisting Accommodations; Sending to Designee. If a Covered Inmate comes into custody with an accommodation, auxiliary aid, or device and the accommodation, auxiliary aid, or device requires repair, FDC may provide another accommodation, auxiliary aid, or device in lieu of repairs. If this occurs and the Covered Inmate wishes to keep the original accommodation, auxiliary aid, or device, the Covered Inmate will be allowed to send the accommodation, auxiliary aid, or device to his or her designee.
15. Making Materials Available in Accessible Formats. All materials distributed or made available to inmates, including paper forms , signs, handbooks, orientation materials, instructional videos, grievances, etc. , must also be in accessible formats .
16. Procedure for Requests for Aids, Services, and Accommodations. If an inmate requests an accommodation, aid, or service, the FDC will consider the request in good faith , interview the inmate if necessary, and refer the inmate for a medical evaluation as needed. The determination that an inmate, who has requested an accommodation, is not a Covered Inmate shall be made only after a recommendation from a medical doctor, if appropriate, and written approval by the statewide ADA Coordinator or his or her designee. The reasons for the determination must be documented in writing in the inmate ' s record.
17. Other Requests for Accommodation . If a Covered Inmate requests an accommodation, aid, or service that is not covered elsewhere in this Agreement, after a determination of need is made under the prior paragraph, FDC will provide the requested accommodation, aid, or service to the Covered Inmate unless (1) FDC has a compelling security, health, safety, or welfare concern, (2) the inmate already has an effective accommodation, (3) the
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accommodation would cause an undue financial or administrative burden to FDC, (4) another reasonable and effective accommodation is available, or (5) the accommodation would constitute a fundamental alteration of an identifiable FDC program, service, or activity. The reasons for the denial must be documented in writing in the inmate ' s record.
18. Passes. The FDC will issue passes to Covered Inmates to implement any accommodations, aids, and services it has provided. All necessary passes for Covered Inmates will remain in effect even when a Covered Inmate is transferred to another facility , so that the Covered Inmate does not lose his or her accommodations, auxiliary aids, and services solely because of the transfer.
19. No Co-Pay or Charge for Accommodations. If FDC refers a Covered Inmate for a medical visit to assess the need for an accommodation, aid, or service, no medical co-pay will be charged to the Covered Inmate. No charges shall be assessed to a Covered Inmate for accommodations, aids, or services, including batteries to use the accommodation device, that are or have been previously approved by FDC.
20. Confiscation of Approved Accommodations. The FDC shall not confiscate a Covered Inmate ' s approved accommodation, aid, or service or fail to renew or approve a pass for a Covered Inmate ' s approved accommodation, aid, or service, unless there is a compelling security concern. All confiscations of Covered Inmates ' approved accommodations, aids, or devices must be approved by the institutional warden who will confer with an ADA Coordinator and the Chief Health Officer of the institution.
21. Work Release Centers and Re-entry Programs. FDC will not refuse to send a qualified Covered Inmate to a community work release center or reentry program because the inmate has a mobility, hearing, or vision disability.
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22. Work and Educational Programming. FDC shall not deny an otherwise qualified Covered Inmate access to work, vocational, or educational programming on the basis of that inmate ' s disability. If a Covered Inmate applies for a work position, or a vocational or educational opportunity, and that inmate meets the skill, experience, and education requirements, medical restrictions, custody level, criminal history and time remaining on sentence requirements, the FDC will not deny that individual the position or opportunity without documentation by an ADA Coordinator. The ADA Coordinator shall document whether (1) FDC can make reasonable modifications in policies, practices or procedures to permit the inmate to meet the essential functions of the position or opportunity, and (2) the modifications fundamentally alter the nature of the program, service or activity. Enrollment in courses offered by the Hadley School for the Blind shall not be the basis for denying an IVD inmate access to work, vocational, or educational programming that is otherwise available.
23. PRIDE. FDC shall not prevent a qualified Covered Inmate from participating in PRIDE work programs because the inmate has a mobility, hearing, or vision disability.
24 . Natural Supports. A Covered Inmate shall not be punished on the sole basis that he or she asked another inmate for help due to his or her disability, or accepted such help, and an inmate shall not be punished on the sole basis that he or she provided such help.
25. Allegations of Retaliation or Harassment. Allegations of retaliation or harassment will be promptly investigated by FDC, and appropriate action will be taken.
IV. TRAINING 26. FDC Staff. By July 1, 2018, FDC shall begin to provide training appropriate to the responsibilities of all FDC medical care, programs, and custody and supervision staff who interact with Covered Inmates, on the following subjects: (A) disability laws, (B) the FDC ' s
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process of evaluating impairments and disability, and providing information regarding that to staff, (C) the use and evaluation of impaired inmate assistants, (D) the process for Covered Inmates to request accommodations, (E) the availability and the use of accommodations that are provided by the FDC, (F) general information as to how to effectively work with Covered Inmates, (G) explanations of the use of sign language by D/HOH inmates, (H) the limitations of hearing aids, (I) appropriate ways to guide inmates who are blind or visually disabled, (J) orienting blind or visually disabled inmates to their environment, (K) assisting blind or visually disabled inmates with submitting grievances, appeals, Reasonable Modification or Accommodation Requests, Disciplinary Report paperwork and appeals, and other similar documents; (L) functional implications of being a D/HOH, IVD, or IMD inmate ; and (M) common misunderstandings about an individual 's remaining sight, hearing, and mobility. The FDC shall utilize reasonable efforts to consult with the Florida Department of Education Division of Blind Services and the Florida School for the Deaf and Blind to develop its training modules. This training shall be provided by qualified personnel, and may be via webinar or online training. As draft written training materials for different training modules are completed, FDC will provide those materials to DRF. Within nine (9) months after the Effective Date of this Agreement, FDC will provide DRF with a copy of the written materials to be used for the training for DRF ' s feedback. DRF will respond within thirty(30) days; however, FDC reserves sole discretion on the content of its training materials. Within eleven (11) months after the Effective Date of this Agreement, FDC will provide DRF with a copy of any videos or online materials that may be used for the training for DRF' s feedback. DRF will respond within thirty (30) days; however, FDC reserves sole discretion on the content of any video or online training materials. All staff who interact with Covered Inmates will receive a first training by July 1,
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2019. This training will be repeated on an annual basis. When this training becomes available, new staff shall complete it as part of their initial orientation and training.
27. Covered Inmates. At Reception, FDC will provide additional orientation for Covered Inmates that includes the following subjects, as appropriate: (A) skills training, (B) orientation at the permanent prison, (C) the impaired inmate assistant program, (D) orientation to accommodations and services that are being provided (this must include information about devices available at FDC prisons), (E) quarterly impaired inmate meetings, (F) FDC' s ADA coordinators, (G) filing requests for accommodation (including grievances and Reasonable Modification or Accommodation Requests), (H) services provided by The Division of Blind Services ' Talking Book Program, and (I) services provided by the Hadley School for the Blind. The materials must be provided in a format that is appropriate and accessible for the individual Covered Inmate. When the Covered Inmate is transferred to a permanent prison, appropriate ADA training will be provided as needed.
The FDC shall facilitate general skills training for IVD inmates through the Hadley Institute for the Visually Impaired and Blind, and FDC shall also offer training on the use of the auxiliary aids and devices that have been provided to these inmates. The goal of this training is to promote independence among the IVD inmates. The FDC shall offer IVD inmates who have difficulty safely and independently moving on, and negotiating, steps, curbs, terrain, and facilities, skills training for traveling independently. The FDC shall also offer all Covered Inmates, as needed, skills training in self-care, shaving, the safe and independent administration of medicine, and traveling independently.
28. Impaired Inmate Assistant. Impaired Inmate Assistants ("IIAs") will receive initial and periodic training as to their job duties and performance criteria, as well as assisting
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Covered Inmates. The assistance training will be designed to educate the IIAs to (A) a Covered Inmate's needs, (B) the use and evaluation of impaired inmate assistants, (C) general information as to how to effectively work with Covered Inmates with disabilities, (D) functional implications of being deaf/hard of hearing, blind/visually impaired, or having a mobility disability; and (E) common misunderstandings about an individual's remaining sight, hearing, and mobility.
Training for IIAs that assist IVD inmates will also include topics such as guiding, assisting with talking watches, assistance in recreational activities, reading aloud, assistance at meals, traveling stairs, and maintaining confidentiality of information.
Training for IlAs that assist with IMDs will also include topics such as safely pushing a wheelchair, helping someone to transfer to another seat, and assistance with daily life activities.
V. COMPLIANCE REQUIREMENTS FOR DEAF/HARD OF HEARING INMATES 29. Qualified Interpreters: American Sign Language, Oral Interpreters and
Transliterators. A qualified sign language interpreter ("interpreter") is one who , via a video remote interpreting service or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. An individual does not need to be registered or licensed in order to be considered to be a qualified sign language interpreter, but an individual holding a valid certification from the National Registry of Interpreters for the Deaf or the National Association of the Deaf shall be deemed to be a qualified sign language interpreter. Preference will be given to interpreters who hold a certification from the National Registry of Interpreters for the Deaf or the National Association of the Deaf. FDC will exercise reasonable efforts to utilize interpreters who hold a certification from the National Registry of Interpreters for the Deaf or the National Association of the Deaf in hiring or contracting with interpreters.
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30. Access to Qualified Interpreters: American Sign Language, Oral Interpreters or Transliterators. FDC shall make available an interpreter to any D/HOH inmate whose effective means of communication is sign language or speech-reading/lip-reading in the following situations: (A) medical, dental, and mental health appointments; (B) scheduled meetings with classification officers; (C) education programs; (D) substance abuse programs; (E) intake and orientation; (F) disciplinary hearings; (G) work and job training, including at PRIDE; (H) religious services; (I) any training for matters that are outside the routine day-to-day schedule; (J) PREA training; and (K) any pre-release and re-entry instructions.
The phrase "make available" includes making an interpreter available by video remote interpreting (VRI) service, or by an on-site appearance. VRI shall not be used when it is not effective. FDC shall adopt a policy to implement the use of VRI for D/HOH inmates. VRI will not be utilized if:
A. A qualified sign language interpreter is available to provide onsite interpretation; B. The event at issue is long or complex; C. The individual has a secondary disability (such as low vision or physical mobility)
that may impede the ability of the inmate to fully access the communications; and D. The individual has cognitive, psychiatric, or linguistic difficulties which impede
effective communication through VRI. To the extent that FDC provides qualified interpreters via VRI services, FDC shall provide: (1) Real-time, full-motion video and audio over a dedicated high-speed, widebandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication;
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(2) A sharply delineated image that is large enough to display the interpreter's face , arms, hands, and fingers, and the participating individual's face, arms, hands, and fingers , regardless of his or her body position; (3) A clear, audible transmission of voices; (4) Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI; and (5) Use of the VRI equipment in a location which safeguards the inmate ' s privacy, as much as any non-disabled inmate ' s privacy is protected. 31. Use of Handcuffs. Except when an inmate is being transported, FDC shall, as a reasonable accommodation, handcuff in the front D/HOH inmates whose effective means of communication is by sign language or writing, and shall only handcuff those inmates behind the back when there is a compelling security reason to do so. During disciplinary hearings, FDC will ensure that a D/HOH inmate whose effective means of communication is by sign language or writing, shall have sufficient freedom of movement for their hands. 32. Hearing Aids. When a D/HOH inmate is determined by FDC to need a hearing aid, it will be provided free of charge. When necessary as a reasonable accommodation, bilateral hearing aids will be provided. The FDC shall not confiscate the hearing aids of inmates who come to prison with them, but shall permit such inmates to retain and use them during their time in prison, unless there is a compelling security or medical reason; however, in the event that repair of such hearing aids is necessary, the FDC retains the option of providing the inmate with replacement hearing aids. FDC will provide training to inmates and staff on the processes to be used so that hearing aid batteries can be obtained free of charge. The FDC shall repair or replace hearing aids within a maximum of sixty (60) days of being advised of the need, unless due to the severity of the repair more time is necessary, in which event the repair shall be completed within a maximum of ninety (90) days.
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33 . Teletypewriters. Teletypewriters or a successor technology (TTYs) will be available in the dormitories for those D/HOH inmates who choose to use TTY in lieu of Videophones, or other devices and have the capability of using them. D/HOH inmates shall be permitted two times the normal time to use the TTY. The FDC shall ensure that staff is trained on how to operate the TTYs. Broken TTYs will be repaired or replaced within thirty (30) days. The TTY paper will be replaced when necessary. While the TTY is unavailable due to needed repairs, FDC will ensure that the inmate has access to another TTY. The FDC shall ensure that D/HOH inmates have access to the TIPS line using TTY. For legal calls, a TTY, for which a printout will not be maintained, will be available in another location on the compound which permits privacy.
34. Telephone Amplification and Hearing Aid Compatibility. FDC shall continue to provide standard telephones which offer volume amplification features , and that are compatible with hearing aids.
35. Captioned Telephone ("CapTel") . FDC shall provide captioned telephones ("CapTel") for inmates who (1) can speak but cannot hear on the telephone, (2) do not use sign language to communicate, and (3) are unable to use a TTY phone, as long as the CapTel phones can be used in accordance with FDC ' s security requirements.
36. Video Relay Services. Video enabled devices shall be available in kiosks in the dormitories which house D/HOH inmates in the facilities listed in Exhibit A to access the Video Relay Service ("VRS") free of charge. The FDC shall ensure that staff is trained on how to operate the video enabled devices in the kiosks. Video enabled devices available in kiosks in the dorm which are broken will be repaired or replaced, within thirty (30) days. While the video enabled device is unavailable due to needed repairs, FDC will ensure that the D/HOH inmate has
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access to another kiosk with another video enabled device in another dorm. The video enabled devices shall have the capability to access the TIPS line. The D/HOH inmates shall be permitted two times the normal time to use the video enabled device. Further, in all the facilities listed in Exhibit A, at least one video enabled device will be available in an area such that the call can be made confidentially for legal or court related calls.
37. Alert Systems. The FDC will install light boards and other visual alert systems in dormitories, which will be used to alert D/HOH inmates, whose condition prevents them from hearing announcements for events such as medical and legal call-outs, meal times, recreation times, counts, fire drills, and any other reason when an inmate needs to be alerted. In addition to the above, FDC will also explore other alternatives that may be used to alert D/HOH inmates to the events described above.
38. Vibrating Watches. FDC will utilize reasonable efforts to inform or remind the D/HOH inmate of necessary events or appointment "call outs." If notwithstanding that, the D/HOH inmate is unable to respond to necessary events or appointment "call outs" due to the inmate ' s hearing, a vibrating watch will be made available as an accommodation. In addition, all profoundly deaf inmates will receive a vibrating watch.
39. Open or Closed Captioning. FDC is not authorized by law to purchase televisions for the recreational use of inmates, so this creates practical impediments to ensuring that closed captioning exists for all television viewing; however, FDC will use reasonable efforts to locate television sets, which have closed captioning and place them in the dormitories where D/HOH inmates will be residing. If despite using reasonable efforts, FDC is unable to locate sufficient numbers of these televisions, this is not a violation of this Agreement. If a television set is equipped with a captioning chip, the captioning must be kept on at all times. All television sets
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purchased by the FDC for education and wellness shall have closed captioning ability. If, after this Agreement is executed, any programming is produced by FDC that is transmitted over the television or computer, or any videos or DVDs are purchased by FDC for inmates' use (to include all educational or training material), the programming will be produced with captioning and the videos or DVDs will have captioning.
40. FM Transmitters and Receivers. In housing units designated for D/HOH inmates, TVs shall have FM Transmitters, and the FM transmitter will be turned on at all times when the TV is on. Broken FM transmitters will be repaired or replaced within thirty (30) days. When a D/HOH inmate is determined by the FDC to require an FM Transmitter as a reasonable accommodation, receivers will be provided. FDC will provide the additional appropriate devices needed to receive the FM signal. VI. COMPLIANCE REQUIREMENTS FOR INMATES WITH VISION DISABILITIES
41. Housing. IVD inmates will be housed with reasonable access to the IIAs. Dormitories will contain one or more dedicated charging stations for electronic accommodation devices. When IVD inmates are housed in open bay dorms, they shall receive appropriate accommodation for access to the bathroom, which can include orientation to the dorm, a clear path to the bathroom, and, if practicable, a bed close to the bathroom. IVD inmates will not be housed on the second floor of dormitories, except for compelling reasons on a temporary basis, or in the event of an emergency.
42. White Canes. White canes will be offered as an available accommodation device for those IVD inmates who are totally or legally blind, or those who have low vision and have difficulty safely and independently moving on, and negotiating, steps, curbs, terrain, and facilities. The length of the white cane shall be based on an individual ' s height, and generally
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should stand at shoulder height, but the preference of the inmate will be considered. White canes must be available for replacement as soon as practicable, but no longer than two (2) weeks, and FDC shall provide an accommodation in the interim, as needed.
43. Talking Watches. FDC will utilize reasonable efforts to remind the IVD inmates of necessary events or appointment "call outs. " If, notwithstanding the reminders provided by FDC, and/or changes to the Call Out Lists as discussed below, the IVD inmate is unable to respond to necessary events or appointment "call outs" due to his vision, a talking watch will be made available as an accommodation. In addition, all totally blind inmates will receive a talking watch.
44. Key Locks. IVD inmates will be authorized to purchase a key lock to store their possessions in their lockers.
45. Magnifiers. Hand held magnifying glasses of various magnifications, which are made of plastic, shall be available in the library for use by IVD inmates. The library shall also contain a CCTV video magnifier for use by IVD inmates. IVD inmates who are legally blind or have low vision will be permitted to have plastic magnifying sheets in the dorms as an accommodation.
46. Recorders/Players. If an IVD inmate has made a request, and has demonstrated a need, to independently prepare correspondence, he will be provided with a recorder in or near the library to dictate correspondence despite whatever other aids or devices are available. The location will permit dictation confidentiality. If an IVD inmate has made a request, and has demonstrated a need, to independently listen to correspondence, he will be provided with a player in or near the library to listen to correspondence despite whatever other aids or devices are available. The location will permit confidentiality.
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47. General Library Services. To the extent reasonably possible, the general library shall offer large print books and other written resources; otherwise, the hand held magnifying glasses, or CCTV video magnifier, can be utilized to enlarge print material. If the general library contains a computer, the computer will have a font enlargement feature, and a screen magnifier. Also, impaired inmate assistants or library clerks will be available to read out loud.
48. Law Library Services. The law library shall offer the hand held magnifying glasses to enlarge print material, and impaired inmate assistants or library clerks will be available to read out loud. In addition, computers will have a font enlargement feature, and a screen magnifier. One law library computer shall be equipped with a text-to-speech software (JAWS), and training on the use of the text-to-speech software will be available. If an IVD inmate has an inability due to his vision to read legal documents from retained counsel or the court, and is unable to use any other aid or device for that purpose, the inmate will be able to use an impaired inmate assistant, a law clerk, or a library clerk to read material out loud in a location in or near the law library that will permit confidentiality.
49. Time to Work with Impaired Inmate Assistants, Library Clerks, and Law Clerks in or Near the Law Library. Inmates with vision disabilities shall be provided up to fifty percent (50%) additional time to work with IIAs, library clerks, or law clerks in or near the law library beyond that amount of time that is normally afforded to the non-vision disabled.
50. The Division of Blind Services' Talking Book Program. Access to The Division of Blind Services ' Talking Book Program (the "Program") will be an available accommodation device or aid for IVD inmates. Assistance will be provided to IVD inmates to register for the Program, select Program resources, and to send and receive Program resources. An IYO inmate ' s access to resources with regard to the number ofresources that can be taken
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out at one time, the use of the Talking Book players, etc. will be in accordance with the policies of the Program. The FDC will update its policies to reflect the policies of the Talking Book program. When DRF brings any issues with access by IVD inmates to Talking Books to FDC's attention during meetings or through liaisons, FDC will work with Talking Books to try to resolve those issues.
51. Call Out Lists. "Call Out" lists shall either be printed in at least 18-22 font, or, if necessary, the information contained on the Call Out list will be provided to the IVD inmates by alternative methods.
52. Medical Care. IVD inmates will receive the periodic vision examination that their condition requires. IVD inmates shall receive the treatment, medical procedures, or accommodations that are deemed to be medically necessary. IVD inmates who have been determined by FDC to have a sensitivity to light shall be issued dark tinted glasses or a hat.
53. Correspondence Courses from Hadley School for the Blind. Access to correspondence courses from Hadley School for the Blind ("Hadley") will be an available accommodation device or aid for IVD inmates. Assistance will be provided to IVD inmates to register for the Hadley courses, select Hadley courses, and to send and receive Hadley resources. An IVD inmate's access to Hadley resources will be in accordance with the policies of Hadley.
54. Access to Grievance, RMAR, and DR System. If an IVD inmate has an inability due to his vision to write written grievances, grievance appeals, requests using the Reasonable Modification or Accommodation forms, or responses to disciplinary actions, the inmate will have access to an impaired inmate assistant, law clerk, or a library clerk to prepare such written items. If that is not possible, the inmate will then have access to a FDC staff member for that purpose. An extension of time for filing informal grievances, formal
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grievances , grievance appeals to the Office of the Secretary, or direct grievances to the Office of the Secretary shall be granted when it is clearly demonstrated by the inmate to the satisfaction of FDC that it was not feasible to file the grievance within the relevant time periods and that the inmate made a good faith effort to file in a timely manner.
55. Impaired Inmate Assistants. The IVDs, who have been determined by FDC to need an IIA as a reasonable accommodation, shall have access to IIAs who have the ability to effectively communicate with the IVDs to the extent possible, and will possess sufficient literacy skills to read aloud, and to follow oral requests. The IIAs will be periodically evaluated for fulfillment of established job duties and performance criteria, and any information provided by the Covered Inmate will be considered. When an IIA is unavailable, the FDC will make another lIA available. When not in special housing, IIAs shall be housed in the same dorm as the covered. FDC will provide documentation to DRF that Impaired Inmate Assistants have completed the training.
56. FM Transmitters and Receivers. If an IVD inmate has a need for enhancement of television sound in order to appreciate the programming, and preferential seating in the day room is not available, a receiver shall be provided to the IVD inmate as an accommodation to be used along with the FM transmitter. When the TV is on, the FM transmitter shall be turned on. Ear buds shall be made available in order to utilize the receiver.
VII. PLAN OF COMPLIANCE FOR INMATES WITH MOBILITY DISABILITIES 57. Modifications to Prisons Where IMDs Will Be Housed. A. Selection of an Architect. Within thirty (30) days after the Effective Date, FDC will initiate procurement of the services of a licensed architect by following the procedures set forth in Florida Statute § 287.055. The selected architect must be Page 20

knowledgeable with ADA requirements and standards in prisons or jails, be licensed in Florida, and have experience assessing ADA accessibility in institutionalized settings. FDC will utilize the solicitation document that is attached as Exhibit C as the public announcement for these services. Both DRF and FDC may name one participant to the two-person selection committee that will consider which architect will be selected to perform the work required in this Agreement, consistent with state law procurement requirements. Both members of the selection committee will review each submitted proposal and evaluate them using the criteria set forth in Florida Statute § 287.055 and the applicant's experience assessing ADA accessibility in institutionalized settings, and preliminarily score them using the methodology currently used for competitive selection of professional architectural services, with the goal of selecting the most highly qualified firm. The three top-ranked firms will provide public presentations, after which final scoring will be done by the two-person selection committee. The scores from each member of the selection committee will be averaged and the firms will be ranked according to these scores. The person selected is referred to in this Agreement as the Architect.
The Parties intend for the Architect to be a neutral expert, and accordingly neither party will have contact with him/her about this case (other than for ministerial tasks such as arranging travel and payment) without the other party present or included in the communication. The Architect will be paid by FDC.
B. Facilities and Areas in Facilities That Mark Mazz Has Already Inspected. As to the facilities or areas within facilities listed in the attached Exhibit A which Mark Mazz has already inspected, and which FDC will use to house IMDs, FDC
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will make the modifications necessary to remedy the items listed on the attached Exhibit D, which is an implementation schedule for architectural modifications which the Parties have agreed will be made. The items highlighted in yellow on Exhibit D, which can be remedied over the short-term, will be modified no later than December 31 , 2017. The items highlighted in blue, which are long-term and structural, will be modified no later than June 30, 2020.
By April 30, 2018, the Architect will inspect and complete a written report describing whether the short-term items identified in Exhibit D have been remedied, and will provide that report to DRF and FDC upon completion. By December 31 , 2020, the Architect will inspect and complete a written report to determine whether the long-term items identified in Exhibit D have been remedied, and will provide that report to DRF and FDC upon completion. FDC shall remedy any items identified by the Architect in either report as not being remedied within one hundred twenty (120) days ofreceiving the report, but in no event, no later than April 1, 2021.
C. Facilities and Areas in Facilities That Mark Mazz Has Not Inspected. As to the facilities or areas within the facilities listed in the attached Exhibit A which Mr. Mazz has not inspected, and which FDC will also use to house IMDs, the Architect will conduct inspections in order to identify any items that do not meet ADA accessibility standards in areas where inmates have access. The Architect will inspect all areas where any prisoner is allowed to be, enter, or remain, whether or not prisoners actually enter or remain in that area. The inspections will be otherwise governed by the attached Exhibit E. The Parties may each send one representative, who is not an expert for either side, to accompany the Architect on the tour of the first facility , to ensure that the architect
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appropriately applies ADA standards to all areas where inmates have access and inspects all appropriate areas. The inspections shall be completed within two hundred ten (210) days of the Effective Date. A written report listing any items that need to be remedied shall be prepared and provided to both FDC and DRF upon completion. The reports shall also explain whether there were any areas the Architect was not able or not permitted to inspect. DRF will confer with FDC if it believes that any areas were improperly excluded from the inspection, and the Parties shall negotiate in good faith to attempt to reach an agreement about whether the Architect must re-visit a facility to inspect those excluded areas. Within sixty (60) days ofreceiving the report, FDC shall inform DRF of the items that it will agree to remedy. As to the remaining items, the Parties shall negotiate in good faith in an attempt to reach an agreement on the items that will be modified. The items identified by the Architect as short-term shall be completed within two hundred forty (240) days of receipt of the report. The items identified by the Architect as long-term and structural will be modified no later than June 30, 2020. FDC shall not be required to make any architectural modifications that would result in a fundamental alteration in the nature of a service, program, or activity or in either an undue financial or administrative burden (as defined in 28 C.F.R. § 35.150), or a compelling security concern. Within sixty (60) days from the designated time for completion of the short-term remedies, the Architect will conduct an inspection to determine whether the short-term items have been remedied, and shall provide a written report to both FDC and DRF within sixty (60) days of those inspections. Within sixty (60) days from the designated time for completion of the long-term remedies, the Architect will conduct an inspection to determine whether the long-term items have been
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remedied, and shall provide a written report to both FDC and DRF within sixty (60) days of those inspections. FDC shall remedy any remaining items in either report within one hundred twenty (120) days of receiving the report, but in no event later than April 1, 2021 . 58. Wheelchairs. An IMD, who has been determined to need a wheelchair as an accommodation, may keep the wheelchair he had when he entered prison, absent a documented compelling security, health or safety concern. If that occurs, FDC will provide an alternative reasonable accommodation. A wheelchair will be provided to any IMD if FDC determines it is necessary as a reasonable accommodation. FDC shall utilize an appropriate professional to determine the size and type of wheelchair. FDC shall conduct quarterly inspections of the wheelchairs to determine whether they need repair or maintenance. If repair or maintenance is needed, it shall be completed within sixty (60) days of when FDC becomes aware of the need for the repair or maintenance, unless due to the_severity of the repair more time is necessary, in which event the repair shall be completed within a maximum of ninety (90) days. In the interim, the IMD will be provided with a "loaner" chair. 59. Prosthetic Devices. An IMD, who has been determined to need a prosthetic device as an accommodation, may keep what he had when he entered prison, absent a documented compelling security, health or safety concern. A prosthetic device will be provided to any IMD if FDC determines it is necessary as a reasonable accommodation. FDC shall utilize and follow the recommendations of an appropriate
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professional to determine whether the device is operable, properly fitted, and to show the inmate how to use the device.
FDC shall conduct quarterly inspections of the prosthetic devices to determine whether they need repair or maintenance. If repair or maintenance is needed, it shall be completed within sixty (60) days of when FDC becomes aware of the need for the repair or maintenance, unless a determination is made that the prosthetic must be replaced or, due to the severity of the repair more time is necessary, in which event the repair or replacement shall be completed within a maximum of ninety (90) days. In the interim, the IMD will be provided with an alternative reasonable accommodation.
60. Other Accommodations. When an IMD is determined by FDC to require any of the following as a reasonable accommodation, these accommodations shall be provided: canes, walkers, rollators, trapeze bars, orthopedic shoes and socks, braces, wedges, appropriate mattresses, cushions, or wheelchair gloves, so long as there is no compelling security concern. If repair or replacement is needed, it shall be completed within sixty (60) days of when FDC becomes aware of the need for the repair or replacement. In the interim, the IMD will be provided with an alternative reasonable accommodation.
61 . Bathrooms and Showers. IMDs who have been determined to require special accommodations in the shower or bathroom, such as grab bars, elevated toilets, shower chairs and seats, shower wands, and privacy screens, shall receive those accommodations. If repair or replacement is needed, it shall be completed within sixty (60) days of when FDC becomes aware of the need for the repair or replacement. Until the item is fixed and if it is required so that the IMD may shower or use the bathroom, the IMD will be provided access to a working shower
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chair, grab bar, elevated toilet, shower wand, or privacy screen as needed in another dormitory as needed. FDC will permit the IMD to use a privacy screen in the ADA accessible shower.
62. Impaired Inmate Assistants (IIAs). If an IMD is determined by FDC to need an IIA as a reasonable accommodation, the IMD shall have access to IIAs who have the ability to push a wheelchair and effectively assist an IMD with walking, standing, transferring, and other daily life activities. The IIAs will be periodically evaluated for fulfillment of established job duties and performance criteria, and any information provided by the Covered Inmate will be considered. When an IIA is unavailable, the FDC will make another IIA available. When not in special housing, IIAs shall be housed in the same dorm as the Covered Inmate they are assisting.
VIII. IMPLEMENTATION OF THE PLAN OF COMPLIANCE
63 . Agreement to Implement the Plan of Compliance. Subject to the terms of this Agreement, the Parties agree that the Plan of Compliance resolves all issues which have been raised in the Complaint, and should be implemented.
64. No admission. FDC has entered into this Agreement in order to avoid the necessity of trial. Nothing in this Agreement should be construed as an admission ofliability by FDC, and the Agreement cannot be used as an admission by either Party in this or any other proceeding. Nothing in this Agreement or FDC ' s compliance with this Agreement shall be construed as an admission or concession by DRF that FDC is in compliance with the Americans with Disabilities Act, the Rehabilitation Act, or any other statutory or constitutional provision.
65. Agreement is the Product of Multiple Sessions. The Plan of Compliance, and this Settlement Agreement, are the product of multiple lengthy negotiation sessions and compromise by both DRF and FDC.
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66. Voluntary Dismissal. Ten (10) days after the Effective Date, the Parties will file a Stipulated Notice of Dismissal with Prejudice pursuant to Rule 4l(a)(l)(ii), Fed. R. Civ. P.
67. Meetings. Until July 1, 2018 , representatives of FDC and representatives of DRF will meet in person at least once every quarter- although the schedule may be adjusted with the .consent of both Parties- so that DRF can receive information from FDC on the implementation of the above-described Plan of Compliance, and DRF can share any feedback regarding the implementation. The first meeting will occur thirty (30) days after the Effective Date. Thereafter, until April 30, 2021 , representatives of FDC and representatives of DRF will meet in person on a quarterly basis, or more frequently as agreed to by the Parties. The meetings shall be held in Tallahassee, Florida at a location chosen by FDC, although the location and City may be adjusted with the consent of both Parties, or the meetings may be held by phone or videoconference with the consent of both Parties. At these meetings, the Parties will discuss the progress of implementation of the Plan of Compliance. It is envisioned that free , open and frank discussions of problems, limitations and successes will further the fulfillment of the Plan of Compliance. The discussions in these meetings shall not be used by either Party should additional or subsequent litigation be necessary. These meetings will also provide an opportunity for DRF to share any inmate specific issues (including providing inmate identifying detail) that may continue to exist notwithstanding FDC's efforts to implement the Plan of Compliance, in order to afford FDC an opportunity to investigate and address those issues. Four (4) weeks before the meeting- although DRF will endeavor to provide this notice as early as practicable- DRF will provide FDC with a report of any claimed problems or deficiencies, giving as much detail as possible regarding the matter, including the date, time, place, identification of any individuals involved, and a description of what occurred.
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68. Continued Protection and Advocacy Activities. The Parties agree that this Agreement in no way limits DRF's protection and advocacy activities, and DRF may continue these efforts during the implementation of the Plan of Compliance.
69. Party Liaisons and Presentation of Concerns. Within thirty (30) days after the Effective Date, FDC and DRF will each designate a representative to serve as a liaison for purposes of ensuring compliance with this Agreement. If the liaison becomes unable, temporarily or permanently, to perform his or her duties, the party for the affected liaison shall designate an alternate who shall perform the duties of the liaison, and shall inform the other party in writing. In addition to the regularly scheduled meetings described in paragraph 67 above, DRF may present, in writing, ideas or concerns to the FDC liaison, including inmate specific concerns (providing as much detail as practicable under the circumstances so that the concerns may be investigated, and, where appropriate, corrective action may be taken). If DRF believes it needs access to a FDC employee or agent, it will be through the FDC liaison, and any written communication will be copied to the designated counsel for FDC. The Parties may also designate an attorney who will be copied on all communications between the liaisons. At the regularly scheduled meetings, described in paragraph 67 above, the Parties shall discuss, among other things , the communications that occur between meetings, the results of any investigation of concerns raised, and any corrective action needed to abide by the Plan of Compliance. Communication at the regularly scheduled meetings and the contact with the liaison shall be the sole methods of exchanging information and matters of concern relating to compliance with this Agreement.
70. DRF's Access to Records. Starting one hundred twenty (120) days after the Effective Date, except for documentation described in paragraph 70.D below, and continuing
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every one hundred twenty (120) days thereafter until the termination of this Agreement (unless another time period is specified elsewhere in this Agreement), FDC will provide to ORF, at no cost to DRF and without a request from ORF, via email or some other electronic method, copies of the following records:
A. A report, in Excel format, listing every inmate who has been given an "impairment grade" for hearing, vision, or mobility, along with the code that has been assigned to that inmate. If FDC creates a new coding system that codes inmates as having a physical disability, FDC will also provide a report in Excel format that lists all such inmates.
B. A report, in Excel format , of all completed Reasonable Modification or Accommodation Request forms (currently FDC form DC2-530a and DC2-530b) containing the names and DC numbers of each inmate who submitted a request, a summary of the request, the institution the inmate was at when the request was submitted, the institution's recommendation regarding the request, the action taken on the request, and the date of the decision.
C. A report, in Excel format, of all disability-related grievance appeals , currently labeled as "code 24," containing the Grievance Appeal case numbers, inmate names and DC numbers, the institution the inmate was at when the Grievance Appeal was received, when it was responded to, when it was mailed, and the disposition.
D. Starting six (6) months after the Effective Date, documentation of sign language interpreter services, which provides the date, inmate name and DC number, and type of event, and whether the services were in-person or via a VRI service, when sign language interpreter services were provided to a D/HOH inmate.
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E. All documentation showing the confiscation of any accommodation, aid, or service as referenced in paragraph 20 (Confiscation of Approved Accommodations). Each production is an update to the prior production. In addition to these regular reports, DRF may request, in writing to the designated FDC liaison, the following additional records relating to hearing, vision, or mobility issues: medical, hospital, classification, and utilization management records; grievances (including appeals and responses); Reasonable Modification or Accommodation Requests ; inspector general reports; and applications for the talking book program ; of specific inmates DRF reasonably believes to be Covered Inmates. FDC will promptly acknowledge such requests and provide the requested records as soon as practicable after receiving a request. The attached Exhibit Fis the Business Associate Agreement which authorizes FDC to disclose these records to DRF to the extent that they contain protected health information. The Parties will comply with the attached Exhibit F. Nothing in this paragraph prohibits DRF from conducting public records requests or other investigations to obtain information that may be related to this Agreement. 71. Confidential Legal Visits and Telephone Calls with Inmates. DRF or its representatives may conduct confidential legal visits or telephone calls with inmates DRF reasonably believes are Covered Inmates to ascertain compliance with this Agreement, as one part of DRF ' s monitoring of this Agreement. DRF will attempt to set up such visits and calls through normal channels, but should DRF experience any difficulties, DRF will notify FDC ' s counsel, who will attempt to intervene and assist with setting up the visit or call. Within five (5) days after such a confidential legal visit or telephone call, DRF will notify FDC ' s counsel and the FDC liaison about the name of the inmate(s) with whom DRF or its representatives communicated, the date of the visit or call, the amount of time spent on the visit or telephone
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enforceable as a contract in state court; however, the Parties have agreed that the sole remedy should a breach of contract action be filed would be specific performance. Before any alleged violation of this Agreement is brought in state court, the Parties shall attempt to resolve the problem among themselves as follows:
Any time after eighteen (18) months following the Effective Date, if DRF believes that FDC has significantly breached this Agreement, the following Notice and Cure Procedures apply:
A. Notice of Significant Breach. DRF shall provide a written Notice of Significant Breach to counsel for FDC alleging that FDC has significantly breached this Agreement and containing sufficient detail for FDC to understand the nature and scope of the significant breach, to investigate it, and to take necessary corrective action.
B. Response to Notice of Significant Breach. FDC shall promptly investigate and take corrective action to remedy the significant breach, and shall provide a written response to DRF as soon as practicable but not to exceed sixty (60) days after receiving the Notice of Significant Breach. FDC's written response shall contain an outline of the steps FDC took to investigate the problem, the results of the investigation and a specific corrective action plan for addressing the stated problem. If FDC's response includes a corrective action plan, FDC will provide to DRF a written update on the status of the results of the corrective action plan every thirty (30) days until either party deems the problem to be resolved or DRF seeks to enforce this Agreement. If no corrective action is anticipated, or if FDC denies a significant breach, FDC's response shall include the reason and any statutes, regulations or other bases upon which FDC is relying.
Page 32

C. Reply Regarding Significant Breach. The purpose of the Notice and Response described in the two preceding paragraphs is to enable the Parties to work to avoid DRF taking further action to enforce this Agreement. To this end, DRF agrees to promptly advise FDC within fourteen (14) days ofreceipt of FDC ' s response whether DRF continues to assert that FDC has significantly breached this Agreement. Adherence to the notice and cure provisions described in paragraphs 73 .A to 73 .C shall be a condition precedent to further action to enforce this Agreement as described below. 74. DRF's Remedy for FDC's Alleged Significant Breach. If, after completing the Notice and Cure Procedures described in paragraphs 73.A to 73.C above, DRF, in its sole discretion, believes that FDC has still significantly breached this Agreement, DRF may file a breach of contract action in state court asserting a significant breach, in which event the sole remedy will be for specific performance. To the extent that DRF brings such a breach of contract seeking specific performance as the sole remedy, FDC will not assert sovereign immunity as a defense. FDC agrees to pay DRF ' s reasonable attorneys ' fees and expenses if a state court finds FDC significantly breached this Agreement. If FDC takes an appeal and loses the appeal , FDC also agrees to pay DRF ' s reasonable attorneys' fees and expenses for the appeal. If DRF has not filed a breach of contract action, this Agreement will terminate on July 6, 2021. If a breach of contract action is pending as of July 6, 2021 , the termination of the specific terms of the Agreement referenced in the breach of contract action shall be tolled . 75. Effect of DRF's Inaction or Action With Respect To A Suit To Enforce. Failure by the DRF to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the DRF's right to enforce other deadlines and provisions of this Agreement provided DRF complies with the
Page 33

Notice and Cure Provisions in paragraph 73 above. Moreover, if DRF seeks to enforce certain provisions in this Agreement by bringing a breach of contract action, and not seeking enforcement of other provisions at the same time, seeking enforcement of select provisions of this Agreement does not void the unchallenged terms of the Agreement and it remain in full force and effect throughout the entire term of this Agreement. Furthermore, DRF is not prohibited from bringing multiple breach of contract actions against the FDC should it be necessary.
X. OTHER PROVISIONS 76. Authentication of Documents. If DRF files a breach of contract action, the Parties agree that any documents or reports provided by either Party pursuant to this Agreement shall be deemed to be authenticated. 77. Attorney's Fees and Costs. Within thirty (30) days after the Effective Date, FDC shall pay to DRF the sum of two million U.S. dollars($ 2,000,000), in full payment of attorneys ' fees and costs accrued through the Effective Date, via check made payable to Disability Rights Florida, Inc. This payment shall be nonrefundable. DRF hereby releases and discharges FDC of and from any claims or causes of action arising out of payment of attorneys' fees and costs accrued through the Effective Date. 78. Modification of the Manner in Which FDC Provides Accommodations to Covered Inmates. FDC specifically reserves the right to change, alter, amend, or rescind the manner in which it treats Covered Inmates, to the extent that such.amendments, alterations, or changes are required by federal law in order to retain or obtain federal funding or to avoid federal sanctions. If DRF believes FDC has violated any constitutional, statutory, regulatory, or other legal provision in a manner that is not covered by this Agreement, DRF specifically
Page 34

reserves the right to bring a separate action against the official capacity agency head of FDC for such alleged violation and FDC agrees to not raise the defense of collateral estoppel or res judicata in an action for prospective declaratory and injunctive relief.
79. Modification of Agreement. Should the Parties in the future jointly determine to modify any provision of this Agreement, any modifications must be reduced to writing and signed by both Parties. No modification shall take effect unless it is reduced to writing and signed by both Parties. These actions must receive the prior written approval of both Parties, which approval shall not be unreasonably withheld or delayed.
80. Force Majeure Clause. Should a war, riot, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strike, lockout, pandemic, or prolonged shortage of energy supplies substantially impede FDC in its compliance with any of the terms of this Agreement, or substantially impede FDC' s timely compliance with any of the terms of this Agreement, the Parties agree that the failure to comply or comply timely shall be excused and shall not be considered a failure to meet the terms of the General Plan of Compliance. Should any of the events in this paragraph occur and substantially impede compliance, FDC shall make reasonable efforts to restore or alternatively achieve compliance as soon as it is possible to do so.
81. Agreement Binding on Successors. It is the intent of the Parties that this Agreement shall be binding upon the Parties, and their successors, assigns, employees, contractors and agents.
82. Agreement Constitutes Entire Agreement. This Agreement, including any attachments , constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes any and all other prior agreements and all negotiations leading up to the execution of this Agreement, whether oral or written, regarding the subject covered in this Agreement. The
Page 35

Parties acknowledge that no representations, inducements, promises, or statements related to this settlement or the subjects covered in this Agreement, oral or written, have been made by any of the Parties or by anyone acting on behalf of the Parties which are not embodied or incorporated by reference in this Agreement, and further agree that no other agreement, covenant, representation, inducement, promise, or statement relating to this settlement or the subjects covered in this Agreement not set forth in writing in this Agreement have been made by any Party .
83. Effective Date of Agreement. This Agreement shall become effective on the last date on which it is executed (the "Effective Date"). It may be executed by the Parties in multiple counterparts and shall constitute one final Agreement which shall be binding upon each party hereto, notwithstanding the fact that all of the signatures required to effectuate this Agreement do not appear on the same page. An electronic signature shall have the same force and effect as an original signature.
84. Agreement Subject to Legislative Appropriations. The Parties recognize that the Plan of Compliance includes plans for activities extending beyond the current fiscal year, and fi scal year 2017-2018. The Parties recognize that the continued implementation of the Plan of Compliance past July 1, 2018 is dependent upon legislative appropriation. FDC will exercise reasonable efforts to secure the legislative appropriations necessary to meet the terms of the Plan of Compliance. The inability to perform any act required under the Plan of Compliance due to non-appropriation of funds , so long as those funds are necessary to implement or support the Plan of Compliance, shall not be deemed to be a significant breach by FDC so long as FDC exercises reasonable efforts to secure the appropriations at issue . If FDC does not receive appropriations in subsequent years, DRF may file a separate lawsuit with respect to those issues
Page 36

which it contends amount to systemic violations of federal law and the official capacity agency

head of FDC will not raise the defense of collateral estoppel or res j udicata in an action for

prospective declaratory and injunctive relief

85. Release. Contingent on FDC meeting its obligations under the General Plan of

Compliance, DRF hereby releases and discharges FDC, including its successors and assigns, of

and from any claims or causes of action arising out of the matters described in the Complaint

(DE-1).

86. Compliance with Section 45.062. Each of the signatories to this Settlement

Agreement on behalf of FDC represents that they will take all necessary steps to comply with the

requirements of Florida Statute § 45.062 (2000).

IN WITNESS WHEREOF, the Parties to this Settlement Agreement have executed the

_J_ same as of the

day of _

_,~ lc-H''=-=~ ..-'----' 2017.

FLORIDA DEPARTMENT OF CORRECTIONS
By 1U~i0ne~ s
Secretary Defendant
By:
Albert J. Bowden Special Counsel Florida Bar No.: 0802190 Office of the Attorney General PL-01 , The Capitol Tallahassee, Florida 323 99-1050 (850) 414-3300 (850)488-4872 (Fax) al .bowden@myfloridalegal.com Page 37

Attorney for De~endant
Randall C. Berg, Jr., Esq. Fla. Bar No. 318371 RBerg@FloridaJusticelnstitute.org Dante P. Trevisani, Esq. Fla. Bar No. 72912 DTi·evi ·ani a Florida.lustice!nstilule"p r · Erica A. Selig, Esq. Fla. Bar No. 0120581 BSeli @ Florida.Justicelnstilute. org
FLORIDA JUSTICE INSTITUTE, INC. 3750 Miami Tower 100 S.E. Second Street Miami, Florida 33131-2309 305.358.2081 305.358.0910 (Fax)
Molly Paris, Esq. Fla. Bar. No. 90486 Mollyp@disab ilityrightsflorida. org David Boyer, Esq: Fla. Bar No. 90917
orida.org
DISABILITY RIGHTS FLORIDA, INC. 1930 Harrison St., Ste. 104 Hollywood, Ji'L 33020-7850 850.488.9071 850.488.8640 (Fax)
Sharon Caserta, Esq. Fla. Bar No. 0023117 Page 38

scaserta@forthepeople .com MORGAN AND MORGAN , P.A. Deaf/Disability Rights Unit 76 South Laura Street, Suite 1100 Jacksonville, Florida 32202 904 .361.0078 904.245.1121 (Videophone) 904.361.4305 (Fax) Attorneys for the Plaintiff
Page 39

INSTITUTION
REGION 1 Wakulla CI Wakulla CI-Annex Santa Rosa CI Santa Rosa-Annex
Santa Rosa WC NWFRC
NWFRC-Annex
Gadsden Re-Entry

EXHIBIT A
MISSION
Faith and Character Faith and Character Faith and Character Infirmary
General Population General Population General Population General Population
General Population CM CM Infirmary
General Population General Population General Population General Population CSU/TCU
General Population
General Population General Population General Population General Population General Population Confinement Infirmary
Confinement General Population General Population General Population Drug Treatment General Population Infirmary

DORM

DORM TYPE

A

OB

B

OB

C

OB

I

RM/SC

K

OB

L

OB

M

OB

N

SC

A

OB

F

SC

G

SC

I

RM/SC

M

OB

N

OB

O

OB

P

OB

Q

SC

T

OB

A

OB

B

OB

C

OB

D

OB

E

OB

G

SC

I

RM/SC

J

SC

M

OB

N

OB

O

OB

P

OB

Q

OB

V

RM/SC

1

INSTITUTION
REGION 2 RMC Main Unit
Union CI Union WC Suwannee CI
Suwannee-Annex
Suwannee WC Columbia CI

EXHIBIT A
MISSION
General Population General Population
General Population General Population General Population General Population Hospital, CSU/TCU Dialysis, IMR
Death Row Residential Treatment TCU TCU
General Population
YO/Confinement General Population General Population General Population CM CM CM CSU/TCU/MHTF Infirmary
Infirmary General Population General Population General Population General Population General Population General Population Confinement
General Population
General Population Confinement

DORM
B C

DORM TYPE
OB OB

C

OB

D

OB

E

OB

F

OB

H

RM/SC

J

OB/SC

P

SC

S

SC

U

SC

V

SC

A

OB

A

SC

B

OB

C

OB

D

OB

E

SC

F

SC

G

SC

H

SC

I

RM

H

RM

I

OB

J

OB

K

OB

L

OB

M

OB

N

OB

P

SC

A

OB

A

OB

H

SC

2

INSTITUTION
Columbia-Annex
Baker Re-Entry REGION 3 Sumter CI FWRC
CFRC South Unit Lowell CI Lowell Annex

EXHIBIT A

Infirmary PM

MISSION

Confinement General Population General Population General Population General Population General Population General Population Transition/F&C

General Population

YO Confinement Infirmary
GP/CSU/TCU/Confinem. General Population General Population General Population General Population General Population General Population Infirmary/MHTF
Intensive Medical Palliative Care
Intensive Medical Infirmary
Infirmary Elderly/General Pop. General Population General Population Drug Treatment Faith &Charac./GP GP/Confinement

DORM
M Y

DORM TYPE
RM/SC SC

N

SC

O

OB

P

OB

Q

OB

R

OB

S

SC

T

SC

U

SC

C

OB

F

OB

G

SC

U

RM/SC

A

SC

C

OB

D

OB

E

OB

F

OB

G

OB

H

OB

I

RM/SC

A

RM

B

SC

I

RM

W

RM/SC

I

RM/SC

N

OB

O

OB

P

OB

Q

OB

R

OB

S

SC

3

INSTITUTION
Zephyrhills CI
Pinellas CRC REGION 4 SFRC
Dade CI
Everglades Re-Entry Everglades CI

EXHIBIT A
MISSION
Confinement/CM
Intensive Medical/Elderly General Population Elderly/General Pop. GP/Confinement Intensive Medical TCU/CSU TCU/CSU
General Population
General Population
General Population Palliative Care General Population General Population Infirmary
General Population General Population General Population General Population General Population GP/Confinement Infirmary CSU/TCU
General Population
Infirmary

DORM
T

DORM TYPE
SC

A

OB

B

OB

D

SC

E

SC

J

OB

K

RM/SC

L

RM/SC

C

OB

A

RM

C

OB

F

OB

H

SC

J

SC

M

RM

A

OB

B

OB

C

OB

D

OB

E

OB

F

SC

I

RM

J

RM/SC

A

OB

I

RM

4

EXHIBIT B FDC’S IMPLEMENTATION SCHEDULE

[Note: Activities are briefly described. See the page and line of the settlement agreement for a full, detailed description of the activity.]

Description of Activity

60 90 120 180 Other days days days days projected dates

GENERAL PLAN OF COMPLIANCE

Relocation of inmates with vision, hearing, and mobility disabilities to the facilities listed in Exhibit A will begin.

July 1, 2017

Page 3, Par. 7

Relocation of inmates with vision, hearing, and mobility disabilities to the facilities listed in Exhibit A will be completed.
Page 3, Par. 7

June 30, 2018, except for inmates in confinement

Paving of recreational tracks will begin. Page 4, Par. 9

Begin September 2017 (subject to DEP permitting)

Paving of recreational tracks will be completed.
Page 4, Par. 9

December 2018 (subject to DEP permitting)

Internal review of Rules, Policies and

X

Procedures, for compliance with the

Settlement Agreement, will begin.

Page 4, Par. 11

1

Internal review of HSBs, for compliance with X the Settlement Agreement, will begin.

Page 4, Par. 11

Share draft revisions of Rules, Policies and

X

Procedures with DRF.

Page 4, Par. 11

Share draft revisions to HSBs with DRF

X

Page 4, Par. 11

Initiate rule making for any revised Rules, Policies, and Procedures that require rule making.

Page 4, Par. 11

Adopt any revised Rules, Policies, and Procedures that do not require rule making.
Page 4, Par. 11

Revise any HSBs. Page 4, Par. 11

At reception, begin attempts to identify those inmates who have hearing, vision or mobility disabilities, the extent of the disability, and whether accommodations are needed. Page 5, Par. 12
At reception, begin evaluation of hearing disabled inmates’ communication skills, reading level, and, if necessary, sign language proficiency. Page 5, Par. 12
2

Within 45 days after receiving DRF’s feedback on draft revisions.
Within 45 days after receiving DRF’s feedback on draft revisions.
Within 60 days after receiving DRF’s feedback on draft revisions.
Within 90 days of completion of the pertinent revised Rules, Policies, and Procedures.
Within 90 days of completion of the pertinent revised Rules, Policies, and Procedures.

At permanent prisons, begin periodic reassessments of Covered Inmates.
Page 5, Par. 13

Provide in accessible format for inmates with vision or hearing disabilities all material that is distributed or made available to inmates (such as paper forms, signs, handbooks, orientation material, instructional videos, and grievances).
Page 6, Par. 15

Begin documentation that an inmate who

X

requests an accommodation is not a Covered

Inmate.

Page 6, Par. 16

Begin documentation of the reasons for the X denial to a Covered Inmate of an accommodation, aid, or service.

Page 6, Par. 17

Begin issuing passes to Covered Inmates for accommodations, aids, and services that have been provided.

Page 7, Par. 18

Do not assess a medical co-pay for a Covered Inmate’s medical visit to assess the need for an accommodation, aid, or service.

Page 7, Par. 19

Do not charge a Covered Inmate for

X

accommodations, aids, or services, including

batteries.

Page 7, Par. 19

3

Within 180 days of the completion of the pertinent revised Rules, Policies, and Procedures. Within 90 days after the completion of the pertinent revised Rules, Policies, and Procedures.
Within 60 days after the revision of the pertinent HSBs.
Within 30 days after the revision of the pertinent HSBs.

Begin the process of conferral by institution warden with an ADA coordinator and the institution’s chief health officer before a Covered Inmate’s accommodation, aid, or device can be confiscated.
Page 7, Par. 20 Begin the process of documentation by an ADA coordinator for any denial of a Covered Inmate of a work position, or vocational or educational opportunity for which that inmate met the skill, experience, etc. Page 8, Par. 22
Provide drafts of staff training modules to DRF for feedback. Page 8-9, Par. 26 Provide drafts of any videos or online staff training material to DRF for feedback. Page 8-9, Par. 26
Begin annual training of all existing FDC staff who interact with Covered Inmates. Page 8-9, Par. 26
Begin training of all new FDC staff regarding Covered Inmates. Page 8-10, Par. 26
At reception, begin additional orientation and skills training for Covered Inmates. Page 10, Par. 27
4

X
Within 90 days after the completion of the pertinent revised Rules, Policies, and Procedures. No later than March 1, 2018.
No later than May 1, 2018.
No later than July 1, 2018.
No later than July 1, 2018.
Within 90 days of the implementation of the pertinent revised Rules, Policies, and Procedures.

At permanent prisons, begin skills training and any additional ADA training for Covered Inmates that is necessary. Page 10, Par. 27
Begin facilitation of skills training for inmates with vision disabilities through the Hadley Institute. Page 10, Par. 27 Begin Impaired Inmate Assistant training. Page 10-11, Par. 28 HEARING COMPLIANCE REQUIREMENTS Make available on-site interpreters when required to any D/HOH inmate whose effective means of communication is sign language or speech-reading/lip-reading. Page 12, Par. 30 Make available VRI interpreters to any D/HOH inmate whose effective means of communication is sign language or speechreading/lip-reading. Page 12, Par. 30 Handcuff in the front D/HOH inmates whose effective means of communication is by sign language or writing. Page 13, Par. 31
Allow D/HOH inmates whose effective means of communication is by sign language or writing to move their hands during disciplinary hearings. Page 13, Par. 31
5

Within 90 days of the implementation of the pertinent revised Rules, Policies, and Procedures. X
X
December 31, 2018
March 1, 2018
Within 90 days of revision of rules, policies and procedures. X

Provide hearing aids free of charge.

X

Page 13, Par. 32

Provide bilateral hearing aids.

Page 13, Par. 32

Do not confiscate hearing aids of inmates who X came into prison with them.

Page 13, Par. 32

Provide training to inmates and staff regarding X the process for free hearing aid batteries.

Page 13, Par. 32

Repair or replace hearing aids within 60 days,

X

or 90 days if necessary.

Page 13, Par. 32

Make TTYs available in dorms.

X

Page 14, Par. 33

Provide D/HOH inmates with two times the X normal time to use the TTY.

Page 14, Par. 33

Provide training to staff on the operation of

X

TTYs.

Page 14, Par. 33

Repair or replace broken TTYs within 30 days.

X

Page 14, Par. 33

Replace TTY paper when necessary.

X

Page 14, Par. 33

Make a TTY available in a location other than X the dorms when the dorm TTY is being repaired.

Page 14, Par. 33

6

July 1, 2018

Make a TTY available for inmates to access the X TIPS line.

Page 14, Par. 33

Make a TTY available for inmate legal calls in a

X

location other than the dorms.

Page 14, Par. 33

Provide CapTels in the dorms, if possible.

Page 14, Par. 35

Provide Video Relay Service in the dorms.

Page 14, Par. 36

Provide training to staff regarding Video Relay Service operation.

Page 14, Par. 36

Repair or replace broken Video Relay Service devices within 30 days.

Page 14, Par. 36

Make a Video Relay Service device available in another dorm when the dorm Video Relay Service device is being repaired.

Page 14-15, Par. 36

Make a Video Relay Service device available for inmates to access the TIPS line.

Page 14-15, Par. 36

Make a Video Relay Service device available for inmate confidential legal calls.

Page 14-15, Par. 36

Install light boards and other visual alert systems.

Page 15, Par. 37

7

July 1, 2018 March 1, 2018 March 1, 2018
March 1, 2018
March 1, 2018
March 1, 2018
March 1, 2018
March 31, 2019, subject to funding

Make vibrating watches available, or provide them.
Page 15, Par. 38

Make efforts to locate closed-captioning T.V.s, and place them in dorms with D/HOH inmates.

Page 15, Par. 39

Keep on at all times a T.V. that has a

X

captioning chip when T.V.s are being used in

dorms.

Page 15, Par. 39

Purchase for education and wellness only T.V.s X with closed-captioning.

Page 15-16, Par. 39

Include captioning in any programming

X

produced by FDC that is transmitted over the

television or computer, or any videos or DVDs

purchased for inmates’ use.

Page 15-16, Par. 39

Provide T.V.s with FM transmitters that are turned on when T.V.s are used in dorms with D/HOH inmates.

Page 16, Par. 40

Repair or replace broken FM transmitters within 30 days.
Page 16, Par. 40
Provide receivers for those inmates using an FM transmitter. Page 16, Par. 40

VISION COMPLIANCE REQUIREMENTS

8

Within 90 days after the revision of the pertinent HSBs. June 30, 2018
June 30, 2018 June 30, 2018 June 30, 2018

House IVDs with access to IIAs.

Page 16, Par. 41

Provide charging stations in dorms with IVDs.

Page 16, Par. 41

Provide IVDs housed in open bay dorms accommodation for access to the bathroom.

Page 16, Par. 41

House IVDs on the first floor of dorms.

X

Page 16, Par. 41

Make available White Canes.

Page 16, Par. 42

Replace White Canes within 2 weeks. Page 16-17, Par. 42

June 30, 2018 June 30, 2018 X
Within 30 days after the HSB is revised. X

Use efforts to remind IVDs of necessary events

X

or appointment call outs.

Page 17, Par. 43

Make available talking watches. Page 17, Par. 43

Authorize and make available key locks.

X

Page 17, Par. 44

Make available in the general library and law library plastic hand held magnifying glasses.
Page 17, Par. 45

Within 90 days of the implementation of the revised pertinent Rules, Polices, and Procedures.
X

9

Make available in the dorms plastic magnifying

X

sheets.

Page 17, Par. 45

Make available in the general library a CCTV video magnifier.

Page 17, Par. 45

Make available in or near the general library a recorder for IVD confidential dictation.

Page 17, Par. 46

Make available in or near the general library a player for IVD confidential listening.
Page 17, Par. 46

Make efforts to offer large print books and other written resources in the general library.
Page 18, Par. 47

Provide a font enlargement feature, and a screen magnifier on any computer located in the general library and the law library.
Page 18, Par. 47, 48

Make available IIAs or clerks in the general

X

library to read out loud.

Page 18, Par. 47

Provide one law library computer with text-tospeech software (JAWS).

Page 18, Par. 48

Begin to provide training on the use of the text-to-speech software (JAWS).

Page 18, Par. 48

10

June 30, 2018 June 30, 2018 June 30, 2018 June 30, 2018 June 30, 2018
June 30, 2018 August 1, 2018

Make available IIAs, law clerks, or clerks to read out loud with confidentiality legal documents from retained counsel or the court in or near the law library.

Page 18, Par. 48

Provide IVDs up to 50% additional time to

X

work with IIAs, law clerks or library clerks in or

near the law library.

Page 18, Par. 49

Provide access to the Division of Blind

X

Services’ Talking Book Program

Page 18, Par. 50

Provide assistance with using the Division of X Blind Services’ Talking Book Program.

Page 18, Par. 50

Update FDC policies to reflect the policies of X the Division of Blind Services’ Talking Book Program.

Page 18-19, Par. 50

Print the Call Out List in 18-22-point font, or, if

X

necessary, provide the information by

alternative methods.

Page 19, Par. 51

Provide the IVDs with the periodic vision examination that their condition requires.

Page 19, Par. 52

11

June 30, 2018
Within 90 days after the completion of the pertinent revised Rule, Policies, and Procedures.
Within 45 days after receiving DRF’s feedback on draft revisions.
Within 120 days after the completion of the pertinent revised Rules, Policies, and Procedures.

Provide the IVDs with the treatment, medical procedures, or accommodations that are deemed to be medically necessary. Page 19, Par. 52
Provide access to dark tinted glasses or hats. Page 19, Par. 52

Provide access to correspondence courses

X

from Hadley School for the Blind (“Hadley”) in

accordance with Hadley’s policies.

Page 19, Par. 53

Provide assistance for correspondence courses X from Hadley.

Page 19, Par. 53

Make available IIAs, law clerks, clerks, or, if

X

necessary, a staff member, to prepare write

written grievances, grievance appeals,

requests using the Reasonable Modification or

Accommodation forms, or responses to

disciplinary actions.

Page 19, Par. 54

Begin periodic evaluation of IIAs for fulfillment of established job duties and performance criteria.

Page 20, Par. 55

Provide access to FM receivers for use with T.V.s that have transmitters.
Page 20, Par. 56

12

September 2018, subject to any bid protest that may be filed for ITN 1511. Within 60 days of the implementation of the revised pertinent Rules, Policies, and Procedures.
Within 180 days after the completion of the impaired inmate training. June 30, 2018

Provide T.V.s with FM transmitters that are turned on when T.V.s are used in dorms with IVDs. Page 20, Par. 56
Provide ear buds for use with FM receivers. Page 20, Par. 56
MOBILITY COMPLIANCE REQUIREMENTS – ACCESSIBILITY ITEMS
Initiate procurement of the services of an Architect to (1) inspect the facilities that Mark Mazz inspected to determine whether FDC remedied the short-term and long-term items listed on Exhibit C, and (2) inspect the facilities listed in the attached Exhibit A that Mark Mazz did not inspect, to identify any items that do not meet ADA accessibility standards. Pages 20-22, Par. 57A and Par. 57C
Name a participant to a two-person selection committee that will consider which Architect to select. Pages 20-22, Par. 57A and Par. 57C
Receive from DRF the name of a participant to a two-person selection committee that will consider which Architect to select. Page 20-21, Par. 57A
Review with the DRF participant the Architect proposals, evaluate them, and score them. Page 20-21, Par. 57A
13

June 30, 2018
June 30, 2018
Within 30 days after the Settlement Agreement’s effective date.
During the solicitation period.
During the solicitation period.
After the bids from the licensed architect candidates.

Attend with the DRF participant the public presentations by the three top-ranked Architect candidates. Page 20-21, Par. 57A
Score the Architect candidates that results in a selection of an Architect. Page 20-21, Par. 57A
Make modifications to the facilities that Mark Mazz inspected to remedy the short-term items listed on Exhibit D, which are highlighted in yellow. Page 21-22, Par. 57B
Receive a report from the Architect that describes whether FDC has remedied the short-term items listed on Exhibit D. Page 20-22, Par. 57B
Make any modifications necessary to the facilities that Mark Mazz inspected to remedy the long-term items listed on Exhibit D, which are highlighted in blue. Page 20-22, Par. 57B
Receive a report from the Architect that describes whether FDC has remedied the longterms items listed on Exhibit D. Page 21-22, Par. 57B
14

After the bids from the licensed architect candidates. After the public presentations by the candidates for selection as the Architect. By December 31, 2017
By April 30, 2018
June 30, 2020
December 31, 2020

Make modifications necessary to the facilities that Mark Mazz inspected to remedy any short-term items that the Architect described as not having been remedied. Page 21-22, Par. 57B
Make modifications to the facilities that Mark Mazz inspected to remedy any long-term items that the Architect described as not having been remedied. Page 21-22, Par. 57B
Completion of the inspections by the Architect for the facilities or areas in facilities that are listed in the attached Exhibit A that Mark Mazz did not inspect, to identify any items that do not meet ADA accessibility standards. Page 22-23, Par. 57C Receive a report from the Architect for the inspection of the facilities or areas in facilities that are listed in Exhibit A that identifies any items that do not meet ADA accessibility standards. Page 22-23, Par. 57C Inform DRF as to which items identified in the Architect in the report as not meeting ADA accessibility standards will be remedied by FDC. Page 23, Par. 57C
15

Within 120 days of receiving the architect’s report on the short-term items, but no later than April 1, 2021.
Within 120 days of receiving the architect’s report on the short-term items, but no later than April 1, 2021.
Within 210 days after the Settlement Agreement’s effective date.
After the architect’s inspection.
Within 60 days of receiving the architect’s inspection report for the facilities listed in Exhibit A.

Make modifications to the facilities listed in Exhibit A to remedy the short-term items that the Architect identified as not meeting ADA accessibility standards. Page 23, Par. 57C
The Architect conducts an inspection of the facilities listed in Exhibit A to determine whether FDC has remedied the short-term items that have been identified as not meeting ADA accessibility standards. Page 23, Par. 57C
Receive a report from the Architect that describes whether FDC has remedied the short-term items listed on Exhibit C. Page 23, Par. 57C
Make modifications to the facilities listed in Exhibit A to remedy the long-term items that the Architect identified as not meeting ADA accessibility standards. Page 23, Par. 57C
The Architect conducts an inspection of the facilities listed in Exhibit A to determine whether FDC has remedied the long-term items that have been identified as not meeting ADA accessibility standards. Page 23, Par. 57C
16

Within 240 days of receiving the architect’s inspection report for the facilities listed in Exhibit A.
Within 60 days of the deadline for FDC’s modifications of the shortterm items in the facilities listed in Exhibit A.
Within 60 days of the licensed architect’s inspection of the facilities listed in Exhibit A.
By June 30, 2020
Within 60 days after June 30, 2020.

Receive a report from the Architect that describes whether FDC has remedied the longterm items listed on Exhibit C.
Page 23-24, Par. 57C

Make modifications to the facilities or areas in facilities that Mark Mazz did not inspect to remedy any short-term or long-term items that the Architect described as not having been remedied.
Page 24, Par. 57C
MOBILITY COMPLIANCE REQUIREMENTS – OTHER ITEMS
Do not confiscate wheelchairs of inmates who came into prison with them, absent any compelling security concerns.
Page 24, Par.58
Use a professional to determine the size and type of wheelchair.
Page 24, Par.58
Begin quarterly inspections of wheelchairs for needed repair or maintenance.
Page 24, Par.58
Repair or provide maintenance to wheelchairs within 60 days, or 90 days if necessary, and provide loaner chairs in the interim.
Page 24, Par.58

X X
X X

Provide prosthetic devices.

X

Page 24, Par.59

17

Within 60 days of the licensed architect’s inspection of the facilities listed in Exhibit A.
By April 1, 2021

Use a professional to determine the

X

operability and fitting, and demonstrate the

use, of prosthetic devices.

Page 24-25, Par.59

Begin quarterly inspections of prosthetic devices for needed repair or maintenance.

Page 25, Par.59

Repair or provide maintenance to prosthetic devices within 60 days, or 90 days if necessary, and provide an alternative in the interim.

Page 25, Par. 59

Provide other mobility accommodation devices.

Page 25, Par.60

Repair or provide maintenance to other mobility accommodations within 60 days, and provide an alternative in the interim.

Page 25, Par.60

Provide shower or bathroom

X

accommodations.

Page 25, Par.61

Repair or provide maintenance to shower or X bathroom accommodations within 60 days, and provide same in another dormitory in the interim.

Page 25, Par.61

Provide a privacy screen in the ADA accessible shower.

Page 25-26, Par.61

18

Within 90 days of completion of the revised pertinent Rules, Policies, and Procedures. X
X X
X

Make available IIAs for a variety of assistance

X

activities.

Page 26, Par. 62

Begin periodic evaluation of IIAs for fulfillment of established job duties and performance criteria.
Page 26, Par. 62

Make substitute IIAs available when any

X

assigned IIA is unavailable.

Page 26, Par. 62

House IMDs with IIAs.

X

Page 26, Par. 62

IMPLEMENTATION OF THE PLAN OF COMPLIANCE
Initial meeting between representatives of FDC and DRF to provide information and receive feedback.
Page 27, Par. 67

Meetings at least every twelve (12) weeks between representatives of FDC and DRF to provide information and receive feedback.
Page 27, Par. 67
Receive from DRF a report of any claimed problems or deficiencies.
Page 27, Par. 67

19

Within 180 days after completion of the impaired inmate training.
Within 30 days after the Settlement Agreement’s effective date. From July 1, 2018 to April 30, 2021
Four (4) weeks before every meeting between representative of FDC and DRF.

Designate a representative for FDC to serve as a liaison to exchange information and concerns with DRF. Page 28, Par. 69 Receive from DRF a designation of a representative to serve as a liaison to exchange information and concerns with FDC. Page 28, Par. 69 Begin to provide copies of specified records to DRF. Page 28-29, Par. 70
Provide documentation of sign language interpreter services. Page 29, Par. 70D
Provide copies of specified records to DRF. Page 28-30, Par. 70
Acknowledge DRF’s request for additional records. Page 30, Par. 70
20

Within 30 days of the effective date of the Settlement Agreement.
Within 30 days of the effective date of the Settlement Agreement.
Beginning 120 days after the effective date of the Settlement Agreement.
Beginning six (6) months after the effective date of the Settlement Agreement.
After the initial production of records to FDR, every 120 days until the termination of the Settlement Agreement.
Promptly.

Respond to DRF’s request for additional records. Page 30, Par. 70 Receive from DRF information pertaining to any confidential legal visit or telephone call with Covered Inmates. Page 30, Par. 71 Permit DRF to conduct compliance visits at facilities listed in Exhibit A. Page 31, Par. 72
VIOLATION OF THE SETTLEMENT AGREEMENT Receive from DRF notice of any significant breach of the Settlement Agreement. Page 32, Par. 73A
Investigate and remedy any significant breach Page 32, Par. 73B Provide a written response to DRF. Page 32, Par. 73B
21

As soon as practicable.
Within 5 days after the visit or call.
Beginning one (1) year after the effective date of the Settlement Agreement, until the termination of the Settlement Agreement.
Beginning eighteen (18) months after the Settlement Agreement.
Promptly.
As soon as practicable after receiving the notice, but not more than 60 days.

Provide a written update to DRF on the status of the results of any corrective action plan if FDC’s response included a correction action plan. Page 32, Par. 73B
Receive from DRF a response regarding whether DRF continues to assert a significant breach. Page 33, Par. 73C

Every thirty (30) days until either FDC or DRF deems the problem resolved, or until DRF seeks to enforce the Agreement.
Promptly after DRF receives FDC’s response, but no later than 14 days.

22

EXHIBIT C
NOTICE TO PROFESSIONAL CONSULTANTS STATE OF FLORIDA
DEPARTMENT OF CORRECTIONS
PUBLIC ANNOUNCEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES
The State of Florida, Department of Corrections, Bureau of Procurement, announces that Professional Services are required from architectural firms for the project(s) listed below. Applications from qualified firms are to be sent to the attention of Julyn Hussey, Bureau of Procurement, Florida Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, (850) 717-3699. The selected firm may be required to perform its services on an accelerated schedule.
INSTRUCTIONS
Any firm desiring to provide professional services for this project shall apply for consideration with a letter of application, indicating within the body of the letter, your firm’s specific abilities respective to the particular project’s requirements, office location(s) from which the firm will be doing the work and attach current copies of the following:
1. A copy of the Department of Corrections’ current “Professional Qualifications Supplement” (PQS) (dated September 2004, and revised August 2016) with current data. The PQS is posted as a related document for printing on the Vendor Bid System under this solicitation at http://myflorida.com/apps/vbs/vbs_www.search.criteria_form.
2. A reproduction of the firm’s current Florida State Board License with the appropriate board governing the discipline offered. If the firm is a corporation, it must be properly chartered with the Department of State to operate in Florida. Include a copy of the charter and current certification that all fees and filings are current.
3. Attach a current copy of the SF330 for the office(s) that will be performing the work. This form may be found at http://www.gsa.gov.
4. Evidence of professional liability insurance in the amount of at least $1,000,000. 5. Describe Scope of work to be assigned to any sub-consultant and a complete SF330 for each sub-consultant. 6. Names, specific qualifications and professional memberships of person(s) to be assigned to this project and their
respective roles (do not include resumes). 7. Names, addresses and phone numbers of at least five other government agencies for whom similar services have been
performed within the last five years and the date, project name, brief project description, firm’s project manager and specific services provided in each case. 8. If desired by the firm, additional examples of similar projects completed by persons to be assigned to this project, references (none from current or former Department of Corrections personnel) and any other supporting information.
Submit one original letter of interest, five hard copies and one searchable CD of the required data. The required data shall be submitted in the order listed above. Faxed copies will not be accepted. Applications that do not comply with the instructions set forth above may be considered improper and be disqualified. The plans and specifications developed by the firm awarded this project are subject to reuse in accordance with the requirements of Section 287.055, Florida Statutes (F.S.), “Consultants’ Competitive Negotiation Act”.
The awarded firm shall not knowingly engage in this project, on a full time, part time or other basis during the period of this Contract, any current or former employee of the Department where such employment conflicts with Section 112.3185, F.S.
Respondents will be ranked by a Competitive Selection Committee based on the information received in response to this Request For Qualifications (RFQ). Interviews of ranked respondents may or may not be required, at the direction of the Committee. Public presentations will be required and will be scheduled at a later date. Under the authority delegated to the Secretary of the Florida Department of Corrections by Section 287.055 F.S., sitting as the head of the Florida Department of Corrections, Professional Services Contracts will be awarded to one firm following the recommendations of the Competitive Selection Committee and in accord with the statutory negotiation procedures. All firms responding to this RFQ will be notified by a single posting, through the following website address: http://myflorida.com/apps/vbs/vbs_www.search.criteria_form. It is the firm’s responsibility to check the website for updated information.

Response Date: TBD by 5:00 P.M., Eastern Time. Late submittals will not be opened or considered. PROJECT: Americans with Disabilities ACT (ADA) Surveys, Design, and Construction Administration. EXPERIENCE: The selected Architect must be knowledgeable with ADA requirements and standards in prisons and jails, be licensed in the State of Florida, and have experience assessing ADA accessibility in institutionalized settings.
PROJECT LOCATION(S): 1. Wakulla C.I, 110 Melaleuca Drive Crawfordville, Florida 32327 2. Santa Rosa C.I., 5850 East Milton Road Milton, Florida 32583 3. Northwest Florida Reception Center (NWFRC), 4455 Sam Mitchell Drive Chipley, Florida 32428 4. Gadsden Re-entry Center, 630 Opportunity Lane Havana, Florida 32333 5. Reception and Medical Center (RMC), 7765 S. CR 231, P.O. Box 628 Lake Butler, Florida 32054 6. Union C.I., 25636 NE SR-16 Raiford, Florida 32083; Suwannee C.I., 5964 U.S. Highway 90 Live Oak, Florida 32060 7. Columbia C.I., 216 S.E. Corrections Way Lake City, FL 32025 8. Baker Re-entry Center, 17128 U.S. Highway 90 West Sanderson, Florida 32087 9. Sumter C.I., 9544 County Road 476B Bushnell, Florida 33513 10. Florida Women’s Reception Center (FWRC), 3700 NW 111th Place Ocala, Florida 34482 11. Central Florida Reception Center (CFRC) 7000 H C Kelley Rd. Orlando, FL 32831 12. Lowell C.I. 11120 NW Gainesville Rd. Ocala, Florida 34482 13. Zephyrhills C.I., 2739 Gall Boulevard Zephyrhills, Florida 33541 14. Kissimmee Community Release Center (CRC); 2925 Michigan Avenue Kissimmee, Florida 34744 15. Pinellas CRC; 5205 Ulmerton Road Clearwater, Florida 33760 16. South Florida Reception Center (SFRC), 14000 NW 41st Street Doral, Florida 33178 17. Dade C.I., 19000 S.W. 377th Street Florida City, Florida 33034 18. Everglades C.I. and Re-entry Center, 1599 S.W. 187th Avenue Miami, Florida 33194
PROJECT NUMBER: TBD ESTIMATED DESIGN COST: $500,000.00 PROJECT ADMINISTRATOR: TBD

EXHIBIT D

Line #

Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991

or 2010 ADA

Stds)

* means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

1

Construction of this facility began after July 26, 1992 and

before March 15, 2012. Therefore, the entire facility

must comply with 1991 ADA Standards. The 2010

Standards were used for areas in the facilities where

supplemental scoping or technical requirements for

detention facilities are provided. (35.151(k)).

Barriers

2 3 4 215.2, 702

4.1.3(14), 4.28.1

Common Use Buildings:
Visitation, Inmates Toilet Room: Buildings with visual alarms must have visual alarms in the toilet rooms.

The building has visual alarms. However, there is no visual alarm in this room.

5 6 221,

4.1.3(19)(a),

Chapel: Fixed assembly seating is provided. Therefore, accessible wheelchair spaces must be provided.

FDC: Staff will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009
There is about 96 linear feet of bench seating. At 24 linear inches per seat, there are about 48 seats. Therefore, 2 wheelchair spaces are required. However, no wheelchair spaces are provided in the seating area.

7

FDC: Although FDC and DRF disagree about whether

FDC is in non-compliance, DRF will not require

changes as part of the Settlement Agreement as long as

sufficient space continues to be made available so that

safe entry, exit and evacuation is possible.

Photos 282, 283

Page 1 of 245

221.4*, 8
219*, 9

EXHIBIT D

4.1.3(19)(a),

Fixed assembly seating is provided. Therefore, 1% of the There are about 48 fixed assembly seats. Therefore, 1

fixed seats must be aisle seats with no armrests on the aisle seat must have no armrest or have a removable

aisle side, or have removable or folding armrests on the armrest. None is provided. These seats are not dispersed

aisle side. These seats must be dispersed among all

among all seating categories. Notification signage is not

seating categories. Signage notifying patrons of the

provided. In that it does not comply with the 1991 ADA

availability of such seats must be posted at the ticket

Standards, it must be remediated to the 2010 ADA

office.

Standards, which requires 5% of the aisle seats to comply.

There are 12 aisle seats. Therefore, 1 must comply.

FDC: Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement.

4.1.3(19)(b),

There are fixed seats and an audio amplification system. No signs notify patrons that an assistive listening system Therefore, an assistive listening system must be provided. is provided. Additionally, no parts of an assistive
listening system were seen. Therefore, no assistive listening system is provided.

Library:

FDC: Assistive listening system will be available for use in the chapel.

282, 283

Page 2 of 245

EXHIBIT D

Line #

Baker Re-Entry Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

10 226.1, 902.2

4.1.3(18), 4.32 Seating is provided at tables. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep.

In the Library, all the tables have pedestals with feet that block the wheelchair space under the table.
FDC: At least 5% of tables in library will be replaced with ADA compliant tables.

11 12 226.1, 902.2
13

Typical Classroom: (Surveyed Room 164) 4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide
space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.
Classroom with Computers: (Surveyed Room 187)

The knee space is only 23" wide and 24" tall.
FDC: At least 5% of desks will be replaced with ADA compliant desks

14 226.1, 902.2
15 16 204.1, 307.4

4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.
Dining: 4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least
80" above the floor.

The knee space is only 23" wide and 24" tall. FDC will replace at least 5% of desks with ADA compliant desks
The underside of the fan is only about 74" above the floor. FDC: Fan will be relocated to ensure fan meets requirement of minimum 80” clearance from floor.

17
18 232.3, 807.2.4, §35.151(k), 903
19 213.2, 609.3 4.1.3(11), 4.26.2

Holding Cells: (Survey is a composite of Rooms 109 and 110) A bench is provided. It must be 17" - 19" above the floor, must be 20" to 24" deep and 42" long, and must have a back support along the 42" side.
There must be at least 1 1/2" of clear space below the grab bar.

The bench is 20 1/2" tall, 9 1/2" deep, and 20 1/2" long. FDC: Bench will be removed from Holding Cell 109.
The flush valve stem reduces the clear space to about 3/4" below the rear grab bar.

FDC: The flush valve will be relocated to provide

required 1 ½” clearance below grab bar.

20

Inmate Toilet Room: (Room 163)

Photos
287, 289 291 - 294 328, 329
392 520 - 525
537
Page 3 of 245

21 215.2, 702 22

4.1.3(14), 4.28.1

EXHIBIT D
Buildings with visual alarms must have visual alarms in the toilet rooms.

The building has visual alarms. However, there is no visual alarm in this room.

FDC staff will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009.

206.5, 404.2.4 4.1.3(7)&(8), 4.13.6

The pull side of the door requires a latch-side approach. The door has a closer. Therefore, the maneuvering space must be at least 54" deep and must extend at least 24" from the latch.

The maneuvering space at the door is only 49" deep.
FDC will install automatic door opener (eliminating requirement for maneuvering clearance).

301 - 303

Page 4 of 245

EXHIBIT D

Line #

Baker Re-Entry Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

23 213.3, 605.3 24

4.1.3(11), 4.18.2

The clear floor space at the urinal must be at least 30" wide by 48" deep.

The width between the urinal privacy pilasters is only 28". FDC will remove partition between urinals to provide clear floor space at compliant urinal.

Photos 309, 310

213.2, 604.8.1.2
25 26 205, 309.3*
27
28 204.1, 307.2

4.1.3(11), 4.13.6
4.1.3(13), 4.27.3

The pull side of the stall door requires a forward

The adjacent partition reduces the maneuvering space to

approach. Therefore, the maneuvering space must be 60" the latch side of the stall door to only 0" wide.

deep and must extend 18" to the side of the latch.

FDC will remove one stall/toilet to provide required

maneuvering space for accessible toilet.

Exterior:
Operable parts must be within reach. A side reach is required. There is no obstruction. Therefore, it must be within 54" of the floor.

The Medical, Request, Grievance, and Book Return boxes are 59" above the floor. In that is does not comply with the 1991 ADA Standards it must comply with the 2010 ADA Standards which has a maximum height of 48". FDC will lower Medical, Inmate Request, Grievance & Book Return Boxes (mail slot(s) to be no higher than 48” above floor)

313 338, 339

4.1.3(2), 4.4.1 Objects may not protrude into the circulation path by more than 4" if the underside is more than 27" but less than 80" above the floor.

The underside of the Medical box is 40" above the floor and projects 11" into the circulation path. FDC: Medical box will be relocated to ensure no more than 27” clearance from floor to bottom of box (for cane detection)

338, 341 - 343

205, 309.3* 4.1.3(13),

Operable parts must be within reach. A side reach is

The water dispenser is about 63" above the floor. In that

338

4.27.3

required. There is no obstruction. Therefore, it must be is does not comply with the 1991 ADA Standards it must

within 54" of the floor.

comply with the 2010 ADA Standards which has a

maximum height of 48".

FDC will relocate plastic water dispenser to another area

Page 5 of 245

29 30 206.1, 405.2

EXHIBIT D

Seating Area near Fitness Equipment:

4.1.2(1) & (2), Accessible route cannot slope more than 8.33%. It

The ramp from the main walkway to the pavilion, for

4.1.3(1), 4.3.7 cannot slope more than 5% without being constructed as a about 7 linear feet, the slope is 10.3%. There are no

ramp, which requires handrails and 60" level landings. handrails.

FDC will install handrails to ramp

31 32 204.1, 307.2
33
206.1, 405.2

4.1.3(2), 4.4.1

Toilet Facilities: The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The underside is 33" high and protrudes 12" into the circulation path. FDC will reposition accessible water fountain to be 27” above floor and install cane detection apron on standard water fountain (ensuring bottom of cane detection is no more than 27” above floor).

4.1.2(1) & (2), Accessible route cannot slope more than 8.33%. It

The ramp from the main walkway to the toilet facilities,

4.1.3(1), 4.3.7 cannot slope more than 5% without being constructed as a for about 24 linear feet, the slope ranges between 6% and

ramp, which requires handrails and 60" level landings. 6.5%. There are no handrails.

FDC will install handrails

399, 400 408 - 411 430 - 434

Page 6 of 245

EXHIBIT D

Line #

Baker Re-Entry Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

34 35 232.3, 807.2.3 232.3,

Housing:

In cells having more than 25 beds, at least 5% of the beds There are 72 beds in each of 6 dormitories. Each

shall have a 30" by 48" clear floor space parallel to the dormitory serves the same purpose. Therefore, each

side of the bed.

dormitory must have at least 4 beds on an accessible route

and have the clear floor space. I reviewed C-Dorm West

Side. The other 5 were assumed to be the same.

FDC: This is not an area of non-compliance.

Photos

36

C-Dorm, West Side:

37 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach. At the exterior entrance door, the maneuvering space

4.13.6

Therefore, the maneuvering space must be 60" deep and extends only 15 1/2" beside the latch side of the door.

must extend 18" to the side of the latch.

FDC: Additional concrete will be poured to create

38

the required maneuvering space.

443, 445, 446

226.1, 902.2 4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide In the Meeting Rooms, the knee space is only 23" wide

space for a wheelchair. A compliant wheelchair space and 24" tall.

39

must provide knee space under the table that is at least

30" wide and 27" tall.

FDC: At least 5% of available desks will be replaced

with ADA compliant tables, providing required

clearances and width.

207.1*, 303* 4.1.3(9),

The accessible means of egress includes the exit

The accessible exit discharge terminates within 5 feet of

discharge. That is, there must be an accessible route from the building.

the exit door to the public way. In detention centers

FDC: ADA inmates will not be using the west side of B

40

where it is not possible to access the public way, this

Dorm. Instead, the east side of B Dorm will be used by

expert believes that it may be acceptable to terminate the ADA inmates, and exit discharge outside of the fire exit

41

exit discharge 50' from the building as permitted in NFPA door of the east side of B Dorm will need to be

101-2012, Section 22.2.7.3.

inspected in the future by a licensed architect for ADA

42

compliance.

447, 448 452, 453

Page 7 of 245

226, 902.2* 4.1.3(18), 4.32.3

EXHIBIT D
There is a common use work surface. Toe space must extend 17" underneath.

The pedestal table has supports that reduce the depth to only 11".

FDC Will replace at least one pedestal table with ADA compliant table to provide required minimum of 5% accessible seating with required clearances and width.

221,

4.1.3(19)(a), Fixed assembly seating is provided. Therefore,

There is a seating area with bench seats. However, there

accessible wheelchair spaces must be provided.

are no wheelchair spaces in this seating area.

211, 602.2

4.1.3(10), 4.15.5

Knee space under the drinking fountain must be at least 27" high for a depth of at least 8".

FDC: Benches will be relocated OR one bench removed to provide wheelchair space in the seating area.
It is only 26" high.
FDC: Water fountain will be remounted to provide required 27” clearance from bottom of fountain to floor.

4456 - 458 459
466, 467

Page 8 of 245

EXHIBIT D

Line #

Baker Re-Entry Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

43 §35.130(g), §35.130, 44

A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.

In the detention dormitory, some privacy is offered in the group shower. However, no privacy is provided for the accessible shower.
FDC: Portable shower screen shall be available to inmates using the ADA shower.

45 213.3, 606.3 46

4.1.3(11), 4.19.2

47

213.2, 609.3 4.1.3(11),

48

4.26.2

Top of the lavatory and counter cannot be higher than 34".

The top of the lavatory rim in the counter is 34 1/2" above the floor.

There must be at least 12" of clear space above the grab bar.

FDC: Accessible sink will be relocated (lowered) to provide required height from floor to top of sink.
The shower control box reduces the clear space to 3" above the grab bar on the shower control wall.

FDC: The shower wall will be furred out to place the grab

49

bar out from underneath the shower control box.

213.2, 608.6 4.1.3(11),

50

4.21.6

Either a fixed showerhead mounted 48" above the floor or A handheld showerhead is not provided and the fixed

a handheld shower unit must be provided.

showerhead is 59" above the floor.

FDC will replace the showerhead fixture with a

mountable shower head and nozzle.

Photos 468
490, 491 478, 479 478, 480

Page 9 of 245

EXHIBIT D

206.1, 403.3 4.1.2(1) & (2), Accessible route cannot have a cross slope that is more 4.1.3(1), 4.3.7 than 2%.

A drain is in the accessible route. The cross slope at the drain is 7.9%. Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the settlement agreement. DRF would ask FDC to consider whether an inexpensive change can be made if the drain has an adjustable sleeve, or if a collar can be added to the drain along with grout to reduce the slope.

213.2, 604.2* 4.1.3(11), 4.16.2

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 18 1/2" from the sidewall.

ADA Standards permit the centerline to be 16" to 18"

from the sidewall.

FDC will make adjustment(s) to relocate toilet to the proper distance (centerline of toilet 16” – 18” from wall).

506, 507 496, 497

213.3, 604.8* 4.1.3(11), 4.22.4

Where toilet room has at least 6 water closets, one stall There are 7 toilets and none of the stalls complies with

must comply with the ambulatory stall requirements.

the ambulatory stall requirements.

508, 510, 511

227.3, 904.4* 7.2(2), 51

A 36"-wide portion of the service counter must be no higher than 36".

FDC will convert one of the toilets to compliant ambulatory stall.
The pass-thru at the service counter is 41" above the floor. FDC will add a required compliant counter space adjacent to or below the existing counter space.

512, 513

Page 10 of 245

EXHIBIT D

Everglades Re-Entry Center - Accessibility Report

Line # Citation for

Description/Issue/Requirement

Remediation

(2010 ADA Stds)

Barriers

Photos

* means the remediation Standard differs from the 1991 ADA Standards

1

Construction of this facility began after March 15, 2012.

Therefore, the entire facility must comply with 2010

ADA Standards.

2

Common Use Buildings:

3

Visitation:

4 226, 902.2* There is a common use work surface. Knee and toe space Under the outside table, the knee and toe space is only

must be at least 30" wide. The knee space must be at 16" deep.

least 27" high for a depth of at least 8". The toe space

must be at least 9" high and extend 17" underneath.

FDC will construct a new bench seat with proper

clearances.

5

Visitation, Inmates Toilet Room:

6 206.5, 404.2.4 A forward approach to the push side of the door is

The lavatory partially blocks the maneuvering space. It

required. Therefore, the maneuvering space must be 48" protrudes 4" into the maneuvering space on the latch side.

deep and the width of the door. If the door has a latch

and a closer, the maneuvering space must extend 12"

FDC will install a smaller profile ADA compliant sink to

beyond the latch side of the door.

provide required maneuvering space.

7

2195, 2198 2177 - 2181

8

9 205, 309.3* 10
213.2, 604.3

Operable parts must be between 15" and 48" above the floor.
Clear floor space at the toilet must be at least 60" wide. The lavatory may not overhang the toilet clear floor space.

The light switch is 51" above the floor. FDC will lower light switch to no higher than 48” above the floor. The lavatory overhangs the toilet clear floor space by 4".
FDC: See note above in line 6.

2182, 2183 2164, 2167

Page 11 of 245

EXHIBIT D

213.2,

The rear grab bar must be at least 36" long. It must

The rear grab bar extends only 10" to the wall side of the

2164

604.8.1.5

extend from the toilet centerline toward the sidewall at toilet.

least 12" and at least 24" toward the open side.

FDC will reposition rear grab bar (with 12” from

centerline to side wall and 24” from centerline to open

side of toilet).

213.2, 604.2 Centerline of toilet must be 16" to 18" from sidewall.

The toilet centerline is 19 3/4" from the sidewall. FDC will make adjustment(s) to relocate toilet to the proper distance (centerline of toilet 16” – 18” from wall).

2162, 2163

11 12 219*,
13

Chapel:

This is an assembly space where audible communications In the Chapel, a permanent assistive listening system is

are integral to the use of the space. An audio-

not installed and a portable system is not available.

amplification system is provided. Therefore, an assistive

listening system must be provided.

FDC will provide an assistive listening system.

Library:

Page 12 of 245

EXHIBIT D

Everglades Re-Entry Center - Accessibility Report

Line # Citation for

Description/Issue/Requirement

Remediation

(2010 ADA Stds)

Barriers

Photo s

* means the remediation Standard differs from the 1991 ADA Standards

14 226.1, 902.2 15
226, 902.2*

Seating is provided at tables. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep.

In the Library, all the tables have pedestals with feet that block the wheelchair space under the table. FDC will replace at least 5% of current seating with ADA compliant tables.

There is a common use work surface. Knee and toe space In the Puzzle Room, the knee space is only 24".

must be at least 30" wide. The knee space must be at least 27" high for a depth of at least 8". The toe space

FDC will replace current table with ADA compliant table (folding table).

must be at least 9" high and extend 17" underneath.

2220
2223, 2224

16

Typical Classroom: (Surveyed Rooms 185, 187)

17 226.1, 902.2 Seating is provided at desks. At least 5% must provide The knee space is only about 22" wide and about 25 1/2"

space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least

tall. FDC will replace at least 5% of desks with ADA

30" wide and 27" tall.

compliant desks or tables for wheelchair use.

18

Dining Toilet Room:

19 206.5, 404.2.4 The pull side of the door requires a latch-side approach. The maneuvering space at the door is only 38 1/2" deep.

The door has a closer. Therefore, the maneuvering space FDC: This restroom will be designated for staff use only;

must be at least 54" deep and must extend at least 24" from the latch.

no inmates would be authorized to use this restroom. No action required.

20

Inmate Toilet Room: (Room 163)

21 206.5, 404.2.4 The pull side of the door requires a latch-side approach. The maneuvering space at the door is only 48" deep.

22 205, 309.3*

The door has a closer. Therefore, the maneuvering space must be at least 54" deep and must extend at least 24" from the latch. Operable parts must be between 15" and 48" above the floor.

FDC will install automatic door opener (eliminating requirement for maneuvering clearance).
The operable parts on the paper towel dispenser are 49" above the floor.

23

FDC will remount paper towel dispenser to compliant

height

2263, 2264, 2266 2270
2294, 2295
2228, 2229
2236, 2237

Page 13 of 245

213.3, 605.3 24

EXHIBIT D

The clear floor space at the urinal must be at least 30" wide by 48" deep.

The width between the urinal privacy pilasters is only 28". FDC will remove one urinal.

2241, 2242

25 213.2, 604.8.1.5

The rear grab bar must be at least 36" long. It must

The rear grab bar extends only 10 1/2" to the wall side of 2248

extend from the toilet centerline toward the sidewall at the toilet.

least 12" and at least 24" toward the open side.

FDC will reposition rear grab bar to meet standards (12”

from centerline of toilet to side wall and 24” minimum on

open side at compliant height (33”-36” to top of gripping

surface)

213.2, 604.2 Centerline of toilet must be 16" to 18" from sidewall.

26

Exterior:

The toilet centerline is 19" from the sidewall.
FDC will make adjustment(s) to relocate toilet to the proper distance (centerline of toilet 16” – 18” from wall).

2246, 2247

Page 14 of 245

EXHIBIT D

Everglades Re-Entry Center - Accessibility Report

Line # Citation for

Description/Issue/Requirement

Remediation

(2010 ADA Stds)

Barriers

Photos

* means the remediation Standard differs from the 1991 ADA Standards

27 205, 309.3* 28 29
206.1, 403.3
204.1, 307.2
30 31 226, 902.2*

Operable parts must be between 15" and 48" above the floor.

The operable parts on the music kiosk are about 53" above the floor. FDC is in negotiations with new vendor; kiosks will be installed to meet ADA standards

Accessible route cannot have a cross slope that is more than 2%.

At the canteen window, the accessible route has a cross slope 3.4%. FDC will add a thin layer of concrete to correct sloping problem.

Objects may not protrude into the circulation path by more than 4" if the underside is more than 27" but less than 80" above the floor.

The underside of the canteen counter is 31 1/2" above the floor and projects 8" into the circulation path. FDC will make canteen counter cane detectable although the protrusion issue is not an issue for mobility impaired inmates.

Seating Area: There is a common use work surface. Knee and toe space must be at least 30" wide. The knee space must be at least 27" high for a depth of at least 8". The toe space must be at least 9" high and extend 17" underneath.

Under the pavilion table, the knee and toe space is 16" deep. FDC will replace at least 5% of table seating with ADA compliant tables

32 33 204.1, 307.2
34

Toilet Facilities: The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The underside is 33 3/4" high and protrudes 12" into the circulation path. FDC will relocate accessible water fountain to provide maximum 27” clearance from bottom of fountain to floor and make standard water fountain cane detectable

35 213.3, 606.5 36
213.3, 605.2

Pipes under the lavatory or sink must be insulated to protect a person from burns and from sharp or abrasive edges.
The rim of the accessible urinal must be within 17" of the floor.

The pipes under the accessible lavatory are not insulated. FDC will install appropriate steel covering (tapered to comply with the toe and knee clearances).
The rim of the urinal is 18" above the floor. Refer to line 38 (urinal to be removed)

2452, 2453 2454, 2455 2454, 2456,
2457
2449
2438, 2440
2415 2417, 2418

Page 15 of 245

EXHIBIT D

37 213.2, 604.3* Clear floor space at the toilet must be at least 60" wide and 56" deep.
38

The urinal reduces the toilet clear floor space to only 51" wide. FDC will remove the urinal to provide required clear floor space for toile (60” wide x 56” deep)

2424, 2425

213.2, 604.8.1.5

The rear grab bar must be at least 36" long. It must extend from the toilet centerline toward the sidewall at least 12" and at least 24" toward the open side.

213.2, 604.6 The toilet flush control must be on the open side of the toilet.

The rear grab bar extends only 2 1/2" to the open side of the toilet. FDC will reposition rear grab bar to meet standards (12” from centerline of toilet to side wall and 24” minimum on open side at compliant height (33”-36” to top of gripping surface)
The toilet flush control is on the wall side. FDC will replace flush valve to open side of toilet)

2423, 2424 2413

39

Housing:

Page 16 of 245

EXHIBIT D

Everglades Re-Entry Center - Accessibility Report

Line # Citation for

Description/Issue/Requirement

Remediation

(2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards

40 232.3, 807.2.3 In cells having more than 25 beds, at least 5% of the beds There are 75 beds in each of 6 dormitories. Each

shall have a 30" by 48" clear floor space parallel to the dormitory serves the same purpose. Therefore, each

side of the bed.

dormitory must have at least 4 beds on an accessible route

and have the clear floor space. I reviewed B-Dorm. The

other 5 were assumed to be the same.

FDC: This is not an area of non-compliance.

Photos

41 42 205, 309.3*
43 206.5, 404.2.4.4

B-Dorm: (Surveyed 115) B-Dorm will not be used for ADA inmates

Operable parts must be between 15" and 48" above the At the exterior door, the operable part on the intercom is

floor.

50" above the floor. FDC: ADA inmates will not be using B Dorm. For any dorm that will be used by ADA inmates, it will need to be inspected in the future by a licensed architect for ADA

compliance.

Maneuvering space at the door cannot slope more than The maneuvering space at the exterior door has a slope of

2%.

6.7% for about 8".

FDC: ADA inmates will not be using B Dorm. For any dorm that will be used by ADA inmates, it will need to be

inspected in the future by a licensed architect for ADA compliance.

2321, 2322 2334, 2335

44 226.1, 902.2

Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.

45 226, 902.2* There is a common use work surface. Toe space must extend 17" underneath.

In the Meeting Rooms, the knee space is only 23" wide and 24" tall. FDC: ADA inmates will not be using B Dorm. For any dorm that will be used by ADA inmates, it will need to be inspected in the future by a licensed architect for ADA compliance. The pedestal table has supports that reduce the depth to only 11". FDC: ADA inmates will not be using B Dorm.

2339
2357, 2361 2363, 2365

Page 17 of 245

EXHIBIT D

46 212.3, 606.3 47 212.3, 606.2

Except for mop/service sinks, where provided, 5% of the It is 34 1/2" tall.

sinks must be accessible. The top of the common use sink must be within 34" of the floor.

FDC: ADA inmates will not be using B Dorm. For any dorm that will be used by ADA inmates, it will need to be inspected in the future by a licensed architect for ADA

compliance. Except for mop/service sinks, where provided, 5% of the In the day room, the knee space is 27" high and only 7

sinks must be accessible. Knee and toe space must

1/2" deep.

extend at least 17" under the sink. The clear space must FDC: ADA inmates will not be using B Dorm. For any

be at least 30" wide. The knee space must be at least 27" dorm that will be used by ADA inmates, it will need to be

tall and at least 8" deep. The toe space must be at least 9" inspected in the future by a licensed architect for ADA

tall and extend 6" into the clear floor space.

compliance.

48 205, 309.3

Operable parts must be operable with one hand and without tight grasping, tight pinching, or twisting of the wrist. It must be operable with no more than 5-pounds force.

49 213.3, 606.2* Lavatory knee space must extend at least 8" under the lavatory for a height of at least 27".

The faucet on the day room sink has short levers that
requires tight grasping and twisting to operate.
FDC: ADA inmates will not be using B Dorm. For any dorm that will be used by ADA inmates, it will need to be inspected in the future by a licensed architect for ADA compliance.
The knee space is only 7 1/2" deep at a height of 27". FDC: ADA inmates will not be using B Dorm. For any dorm that will be used by ADA inmates, it will need to be inspected in the future by a licensed architect for ADA compliance.

2366, 2367 2368 2368 2377

Page 18 of 245

EXHIBIT D

Everglades Re-Entry Center - Accessibility Report

Line # Citation for

Description/Issue/Requirement

Remediation

(2010 ADA Stds)

Barriers

Photos

* means the remediation Standard differs from the 1991 ADA Standards

50 §35.130(g),

A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity
because of the known disability of an individual with
whom the individual or entity is known to have a
relationship or association.

In the detention dormitory, some privacy is offered in the group shower. However, no privacy is provided for the
accessible shower. FDC: ADA inmates will not be using B Dorm. For any dorm that will be used by ADA inmates, it will need to be inspected in the future by a licensed architect for ADA compliance.

51 §35.133,

Accessible features must be maintained and operable.

The shower seat is broken. FDC will repair or replace the shower seat.

52 213.2, 609.3 There must be at least 12" of clear space above the grab The shower control box reduces the clear space to about

bar.

2" above the grab bar on the shower control wall.

FDC: ADA inmates will not be using B Dorm. For any dorm that will be used by ADA inmates, it will need to be inspected in the future by a licensed architect for ADA compliance.

53 213.3, 605.2

The rim of the accessible urinal must be within 17" of the The rim of the urinal is 18" above the floor.

floor.

FDC: ADA inmates will not be using B Dorm. For any

dorm that will be used by ADA inmates, it will need to be

inspected in the future by a licensed architect for ADA

compliance.

54 213.2, 604.3

Clear floor space at the toilet must be at least 60" wide. The lavatory may not overhang the toilet clear floor space.

The lavatory overhangs the toilet clear floor space by 9
1/2". FDC: ADA inmates will not be using B Dorm. For any dorm that will be used by ADA inmates, it will need to be inspected in the future by a licensed architect for ADA compliance.

55 213.2, 604.5.1 The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 49 1/2" from the rear

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC: ADA inmates will not be using B Dorm. For any

dorm that will be used by ADA inmates, it will need to be

inspected in the future by a licensed architect for ADA

compliance.

56 213.2, 604.2 Centerline of toilet must be 16" to 18" from sidewall. The toilet centerline is 14 1/2" from the sidewall.

FDC: ADA inmates will not be using B Dorm.

2398
2398 2403, 2407 2384, 2385 2392, 2393
2389 2390, 2391

Page 19 of 245

EXHIBIT D

57 213.3, 604.8* Where toilet room has at least 6 water closets, one stall There are 6 toilets and none of the stalls complies with

2383

must comply with the ambulatory stall requirements.

the ambulatory stall requirements.

FDC will add a required complaint ambulatory toilet

stall.

58

Page 20 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

1

Construction of this facility began after July 26, 1992 and

before March 15, 2012. Therefore, the entire facility

must comply with 1991 ADA Standards. The 2010

Standards were used for areas in the facilities where

supplemental scoping or technical requirements for

detention facilities are provided. (35.151(k)).

Barriers

2 3 4 211, 602.7

4.1.3(10),

5 211, 602.7

4.1.3(10),

6

213.2, 604.8.1.2
7

4.1.3(11), 4.17.3

213.2, 604.2* 4.1.3(11),

8

4.16.2

Common Use Buildings:

Processing: Where drinking fountains are provided on a floor, there On the waiting area side, there is only one spout. It is

must be at least two spouts on that floor. One spout must mounted 35" above the floor.

be no higher than 36" above the floor. The other spout FDC will replace the single water fountain with a

must be mounted between 38" and 43" above the floor. high/low combination water fountain installed at

compliant heights and cane detection on standard

height fountain.

Where drinking fountains are provided on a floor, there On the processing side, there is only one spout. It is

must be at least two spouts on that floor. One spout must mounted 35" above the floor.

be no higher than 36" above the floor. The other spout FDC will replace the single water fountain with a

must be mounted between 38" and 43" above the floor. high/low combination water fountain installed at

compliant heights and cane detection on high

fountain.

Toilet stall must be at least 60" wide and the door must be The doorway is in front of the toilet.

within 4" of the corner that is farthest from the toilet. If FDC will remove the block partition doorway in front of

the stall is wider than 60", then the door may be that

the toilet.

much farther from the corner.

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 20 1/4" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to ensure toilet is required

from the sidewall.

distance from wall.

Photos
3539, 3540 3545, 3546
3526 3528, 3529

Page 21 of 245

227.3, 904.4* 7.2(2),

EXHIBIT D
A 36"-wide portion of the service counter must be no higher than 36".

At the exterior Property window, the entire counter is 39" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the accessible counter to extend the same depth as the inaccessible counter and it is not. FDC: No changes – this window has been closed off and is not used.

3514, 3515

Page 22 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

9 10 213.3, 606.4
11

4.1.3(11), 4.19.5

Processing: Toilet Room: The lavatory faucet must be operable without tight grasping, tight pinching, or twisting of the wrist.

The faucet has knobs that require twisting of the wrist to operate. FDC: Inmates in wheelchairs will be directed to use accessible restroom in bus bay.

213.3, 606.2 4.1.3(11), 4.19.2

12

213.2, 604.8.1.5*
13

4.1.3(11), 4.16.4

14

Lavatory knee and toe space must be at least 17" deep and extend to the faucet and other operable parts. At a point 9" above the floor, the knee space must extend to a plane that is within 6" of the faucet and other operable parts. This point is at least 11" from the front edge of the counter.
The rear grab bar must be at least 36" long. It must extend from the toilet centerline to at least 12" in each direction.

The front of the toe space is only 8" from the front edge of the counter. FDC: Inmates in wheelchairs will be directed to use accessible restroom in bus bay.
The rear grab bar is only 24" long. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. FDC: Inmates in wheelchairs will be directed to use accessible restroom in bus bay.

213.2, 604.5.1 4.1.3(11), 4.16.4
213.2, 604.3* 4.1.3(11), 4.16.2
15

The sidewall grab bar at the toilet must be at least 42" It is only 36" long. The front end of the grab bar is only

long, must be within 12" of the rear wall, and must extend 43 1/2" from the rear wall.

at least 54" from the rear wall.

FDC: Inmates in wheelchairs will be directed to use

accessible restroom in bus bay.

Clear floor space at the toilet must be at least 60" wide and 56" deep.

The lavatory reduces the toilet clear floor space to only 34" wide. FDC: Inmates in wheelchairs will be directed to use accessible restroom in bus bay.

Visitation:

Photos
3550 3548 3553
3558, 3559 3553, 3554

Page 23 of 245

16 204.1, 307.2 17

EXHIBIT D

4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The underside of the standard height drinking fountain is 33 1/2" high and protrudes 8" into the circulation path. FDC will replace the existing water fountain with high/low combination unit (with apron detection on standard fountain).

18 204.1, 307.2 19

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the accessible drinking fountain is 28"

into the circulation path by more than 4" if the underside high and protrudes 8" into the circulation path.

is more than 27" above the floor.

See Line 16-17

3944, 3945 3946, 3947

204.1, 307.2

4.1.3(2), 4.4.1 Objects may not protrude into the circulation path by more than 4" if the underside is more than 27" but less than 80" above the floor.

226, 902.2* 4.1.3(18), 4.32.3

There is a common use work surface. Toe space must extend 17" underneath.

The underside of the Canteen shelf is about 36" above the floor and projects 10 1/2" into the circulation path. FDC will add compliant counter space adjacent or below the existing counter space.

3940, 3941

The pedestal table has supports that reduce the depth to only 12". FDC will provide compliant accessible seating for at least 5% of seating capacity for outside visitation area.

3953, 3955 3957

20

Visitation, Smaller Room:

Page 24 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

21 226, 902.2* 4.1.3(18), 4.32.3

There is a common use work surface. Toe space must extend 17" underneath.

No wheelchair space is provided at the tables. FDC will remove (one) existing table and provide compliant accessible table

Photos 3963, 3964

22 23 226, 902.2*

4.1.3(18), 4.32.3

Non-Contact Visitation, Inmates Side:

There is a common use work surface. Knee and toe space The knee space is only 25" high at a depth of 8".

must be at least 30" wide. The knee space must be at least 27" high for a depth of at least 8". The toe space

FDC will modify existing counter to provide required clearance and depth.

must be at least 9" high and extend 17" underneath.

3982, 3983

24 25 213.3.5, 603.3 4.1.3(11),
4.19.6

26
213.2, 604.8.1.5*

4.1.3(11), 4.16.4

27 28 219*,

4.1.3(19)(b),

Visitation, Inmates Toilet Room: Where mirrors are provided, at least one shall have the bottom of the reflective edge within 40" of the floor.

The reflective surface of the mirror is mounted 41" above the floor. Refer to Line 26 – Alternate accessible restroom will be made available.

The rear grab bar must be at least 36" long. It must extend from the toilet centerline to at least 12" in each direction.

The rear grab bar is only 30" long. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. FDC will find an alternate accessible inmate restroom.

Chapel: There are fixed seats and an audio amplification system. There are no signs notify patrons that an assistive Therefore, an assistive listening system must be provided. listening system is provided. Additionally, no parts of an
assistive listening system were seen. Therefore, no assistive listening system is provided. FDC will provide an assistive listening system.

29

Chapel: Toilet Room:

3932, 3933 3936

Page 25 of 245

30 213.3, 606.2 4.1.3(11), 4.19.2
31 213.2, 609.3 4.1.3(11), 4.26.2
32

EXHIBIT D

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge and extend to the faucet and other operable parts. At a of the counter. point 9" above the floor, the knee space must extend to a FDC will replace the stainless-steel guard with a plane that is within 6" of the faucet and other operable tapered shield that provides required toe and knee parts. This point is at least 11" from the front edge of the clearances. counter.

There must be at least 12" of clear space above the grab bar.

The shelf and bracket reduces the clear space to 4" above part of the sidewall grab bar. FDC will remove the shelf/bracket above the side wall grab bar.

Library:

3907 3912 - 3914

Page 26 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

33 226.1, 902.2
34 35 206.1, 403.3 36

4.1.3(18), 4.32 Seating is provided at tables. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep. Library: Toilet Room:
4.1.2(1) & (2), Accessible route cannot have a cross slope that is more 4.1.3(1), 4.3.7 than 2%.

At the computer tables, the knee space is only 24" high. FDC will replace at least 5% of available tables with compliant tables for wheelchair accessibility.
A drain is in the accessible route. The cross slope is 6%.
FDC: Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the settlement agreement. DRF would ask FDC to consider whether an inexpensive change can be made if the drain has an adjustable sleeve, or if a collar can be added to the drain along with grout to reduce the slope.

Photos 3576, 3578 3585, 3586

213.3, 606.2
37 38 226.1, 902.2 39 211, 602.7 40

4.1.3(11), Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

4.19.2

and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a
plane that is within 6" of the faucet and other operable FDC will install stainless-steel shield tapered to comply parts. This point is at least 11" from the front edge of the with the toe and knee clearances.

counter.

Classroom: (coming from the Library, the 1st

(Second classroom on the right is similar.)

classroom on the right) 4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide The knee space is only about 26" tall.

space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.

FDC will replace at least 5% of current seating with ADA compliant tables.

4.1.3(10),

Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 36" above the must be at least two spouts on that floor. One spout must floor.

be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

FDC will remove water fountain(s) from classrooms and install high/low water fountain in main hall area.

Classroom: (coming from the Library, the 1st classroom on the left)

3583
3596 - 3598 3599, 3600

Page 27 of 245

41 211, 602.7 4.1.3(10),

EXHIBIT D
Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 35" above the must be at least two spouts on that floor. One spout must floor. be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor. See Line 39 – water fountains to be removed from
classroom and high/low water fountain to be installed in main hall area.

3621, 3622

Page 28 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

42 204.1, 307.2
43 44 213.3, 606.5

4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The underside of the accessible drinking fountain is 28" high and protrudes 8" into the circulation path. Refer to Line 39 - water fountain to be removed and high/low water fountain to be installed in main hall area.

4.1.3(11), 4.19.4

Classroom: Toilet Room: (coming from the Library, the 1st classroom on the left) Pipes under the lavatory or sink must be insulated to protect a person from burns and from sharp or abrasive edges.

The pipes under the accessible lavatory are not insulated.
FDC will install stainless-steel shield tapered to comply with the toe and knee clearances.

45 46 226.1, 902.2
47 211, 602.7
48 204.1, 307.2

Classroom: (coming from the Library, the 2nd classroom on the left) 4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.

The knee space is only about 22" wide.
FDC will replace at least 5% of current desks with ADA compliant desks and high/low water fountain to be installed in main hall area.

4.1.3(10),

Where drinking fountains are provided on a floor, there There is only one spout. It is mounted about 35" above must be at least two spouts on that floor. One spout must the floor. be no higher than 36" above the floor. The other spout See Line 39 – water fountain to be removed from must be mounted between 38" and 43" above the floor. classroom and high/low water fountain to be installed
in main hall area.

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the accessible drinking fountain is about
into the circulation path by more than 4" if the underside 28" high and protrudes 8" into the circulation path.
is more than 27" above the floor. See Line 39 – water fountain to be removed from classroom and high/low water fountain to be installed in main hall area.

Photos 3621, 3622
3629 3648 3649, 3650 3649, 3650

49

Classroom: Toilet Room: (coming from the Library,

the 2nd classroom on the left)

Page 29 of 245

EXHIBIT D

50 213.3, 606.2 4.1.3(11), Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

3651

4.19.2

and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install stainless-steel shield tapered to comply

plane that is within 6" of the faucet and other operable with the toe and knee clearances.

parts. This point is at least 11" from the front edge of the

counter.

51 213.2, 604.2* 4.1.3(11), 4.16.2

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" FDC will relocate toilet to ensure centerline of toilet is

from the sidewall.

16”-18” from side wall.

Page 30 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

52 53 226.1, 902.2
54 55 211, 602.7

Classroom with Computers: (coming from the

Library, the 3rd classroom on the left) 4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide The knee space is only 26" wide and 25" tall.

space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.

FDC will replace at least 5% of current desks with ADA compliant desks.

Classroom: (coming from the Library, the 3rd

4.1.3(10),

classroom on the right) Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 36" above the

must be at least two spouts on that floor. One spout must floor.

be no higher than 36" above the floor. The other spout See Line 39 – water fountain to be removed from

must be mounted between 38" and 43" above the floor. classroom and high/low water fountain to be installed in main hall area.

56 204.1, 307.2

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the accessible drinking fountain is about
into the circulation path by more than 4" if the underside 28" high and protrudes 8" into the circulation path.
is more than 27" above the floor. See Line 39 – water fountain to be removed from classroom and high/low water fountain to be installed in main hall area.

Photos
3665 – 3668 3670 3670

57
58 213.3, 606.5 4.1.3(11), 4.19.4
59 213.2, 604.2* 4.1.3(11), 4.16.2
60

Classroom: Toilet Room: (coming from the Library, the 3rd classroom on the right) Pipes under the lavatory or sink must be insulated to protect a person from burns and from sharp or abrasive edges.

The pipes under the accessible lavatory are not insulated.
FDC will install stainless-steel shield tapered to comply with the toe and knee clearances.

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 3/4" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" Move the toilet or build out the wall so that the

from the sidewall.

centerline is compliant.

Sewing Classroom:

3673 3675, 3676

Page 31 of 245

61 226.1, 902.2

EXHIBIT D
4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.

The knee space is less than 27" tall and less than 30" wide. FDC will replace at least 5% of current desks with ADA compliant desks.

Page 32 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

62 211, 602.7
63 64 206.1, 403.3 65

4.1.3(10), Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 34" above the

must be at least two spouts on that floor. One spout must floor.

be no higher than 36" above the floor. The other spout See Line 39 – water fountain to be removed from

must be mounted between 38" and 43" above the floor. classroom and high/low water fountain to be installed in main hall area.

Sewing Classroom: Toilet Room:

4.1.2(1) & (2), Accessible route cannot have a cross slope that is more A drain is in the accessible route. The cross slope at the

4.1.3(1), 4.3.7 than 2%.

drain is about 45%.

FDC: Although FDC and DRF disagree about whether

FDC is in non-compliance, DRF will not require changes

as part of the settlement agreement. DRF would ask FDC

to consider whether an inexpensive change can be made if

the drain has an adjustable sleeve, or if a collar can be

added to the drain along with grout to reduce the slope.

Photos 3689, 3690 3693, 3695

213.3, 606.2 4.1.3(11),

66

4.19.2

67
213.2, 604.5.1 4.1.3(11), 4.16.4

213.2, 604.2* 4.1.3(11), 4.16.2
68

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install stainless-steel shield tapered to

plane that is within 6" of the faucet and other operable comply with the toe and knee clearances.

parts. This point is at least 11" from the front edge of the

counter.

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 48" from the rear

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition 42” side grab to meet standards

(12” from rear wall for overall total length of 54”).

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 21 3/4" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" from the sidewall.

FDC will make adjustment(s) to relocate toilet to the proper distance (centerline of toilet 16” – 18” from wall).

HVAC Classroom:

3692 3696, 3697 3699, 3700

Page 33 of 245

69 226.1, 902.2 70 226.1, 902.2

EXHIBIT D
4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.
4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.

The knee space is 26" tall. FDC will replace at least 5% of current desks with ADA compliant desks.
At the computer station, the knee space is 26" tall and 27 1/2" wide. FDC will replace at least 5% of current computer stations with ADA compliant computer stations.

3705, 3706 3709 - 3712

Page 34 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

71 211, 602.7 4.1.3(10), Where drinking fountains are provided on a floor, there There is only one spout. It is mounted about 34" above

must be at least two spouts on that floor. One spout must the floor.
be no higher than 36" above the floor. The other spout See Line 39 – water fountain to be removed from must be mounted between 38" and 43" above the floor. classroom and high/low water fountain to be installed in
main hall area.

72

HVAC Classroom: Toilet Room:

73 206.1, 403.3 4.1.2(1) & (2), Accessible route cannot have a cross slope that is more A drain is in the accessible route. The cross slope at the

4.1.3(1), 4.3.7 than 2%.

drain is 6. 3% to about 45%.

FDC: Although FDC and DRF disagree about whether

74

FDC is in non-compliance, DRF will not require

changes as part of the settlement agreement. DRF

would ask FDC to consider whether an inexpensive

change can be made if the drain has an adjustable

213.3, 606.2 4.1.3(11),

75

4.19.2

Lavatory knee and toe space must be at least 17" deep

sleeve, or if a collar can be added to the drain along wThitehfgroronut totfothreedtuoceespthaecesliospoenly 8" from the front edge

and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a

plane that is within 6" of the faucet and other operable FDC will install stainless-steel shield tapered to comply

parts. This point is at least 11" from the front edge of the with the toe and knee clearances.

counter.

213.2, 604.2* 4.1.3(11), 4.16.2

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 21 1/4" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to the

from the sidewall.

proper distance (centerline of toilet 16” – 18” from wall).

76

Wellness Classroom:

77 211, 602.7 4.1.3(10), Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 33" above the

must be at least two spouts on that floor. One spout must floor. be no higher than 36" above the floor. The other spout See Line 39 – water fountain to be removed from must be mounted between 38" and 43" above the floor. classroom and high/low water fountain to be installed in
main hall area.

78

Wellness Classroom: Toilet Room:

Photos 3713, 3714 3723, 3724
3715 3716, 3717 3733, 3734

Page 35 of 245

79 206.1, 403.3

EXHIBIT D
4.1.2(1) & (2), Accessible route cannot have a cross slope that is more 4.1.3(1), 4.3.7 than 2%.

A drain is in the accessible route. The cross slope at the
drain is about 45%.
FDC: Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the settlement agreement. DRF would ask FDC to consider whether an inexpensive change can be made if the drain has an adjustable sleeve, or if a collar can be added to the drain along with grout to reduce the slope.

3726, 3727

Page 36 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

80 213.3, 606.2 4.1.3(11), 4.19.2
81 213.2, 604.5.1 4.1.3(11), 4.16.4
82 213.2, 604.2* 4.1.3(11), 4.16.2
83 84 227.3, 904.4 7.2(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install stainless-steel shield tapered to comply

plane that is within 6" of the faucet and other operable with the toe and knee clearances.

parts. This point is at least 11" from the front edge of the

counter.

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 48" from the rear

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition 42” side grab to meet standards

(12” from rear wall for overall total length of 54”).

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 22" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" from the sidewall.

FDC will make adjustment(s) to relocate toilet to the proper distance (centerline of toilet 16” – 18” from wall).

Dining:

A food or beverage service counter has a cash register. The food distribution counter is 37 1/2" tall.

This counter is provided for the sales or distribution of goods. A 36"-wide portion of this counter must be no higher than 36".

Although FDC and DRf disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement.

Photos
3726 3730, 3731 3728, 3729 3496, 3497

85 86 232, 226,
902.3 87

4.1.3(18), 7.2(2)

88 232.3, 807.2.4, §35.151(k), 903
89

Medical: Holding Cell (Toilet Room): The food pass/cuff port is a service counter. It must be no higher than 36" above the floor.
A bench is provided. It must be 17" - 19" above the floor, must be 20" to 24" deep and 42" long, and must have a back support along the 42" side.

The food pass/cuff port is 37" high.
Although FDC and DRf disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement.
The bench has a non-conforming shape. Although FDC and DRf disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement.

4014, 4015 4012

Page 37 of 245

213.3, 606.3 4.1.3(11), 4.19.2

213.2, 604.8.1.5*

4.1.3(11), 4.16.4

EXHIBIT D
Top of the lavatory and counter cannot be higher than 34".
The rear grab bar must be at least 36" long. It must extend from the toilet centerline to at least 12" in each direction.

The top of the lavatory rim in the counter is 35" above the floor.

4001, 4002

FDC will lower lavatory to ensure rim is maximum 34”

above the floor and there is 27” clearance from floor to

bottom of lavatory.

The rear grab bar is only 30" long. It that it does not

4006

comply with the 1991 ADA Standards, it must comply

with the 2010 ADA Standards which requires the grab bar

to extend at least 24" from the centerline to the open side.

FDC will install a 36-inch rear grab bar and will either

relocate or replace the adjacent sink to make the new grab

bar fit.

90

Infirmary: Bathroom:

Page 38 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

91 206.5, 404.2.2 4.1.3(7)&(8), Where there is a pair of doors, a minimum clear opening The clear opening of a single door is 21 3/4".

4.13.4

of 32" through a single door must be provided.

FDC will remove the “saloon” type swinging doors.

92 213.3, 606.5 4.1.3(11), 4.19.4

93

213.2, 608.2.1 4.1.3(11),

94

4.21.2

Pipes under the lavatory or sink must be insulated to protect a person from burns and from sharp or abrasive edges.
Measured at the center points, the transfer shower must be 36" by 36", exactly.

The pipes under the accessible lavatory are not insulated.
FDC will install stainless-steel shield tapered to comply with the toe and knee clearances.
It is 40 1/4" wide by 48" deep. FDC will renovate the shower to the required 36” x 36” transfer shower stall

Photos
4028, 4029 4061
4035 - 4038

95 213.2, 608.4 96

4.1.3(11), 4.21.3

97 213.2, 609.3 4.1.3(11), 4.26.2

A seat is provided in the shower. It must extend the full length of the seat wall to within 1 1/2" of the back wall and to within 3" of the compartment entry.
There must be at least 12" of clear space above the grab bar.

The shower seat is 5 1/2" from the back wall and about 5" from the entry. FDC will adjust/reposition shower seat to comply with required dimensions. The shower control box reduces the clear space to about 4 3/4" above the control wall grab bar.

4038, 4040 4044, 4046

98
213.2, 609.3 4.1.3(11), 4.26.2
213.2, 604.5.1 4.1.3(11), 4.16.4
213.2, 604.3* 4.1.3(11), 4.16.2

FDC: The shower wall will be furred out to place the grab bar out from underneath the shower control box.

There must be at least 1 1/2" of clear space below the grab bar.

The flush valve stem reduces the clear space to 1/2". FDC will replace/lower the flush valve to ensure there is at least 1 ½” of clear space below the grab bar.

The sidewall grab bar at the toilet must be at least 42" It is 13 1/2" from the rear wall.

long, must be within 12" of the rear wall, and must extend

at least 54" from the rear wall.

FDC will reposition 42” side grab to meet standards (12”

from rear wall for overall total length of 54”).

Clear floor space at the toilet must be at least 60" wide and 56" deep.

The adjacent toilet reduces the toilet clear floor space to only about 56" wide. FDC will relocate the adjacent toilet (or remove the second toilet) to provide required clearance for accessible toilet.

4052 4056 4058, 4060
Page 39 of 245

99 100 213.2, 609.3
101

4.1.3(11), 4.26.2

102 213.2, 608.2.1 4.1.3(11), 4.21.2

213.2, 604.5.1 4.1.3(11), 4.16.4

103

EXHIBIT D

Infirmary: Isolation Cell (A-147A):

There must be at least 12" of clear space above the grab The shower control box reduces the clear space to 3 1/2"

4089

bar.

above the control wall grab bar.

FDC: The shower wall will be furred out to place the grab

bar out from underneath the shower control box.

Measured at the center points, the transfer shower must be 36" by 36", exactly.

It is 40 1/4" wide by 48" deep.
FDC will renovate the shower to the required 36” x 36” transfer shower stall

4082 - 4084

The sidewall grab bar at the toilet must be at least 42" It is only 18" long. The front end of the grab bar is only

long, must be within 12" of the rear wall, and must extend 21" from the rear wall.

at least 54" from the rear wall.

FDC will renovate toilet/sink area to provide adequate

wall space to mount 42” grab bar with 12” clearance.

4078, 4079

Classification: Waiting Room:

Page 40 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

104 211, 602.7 4.1.3(10),

Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 35 1/2" above the must be at least two spouts on that floor. One spout must floor. be no higher than 36" above the floor. The other spout FDC will remove existing water fountain. must be mounted between 38" and 43" above the floor.

Photos 3850, 3851

105 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is into the circulation path by more than 4" if the underside 29 1/2" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

Refer to Line 104 – water fountain to be removed.

106

Classification: Waiting Room Toilet Room:

107 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach. The maneuvering space extends only about 11" beside the

4.13.6

Therefore, the maneuvering space must be 60" deep and latch side of the door.

must extend 18" to the side of the latch.

Refer to Line 104 – water fountain to be removed.

3850, 3851 3850

108 213.2, 603.2.1 4.1.3(11), 4.22.3
109

Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The turning space is only 47" wide. FDC will close this restroom.

213.2, 604.2* 4.1.3(11), Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 1/2" from the sidewall.

4.16.2

ADA Standards permit the centerline to be 16" to 18" Refer to Line 109 – restroom will not be available

from the sidewall.

for use by inmates.

110

Exterior:

111

Beauty Shop:

112 206.5, 404.2.5 4.1.3(7)&(8), The top of the threshold cannot be more than 1/2" above At the entrance, the top is 1" above the landing.

4.13.8

the landing on both sides. If it is taller than 1/4", it must FDC will bevel the stone threshold to compliant height.

be beveled 1:2.

113

Toilet Facilities:

114 206.1, 403.3 4.1.2(1) & (2), Accessible route cannot have a cross slope that is more Along the walkway to the accessible fixtures, the

4.1.3(1), 4.3.7 than 2%.

accessible route has a cross slope that ranges between 3%

and 3.4%.

115

FDC will add concrete to create a level surface that

complies with a 2% slope max.

3867 - 3870 3860, 3861 3483, 3484 3363 - 3366

Page 41 of 245

204.1, 307.2

EXHIBIT D

4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The undersides of both drinking fountains are more than 27" high and protrude about 6" into the circulation path.
FDC will install cane detection aprons to the standard water fountain.

3386, 3388 3392

Page 42 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

116 211, 602.2 117

4.1.3(10), 4.15.5

118 213.3, 606.5 4.1.3(11), 4.19.4
119 213.2, 604.5.1 4.1.3(11), 4.16.4
213.2, 604.2* 4.1.3(11), 4.16.2
120 121 232.3, 807.2.3 232.3,

122

Knee and toe space under the drinking fountain must be at least 17" deep.

The knee space under the drinking fountain is only 12" deep. FDC will replace one (1) existing water fountain with accessible water fountain that provides knee/toe clearances

Pipes under the lavatory or sink must be insulated to

The pipes under the accessible lavatory are not insulated.

protect a person from burns and from sharp or abrasive FDC will install stainless-steel shield tapered to comply

edges.

with the toe and knee clearances.

The sidewall grab bar at the toilet must be at least 42" cItleisar1a3n"cefrso. m the rear wall.

long, must be within 12" of the rear wall, and must extend FDC will reposition 42” side grab to meet standards (12”

at least 54" from the rear wall.

from rear wall for overall total length of 54”).

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 21 1/4" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to the

from the sidewall.

proper distance (centerline of toilet 16” – 18” from wall).

Housing:
In cells having more than 25 beds, at least 5% of the beds There are 87 beds in each of 10 dormitories. Each

shall have a 30" by 48" clear floor space parallel to the dormitory serves the same purpose. Therefore, each

side of the bed.

dormitory must have at least 5 beds on an accessible route

and have the clear floor space. I reviewed N-Dorm. The

other 9 were assumed to be the same.

FDC: This is not an area of non-compliance.

Photos
3388 3374 3379 3382, 3383

232.3, 123

232.3,

Housing cells are provided in this area. Therefore, at least 3% serving each purpose must be accessible.

I surveyed a cell block in T-Dorm. It has 120 cells, 4 of which are accessible. I assume the other 2 cell block buildings are the same.

Page 43 of 245

232.2,

232.2,

124 125 227.3, 904.4* 7.2(2),

EXHIBIT D
Housing cells are provided in this area. Therefore, at least 2% serving each purpose must be cells with communication features.

I surveyed a cell block in T-Dorm. It has 120 cells, none of which have communications features. I assume the other 2 cell block buildings are the same. This suit is focusing only on mobility issues and features. A TDD is available at every guard station for inmate use.

N-Dorm: A 36"-wide portion of the service counter must be no higher than 36".

The entire pass-thru counter from the security station is 50 1/4" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the accessible counter to extend the same depth as the inaccessible counter and it is not.
FDC staff will alternatively deliver the services by having a dorm officer leave the officer’s station to receive or issue items to inmates in wheelchairs.

3470, 3471

Page 44 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

126 211, 602.7 4.1.3(10),

Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 35" above the must be at least two spouts on that floor. One spout must floor. be no higher than 36" above the floor. The other spout FDC will adjust water fountain with spout mounted must be mounted between 38" and 43" above the floor. between 38” and 43” above the floor (with cane
detection apron) and install a water fountain with spout mounted no higher than 36” above the floor.

Photos 3420, 3421

127 204.1, 307.2

4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The underside is accessible drinking fountain is 28 1/2" high and protrudes 8" into the circulation path. Refer to Line 126 – cane detection apron to be installed to standard fountain.

128 213.3, 606.4 4.1.3(11), 4.19.5

129 213.2, 608.4, 4.1.3(11),

610.3

4.21.3

The lavatory faucet must be operable without tight grasping, tight pinching, or twisting of the wrist.

The faucet has levers that are only about 3/4" long. The levers may require tight grasping or more than 5-pounds force to operate. FDC will replace faucet lever handles with ADA compliant faucet lever handles

Shower seat may be rectangular or L-shaped. The side of The wider side is only 20" and the narrower side is only the seat must be within 3" of the compartment entry. The 11". front edge of rectangular seats must be 15" to 16" from FDC will replace the shower seat with ADA compliant the seat wall. For L-shaped seats, the front edge of the shower seat mounted to ADA specifications. narrow side must be 15" to 16" from the seat wall and the wider side must be 22" to 23" from the seat wall and along the back wall.

130 213.2, 609.3 4.1.3(11), 4.26.2

There must be at least 12" of clear space above the grab bar.

The shower control box reduces the clear space to 0" above the grab bar on the back wall. FDC: The shower wall will be furred out to place the grab bar out from underneath the shower control box.

3420, 3421 3431
3460 - 3463
3457

Page 45 of 245

131 213.2, 604.8.2.3

4.1.3(11), 4.22.4

132 213.3, 604.4 4.1.3(11), 4.22.4

133 213.2, 604.8.1.5*

4.1.3(11), 4.17.6

EXHIBIT D
In an ambulatory stall, the sidewall grab bar in a stall must be at least 40", must be within 12" of the rear wall, and extend at least 52" from the rear wall.

The grab bar is only 36" long. The front end is 37 1/2" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at 54" from the rear wall. FDC will renovate ambulatory stall to provide adequate wall area to mount 42” grab bar (with 12” clearance to side wall) on both sides of stall.

In the ambulatory stall, the toilet seat must be 17" to 19" above the floor.
In a stall, the sidewall grab bar in a stall must be at least 40", must be within 12" of the rear wall, and extend at least 52" from the rear wall.

The toilet seat in the ambulatory stall is only 16" high. FDC will replace toilet with ADA compliant toilet with top of seat 17” – 19” above floor.
The grab bar is only 36" long. The front end is 38" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at least 54" from the rear wall. FDC - Refer to Line 131 – ambulatory stall to be renovated.

3449, 3450
3447, 3448 3441, 3442

Page 46 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

134 213.2, 604.2* 4.1.3(11), 4.16.2
135 227.3, 904.4* 7.2(2),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 1/2" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate wheelchair

from the sidewall.

accessible toilet to the proper distance (centerline of toilet 16” – 18” from wall).

A 36"-wide portion of the service counter must be no higher than 36".

The pass-thru at the towel counter is 38 1/4" above the floor. Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement.

Photos
3437, 3438 3466, 3467

136 137 232.3, 807.2.4 §35.151(k),
138
139
232.3, 807.2.4, §35.151(k), 903

T Dorm: Holding Cell: Accessible holding cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.
A bench is provided. It must be 17" - 19" above the floor, must be 20" to 24" deep and 42" long, and must have a back support along the 42" side.

Clear space is only 41 1/2" wide by 41" deep. FDC staff will not use the confinement holding cell for wheelchair users. Instead, FDC will alternatively deliver any need for a secured environment by keeping a wheelchair user in either the administrative or disciplinary confinement cell the inmate was being housed in. If the inmate was not already assigned to a confinement cell, she would remain in the main area under supervision until she can be placed in a compliant confinement cell.

3774 - 3777

The bench is only 12" deep.

3775

FDC: Refer to Line 137-138 – Holding cell will not be

used for wheelchair user.

232.3, 807.2.4, §35.151(k), A 30" by 48" clear floor space must be positioned at the No clear floor space is positioned to the side of the bench.

3776

903.2

end of the bench, parallel to the short side.

FDC: Refer to Line 137-138 – Holding cell will not be

used for wheelchair user.

Page 47 of 245

EXHIBIT D

140

Cell Block T-4:

141 204.1, 307.4 4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least FDC will paint the underside of the stairs and add

3809

80" above the floor.

textured tape with raised bumps under the stair outline to

serve as a warning to inmates with low vision or who are

blind.

142

211, 602.7 4.1.3(10), Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 36" above the

3784

must be at least two spouts on that floor. One spout must floor.

be no higher than 36" above the floor. The other spout FDC will raise existing water fountain (spout

must be mounted between 38" and 43" above the floor. between 38” – 43” above floor) with cane detection

and install new water fountain with spout mounted

no higher than 36” above the floor.

143 144 213.2, 603.2.1 4.1.3(11),
4.22.3
145
146
213.2, 608.2.1 4.1.3(11), 4.21.2

Cell Block T-4: Shower: Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The turning space in the shower room is only 36" by 56 1/4". Plaintiff will not require these changes as part of the Settlement Agreement.

Measured at the center points, the transfer shower must be 36" by 36", exactly.

It is 37" wide. Plaintiff will not require these changes as part of the Settlement Agreement.

3790 - 3795 3794, 3795

213.2, 608.4 4.1.3(11), A seat is provided in the shower. It must extend the full The shower seat is 2 1/2".

3800

4.21.3

length of the seat wall to within 1 1/2" of the back wall FDC will adjust the shower seat to comply with

and to within 3" of the compartment entry.

dimensions.

Page 48 of 245

EXHIBIT D

Line #

Lowell Correctional Institution Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

147 213.2, 609.3 148

4.1.3(11), 4.26.2

There must be at least 12" of clear space above the grab FDC: The shower wall will be furred out to place the grab

bar.

bar out from underneath the shower control box.

Photos 3803

149 213.2, 608.3 4.1.3(11),

In showers, the grab bars must extend the entire length of The control wall grab bar is about 12" from the corner.

3801

4.21.4

the wall. At corners, grab bars must be within 6" of the FDC will replace the shower grab bar.

corners.

213.2,

4.1.3(11), In a transfer shower, the controls must be on the wall The controls are mounted between the centerline and the

3801

608.5.1*

4.21.5

opposite the seat and mounted within 18" of the clear back wall. In that is does not comply with the 1991 ADA

floor space.

Standards it must be remediated to the 2010 ADA

Standards, which requires the controls to be within 15" of

the centerline to the open side of the shower.

Plaintiff will not require these changes as part of the

Settlement Agreement.

150 151 232.3, 807.2.4 §35.151(k),
152

Housing Cells: (T-1102 surveyed) Accessible housing cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

Cell T-1101 appears to have the same issues. The turning space is only 57" wide. FDC will construct a 3” narrower bunk in order to provide the 60” turning space.

213.2, 609.3 4.1.3(11), 4.26.2
153

Clear space between the grab bars and the walls must be 1 There is about 2" clear space between the rear grab bar

1/2", exactly.

and the wall.

FDC will adjust or replace the grab bars to have the

proper clearance dimensions.

3816 - 3819 3826
Page 49 of 245

EXHIBIT D

Lowell Correctional Institution - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

1

Most of Lowell Correctional Institution appears to have

been constructed before March 7, 1988. The parts of the

facility that were altered since July 26, 1992 and the parts

that are used to provide programs, services, and activities

to persons with disabilities must comply with alterations

provisions of 1991 ADA Standards. The 2010 Standards

were used for areas in the facilities where supplemental

scoping or technical requirements for detention facilities

are provided. (35.151(k)).

Barriers

Photos

2
3 4 5 204.1, 307.2
6

4.1.6,(1), 4.1.3(2), 4.4.1

Common Use Buildings:
Visitation: The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

I was told by the Department of Corrections that only portions of the facility are used by inmates with disabilities. Those areas Education, Chapel, Wellness, Visitation, Infirmary, and I-Dorm.
The underside of the standard height drinking fountain is 33" high and protrudes 8" into the circulation path. FDC will install cane detection apron on standard water fountain.

204.1, 307.2

4.1.6,(1), 4.1.3(2), 4.4.1

Objects may not protrude into the circulation path by more than 4" if the underside is more than 27" but less than 80" above the floor.

7

Visitation, Inmates Toilet Room:

The underside of the fire extinguisher cabinet is about 36" above the floor and projects about 6" into the circulation path. FDC will confer with Fire Marshal to find appropriate location for fire extinguisher that will meet ADA standards.

3310, 3311 3340

Page 50 of 245

EXHIBIT D

8 206.1, 403.3 4.1.6,(1),

Accessible route cannot have a cross slope that is more

4.1.2(1) & (2), than 2%.

4.1.3(1), 4.3.7

9

10

213.3.5, 603.3 4.1.6,(1),

Where mirrors are provided, at least one shall have the

4.1.3(11), 4.19.6 bottom of the reflective edge within 40" of the floor.

213.3, 606.5

4.1.6,(1),

Pipes under the lavatory or sink must be insulated to

4.1.3(11), 4.19.4 protect a person from burns and from sharp or abrasive

edges.

A drain is in the accessible route. The cross slope is 4.7%. FDC: Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the settlement agreement. DRF would ask FDC to consider whether an inexpensive change can be made if the drain has an adjustable sleeve, or if a collar can be added to the drain along with grout to reduce the slope.
The reflective surface of the mirror is mounted 41" above the floor. FDC will lower the mirror down an inch.
The pipes under the accessible lavatory are not insulated. FDC will install stainless-steel shield tapered to comply with the toe and knee clearances.

3336, 3337
3324, 3325 3322

Page 51 of 245

EXHIBIT D

Lowell Correctional Institution - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

11 12 221,

4.1.6,(1), 4.1.3(19)(a),

Chapel: Fixed assembly seating is provided. Therefore, accessible wheelchair spaces must be provided.

13

There are about 60 seats. Therefore, 4 wheelchair spaces are required. However, no wheelchair spaces appear to be provided in the seating area. Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement as long as sufficient space continues to be made available so that safe entry, exit and evacuation are made possible.

221.4*,

4.1.6,(1), 4.1.3(19)(a),

Fixed assembly seating is provided. Therefore, 1% of the There are about 60 fixed assembly seats. Therefore, 2

fixed seats must be aisle seats with no armrests on the aisle seats must have no armrest or have a removable

aisle side, or have removable or folding armrests on the armrest. None is provided. These seats are not dispersed

aisle side. These seats must be dispersed among all

among all seating categories. Notification signage is not

seating categories. Signage notifying patrons of the

provided. In that it does not comply with the 1991 ADA

availability of such seats must be posted at the ticket

Standards, it must be remediated to the 2010 ADA

office.

Standards, which requires 5% of the aisle seats to comply.

There are about 12 aisle seats. Therefore, 1 must comply.

Although FDC and DRF disagree about whether FDC is

in non-compliance, DRF will not require changes as part

of the Settlement Agreement.

Photos 3071

14

Chaplain's Office:

Page 52 of 245

15 206.5, 404.2.3 4.1.6,(1), 4.1.3(7)&(8), 4.13.5

EXHIBIT D
Doors that are part of the accessible route must have a minimum clear opening of 32" when the door is open 90 degrees.

The clear opening of the office door is 27 1/2". As an alternative deliver, FDC will utilize an accessible space outside the chaplain’s office, but within the chapel, for meeting with wheelchair users that will afford the same degree of privacy as would occur during a meeting in the chaplain’s office.

2975, 2976

16 17 226.1, 902.2
18 19 213.2,
20 21 226.1, 902.2
22

4.1.6,(1), 4.1.3(18), 4.32

Chapel Library: Seating is provided at tables. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep.

4.1.6,(1), 4.1.3(11),

Chapel Library: Toilet Room: Each public and common use toilet room must be accessible.

4.1.6,(1), 4.1.3(18), 4.32

Library: Seating is provided at tables. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep.
Education:

The knee space is only about 28" wide and about 26 1/4" tall. ADA inmates will not be using the chapel since ADA inmates will only be housed in the palliative care section of Lowell Main Unit and all chapel services/programs will be provided in the dorm to wheelchair users as well as all other ADA inmates.
It does not have any accessible features. ADA inmates will not be using the chapel since ADA inmates will only be housed in the palliative care section of Lowell Main Unit and all chapel services/programs will be provided in the dorm to wheelchair users as well as all other ADA inmates.
In the Library, all the tables have pedestals with feet that block the wheelchair space under the table. FDC will replace at least 5% of current seating with ADA compliant tables.

2978 - 2981 2982 - 2985
2968

Page 53 of 245

EXHIBIT D

Lowell Correctional Institution - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

23 206.1, 403.3 24 25

4.1.6,(1), 4.1.3(1), 4.3.7

Accessible route cannot slope more than 8.33% and

The accessible route to the north entrance of the

cannot slope more than 5% without having ramp features. Education Building has a slope of that ranges between

6.1% and 8.3% and does not have handrails or landings at

the top, bottom, and every 30" of rise.

ADA inmates will not be accessing the education

building since ADA wheelchair inmates will only be

housed in the palliative care section of Lowell Main Unit

and any education/services will be provided in the dorm.

Photos
2950, 2951, 2953, 2954

206.5, 404.2.2 4.1.6,(1),

26

4.1.3(7)&(8),

4.13.4

27

Where there is a pair of doors, a minimum clear opening of 32" through a single door must be provided.

At the north entrance, the clear opening of a single door is 30". ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.

28 206.5, 404.2.4.4

4.1.6,(1), 4.1.3(7)&(8), 4.13.6

Maneuvering space at the door cannot slope more than 2%.

206.1, 403.3

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7

Accessible route cannot have a cross slope that is more than 2%.

The maneuvering space at the south entrance has a slope of 4.3%. ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.
Between the south entrance and the intersecting sidewalk, the accessible route has a cross slope of 3.7%. ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.

2956, 2957 3061, 3062 3063, 3064

Page 54 of 245

206.5, 404.2.2 4.1.6,(1), 4.1.3(7)&(8), 4.13.4

211, 602.7

4.1.6,(1), 4.1.3(10),

29

EXHIBIT D

Where there is a pair of doors, a minimum clear opening of 32" through a single door must be provided.

The clear opening of a single door is 30". ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.

Where drinking fountains are provided on a floor, there There is only one spout. It is mounted about 41" above must be at least two spouts on that floor. One spout must the floor. be no higher than 36" above the floor. The other spout FDC will replace the existing water fountain with an must be mounted between 38" and 43" above the floor. ADA compliant high/low water fountain (with cane
detection on standard height fountain).
Classroom with Computers: (Surveyed Room 7)

2956, 2957 2997

30 226.1, 902.2

4.1.6,(1), 4.1.3(18), 4.32

Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.

31

Classroom with Computers: (Surveyed Room 10)

At the computer station, the knee space is only 23" wide. ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.

3046 - 3050

32 226.1, 902.2

4.1.6,(1), 4.1.3(18), 4.32

Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.

At the computer station, the knee space is only 24" tall. ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.

2959, 2960

Page 55 of 245

EXHIBIT D

Lowell Correctional Institution - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

Photos

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

33 226.1, 902.2

4.1.6,(1), 4.1.3(18), 4.32

Seating is provided at tables. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep.

34 35 226.1, 902.2

4.1.6,(1), 4.1.3(18), 4.32

Pearson Test Room: Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.

The tables have pedestals with feet that block the wheelchair space under the table. ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.
At the computer station, the knee space is only 24 1/4" tall and 26 1/2" wide. ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.

2964 2992 - 2995

36
37 206.5, 404.2.3 4.1.6,(1), 4.1.3(7)&(8), 4.13.5
38

Education: Toilet Room:

Doors that are part of the accessible route must have a minimum clear opening of 32" when the door is open 90 degrees.

The clear opening of the entry door is 30 1/2". ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.

3004, 3005

213.3, 606.2 39

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 7 1/2" from the front

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a edge of the counter.

point 9" above the floor, the knee space must extend to a ADA inmates will not be accessing the education

plane that is within 6" of the faucet and other operable building since ADA wheelchair inmates will only be

parts. This point is at least 11" from the front edge of the housed in the palliative care section of Lowell Main

counter.

Unit and any education/services will be provided in

the dorm.

3019 - 3026

Page 56 of 245

EXHIBIT D

213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide

4.1.3(11), 4.16.2 and 56" deep.

The adjacent toilet reduces the toilet clear floor space to only 46 3/4" wide. ADA inmates will not be accessing the education building since ADA wheelchair inmates will only be housed in the palliative care section of Lowell Main Unit and any education/services will be provided in the dorm.

40 41 211, 602.7

4.1.6,(1), 4.1.3(10),

Wellness Center: Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 36 1/2" above the must be at least two spouts on that floor. One spout must floor. be no higher than 36" above the floor. The other spout FDC will install high/low water fountain with cane must be mounted between 38" and 43" above the floor. detection apron on standard water fountain.

3013, 3014 3346, 3347

Page 57 of 245

EXHIBIT D

Lowell Correctional Institution - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

42 204.1, 307.2 43

4.1.6,(1), 4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The underside of the standard height drinking fountain is 30 1/2" high and protrudes 8" into the circulation path. Refer to Line 42 – cane detection apron to be installed on standard height water fountain

Photos 3346, 3347

226.1, 902.2

4.1.6,(1), 4.1.3(18), 4.32

Seating is provided at tables. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep.

All the tables have pedestals with feet or braces that block the wheelchair space under the table. FDC will replace at least 5% of current seating with ADA compliant tables.

3344, 3349, 3350

44 45 213.2,

4.1.6,(1), 4.1.3(11),

Wellness: Toilet Room: Each public and common use toilet room must be accessible.

It does not have any accessible features. FDC will determine accessible restroom closest to Wellness Center and post directional signage.

3351 - 3358

46

Infirmary Exam Area:

47 227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no

higher than 36".

48

Outside the Infirmary entrance, the pass-thru window is 40 1/2" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

§35.151,

, §35.151,

49

An eyewash is provided. Knee space must be provided underneath the eyewash that is at least 30" wide, 27" tall, and 17" deep. Infirmary: Waiting Room Toilet Room:

No knee space is provided under the eyewash. FDC will contact vendor to replace with compliant model.

3202, 3204 3236

Page 58 of 245

EXHIBIT D

50 206.5, 404.2.7 4.1.6,(1),

The door hardware must be operable without tight

The entry door has a knob that requires tight grasping and

3208

4.1.3(7)&(8), grasping, tight pinching, or twisting of the wrist.

twisting to operate.

4.13.9

FDC will replace entry door handle with ADA compliant

51

door lever handle.

213.3, 606.5 4.1.6,(1),

Pipes under the lavatory or sink must be insulated to

The pipes under the accessible lavatory are not insulated.

3209

52

4.1.3(11), 4.19.4 protect a person from burns and from sharp or abrasive FDC will install stainless-steel shield tapered to comply

edges.

with the toe and knee clearances.

213.3, 606.4 4.1.6,(1),

The lavatory faucet must be operable without tight

The faucet has levers that are only 1" long. The levers

3209

53

4.1.3(11), 4.19.5 grasping, tight pinching, or twisting of the wrist.

may require tight grasping or more than 5-pounds force to

operate.

FDC will replace faucet handles with ADA compliant

faucet lever handles on lavatory outside stall area.

213.2,

4.1.6,(1),

The door hardware on the toilet stall must be operable The stall door is not self-closing and does not have a

3224

604.8.1.2

4.1.3(11), 4.17.5 without tight grasping, tight pinching, or twisting of the handle on the pull side.

wrist.

FDC will install an ADA compliant pull handle to

assist in closing the stall door.

Page 59 of 245

Lowell Correctional Institution - Accessibility Report

Line # Citation for Citation for

Description/Issue/RequiremeEnXt HIBIT D

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

54 213.2, 604.8.1.5*
55

4.1.6,(1),

The rear grab bar must be at least 36" long. It must

4.1.3(11), 4.16.4 extend from the toilet centerline to at least 12" in each

direction.

The rear grab bar is only 30" long. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. FDC will remove lavatory and replace existing grab bar with compliant 36” grab bar, mounting to required specifications.

213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide The lavatory overhangs the toilet clear floor space. The

4.1.3(11), 4.16.2 and 56" deep. The lavatory may overhang the toilet clear side of the lavatory is only 16 1/2" from the centerline of

floor space to a point within 18" of the centerline of the the toilet. In that it does not comply with the 1991 ADA

toilet.

Standards, it must comply with the 2010 ADA Standards

56

which does not permit the lavatory within the 60" by 56"

clear floor space.

Refer to Line 54 – lavatory to be removed from accessible

toilet stall

213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to the

from the sidewall.

proper distance (centerline of toilet 16” – 18” from wall).

57

Infirmary: Bathroom:

58 213.3.5, 603.3 4.1.6,(1),

Where mirrors are provided, at least one shall have the

4.1.3(11), 4.19.6 bottom of the reflective edge within 40" of the floor.

59 213.3, 606.4
60

4.1.6,(1),

The lavatory faucet must be operable without tight

4.1.3(11), 4.19.5 grasping, tight pinching, or twisting of the wrist.

61 213.3, 606.5

4.1.6,(1),

Pipes under the lavatory or sink must be insulated to

4.1.3(11), 4.19.4 protect a person from burns and from sharp or abrasive

edges.

The reflective surface of the mirror is mounted 54" above the floor. FDC will lower the mirror to the ADA compliant measurements or remove mirror. The faucet has knobs that require twisting of the wrist to operate. Refer to Line 54 – lavatory to be removed from accessible toilet stall; new HC lavatory will have compliant lever handles The pipes under the accessible lavatory are not insulated. FDC will install tapered shield to HC lavatory located outside of stall

Photos
3218 3218, 3219
3221 3262, 3264
3262 3262

Page 60 of 245

EXHIBIT D

213.2, 608.2.1 4.1.6,(1),

Measured at the center points, the transfer shower must

62

4.1.3(11), 4.21.2 be 36" by 36", exactly.

It is 41 1/2" wide by 48" deep. FDC will renovate transfer shower area to compliant size.

63

3250 - 3253

§35.133, 213.2, 609.3

, §35.133,

Accessible features must be maintained and operable. The shower seat is broken.

FDC will repair or replace the shower seat.

4.1.6,(1),

Clear space between the grab bars and the walls must be 1 There is 1 3/4" to 2" clear space between the rear grab

4.1.3(11), 4.26.2 1/2", exactly.

bar and the wall.

FDC will replace the grab bar that will comply with

the spacing requirements.

3248 3278, 3279

Page 61 of 245

EXHIBIT D

Lowell Correctional Institution - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

64 213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 22" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" from the sidewall.

FDC will make adjustment(s) to relocate toilet to the proper distance (centerline of toilet 16” – 18” from wall).

65

Infirmary: Holding Cell:

66 232.3,

4.1.6,(1),

Holding cells are provided in this area. Therefore, at

There are several holding cells, all serving the same

§35.151(k), least one serving each purpose must be accessible.

purpose. None has accessible features.

FDC will renovate holding cell for accessibility.

Photos
3283, 3284 3285 - 3297

67 68 69 232.3,
70

Housing:
I-Dorm: (Palliative Care) 4.1.6,(1), 232.3, Housing cells are provided in this area. Therefore, at
least 3% serving each purpose must be accessible.

There are 34 cells in the I-Dorm. All appear the same. Two must be accessible. FDC: This is not an area of non-compliance.

206.1, 403.3 71

4.1.6,(1), 4.1.3(1), 4.3.7

72

Accessible route cannot slope more than 8.33% and

Portions of the accessible route from the Education

cannot slope more than 5% without having ramp features. Building to the I-Dorm have a slope of 6.4% and does not

have handrails or landings at the top, bottom, and every

30" of rise.

FDC will make renovations to the accessible route if

wheelchair users are allowed to navigate the area without

assistance.

3076 – 3080

73

Page 62 of 245

206.1, 403.3 74 75
206.1, 403.3
206.5, 404.2.4.4 226, 902.2* 211, 602.2

EXHIBIT D

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7
4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7

Accessible route cannot have a cross slope that is more Near the I-Dorm, between the two intersecting walkways,

than 2%.

the accessible route has a cross slope that ranges between

4.9% and 3%.

FDC will make renovations to the accessible route if

wheelchair users are allowed to navigate the area without

assistance.

Accessible route cannot have a cross slope that is more Under the canopy, where the accessible route turns from

than 2%. Where the accessible route turns the cross slope the Education Building toward the I-Dorm, the cross

is measured in two directions.

slope is 4.7%.

FDC will make renovations to the accessible route if

wheelchair users are allowed to navigate the area

without assistance.

4.1.6,(1), 4.1.3(7)&(8), 4.13.6

Maneuvering space at the door cannot slope more than 2%.

4.1.6,(1),

There is a common use work surface. Toe space must

4.1.3(18), 4.32.3 extend 17" underneath.

4.1.6,(1),

Knee space under the drinking fountain must be at least

4.1.3(10), 4.15.5 27" high for a depth of at least 8".

The maneuvering space at the entrance has a slope of 6.9%. FDC will make renovations to the accessible route if wheelchair users are allowed to navigate the area Twhiethkonueteasspsiasctaenicse2.6" high. FDC will replace at least 5% of current tables seating with ADA compliant tables.
It is only 24 1/2" high. FDC will replace existing water fountain with ADA compliant accessible water fountain.

3081, 3082, 3085, 3086
3087, 3089
3194, 3195 3123, 3124 3099, 3101

Page 63 of 245

EXHIBIT D

Lowell Correctional Institution - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

76 213.3, 606.5 4.1.6,(1),

Pipes under the lavatory must be insulated to protect a

4.1.3(11), 4.19.4 person from burns and from sharp or abrasive edges.

77

In both the shower room and toilet room, part of the drain pipe is not covered. FDC will cover drain pipe(s).

Photos
3137, 3156, 3157

213.2, 609.3 4.1.6,(1),

There must be at least 12" of clear space above the grab The shower control reduces the clear space to about 3/4"

3144

78

4.1.3(11), 4.26.2 bar.

above the grab bar on the shower control wall. FDC: The shower wall will be furred out to place the grab

bar out from underneath the shower control box.

213.2, 609.4* 4.1.6,(1),

The centerline of the grab bars must be between 33" and The centerline of the grab bars at the shower are 31"

79

4.1.3(11), 4.26.2 36" above the floor.

above the floor. In that it does not comply with the 1991

ADA Standards, it must comply with the 2010 ADA

Standards which require the top of the grab bars to be

80

between 33" and 36" above the floor.

FDC will reposition grab bars to compliant height (33” –

36” to top of gripping surface).

3143, 3144

206.1, 403.3

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7

Accessible route cannot have a cross slope that is more than 2%.

A drain in the shower are part of the accessible route.
The cross slope at the drain is 12.7% and the cross slope
elsewhere in the shower is 3.8%.
FDC: Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the settlement agreement. DRF would ask FDC to consider whether an inexpensive change can be made if the drain has an adjustable sleeve, or if a collar can be added to the drain along with grout to reduce the slope.

3149 - 3152

Page 64 of 245

213.2, 604.8.1.5*

EXHIBIT D

4.1.6,(1),

The rear grab bar must be at least 36" long. It must

4.1.3(11), 4.16.4 extend from the toilet centerline to at least 12" in each

direction.

81 82 232.3, 807.2.4 §35.150,
§35.151(k),
83

Cell: (Surveyed 1101) Accessible housing cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The rear grab bar extends only 10" to the wall side of the toilet. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. FDC will reposition rear grab bar to meet standards (12” from centerline of toilet to side wall and 24” minimum on open side at compliant height (33”-36” to top of gripping surface)
The turning space is only 44" wide. FDC will renovate the affected cell as needed to provide the required turning space.

3187
3106, 3108, 3109, 3115

205, 309* 4.1.6,(1),

Operable parts in public and common use areas, including The clear floor space for the window is blocked by the

3102

4.1.3(13), 4.27.2 employee common use areas, must be on an accessible storage locker and bed.

route, must have a level 30" by 48" clear floor space,

FDC will mount locker on wall to provide clear floor

must be within reach, and must be operable with one hand space.

and without tight grasping, tight pinching, or twisting of

the wrist.

Page 65 of 245

EXHIBIT D

Lowell Correctional Institution - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

84 205, 309.3* 85

4.1.6,(1),

Operable parts must be within reach. A side reach over

4.1.3(13), 4.27.3 an obstruction is required. If the obstruction is no more

than 34" tall and no more than 24" deep, then the

operable part must be within 46" of the floor. If the

obstruction is more than 34" tall, then the operable part

must be within 10" of the front edge and must be within

48" of the floor.

The window control is about 70" above the floor. Inmates are not authorized to open/close windows and therefore this should not be accessible to an inmate.

Photos 3102, 3110

Page 66 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

1

Most of RMC appears to have been constructed before

July 26, 1992. The parts of the facility that were altered

since July 26, 1992 and the parts that are used to provide

programs, services, and activities to persons with

disabilities must comply with alterations provisions of

1991 ADA Standards. The 2010 Standards were used for

areas in the facilities where supplemental scoping or

technical requirements for detention facilities are

provided. (35.151(k)).

Barriers

Photos

2

3

Common Use Buildings:

4

Sallyport:

5 206.1, 406.1 4.1.6,(1),

Slope of curb ramp cannot exceed 8.33%.

4.1.2(1) & (2),

4.7.2

6

Processing:

7 227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no

higher than 36".

8

I was told by the Department of Corrections that the portions of the facility used exclusively for long-term inmates are not used by inmates with disabilities. Those areas include buildings A, B, and I.

The curb ramp has a slope of 21.1% at the bottom and 12.3% at the top. FDC will re-design curb ramp to meet ADA standards.

8003, 8004, 8006, 8007

The intake counter is 41 1/2" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the accessible counter to extend the same depth as the inaccessible counter and it is not. This counter is not for inmate use and therefore no changes are required.

8028, 8029

Page 67 of 245

EXHIBIT D
227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no higher than 36".

The property counter is 40 3/4" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the accessible counter to extend the same depth as the inaccessible counter and it is not. FDC will modify existing counter or add a required compliant counter space adjacent to existing counter space.

8073, 8074

Page 68 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

9 205, 309.3*

4.1.6,(1),

Operable parts must be within reach. A side reach over

4.1.3(13), 4.27.3 an obstruction is required. If the obstruction is no more

than 34" tall and no more than 24" deep, then the

operable part must be within 46" of the floor. If the

obstruction is more than 34" tall, then the operable part

must be within 10" of the front edge and must be within

48" of the floor.

The bench is 19" tall and the telephone is 15 3/4" from the front edge and 48 3/4" above the floor. Therefore, the telephone is out of reach. FDC will remove bench below phone farthest from barber chair to provide reach range for wheelchair user.

Photos 8077 - 8082

10 11 213.3, 606.2

Processing: Bathroom:

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 9" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install stainless-steel shield tapered to comply

plane that is within 6" of the faucet and other operable with the toe and knee clearances.

parts. This point is at least 11" from the front edge of the

counter.

213.3.6, 608.2 4.1.6,(1),

Clear floor space outside the shower must be at least 36" There is no clear floor space adjacent to and

4.1.3(11), 4.21.2 wide. For roll-in showers it must extend the length of the perpendicular to the seat wall.

shower. For transfer showers, it must be at least 48" long. FDC will remove bench and use as roll-in

The clear floor space must be adjacent to and

shower.

12

perpendicular to the seat wall.

213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide The urinal reduces the toilet clear floor space to only 55

4.1.3(11), 4.16.2 and 56" deep.

1/2" wide.

FDC will remove urinal from this toilet area.

8033, 8035 8064
8045, 8047

13 14 15 206.5,
404.2.4.4

4.1.6,(1), 4.1.3(7)&(8), 4.13.6

Visitation: Maneuvering space at the door cannot slope more than 2%.

The maneuvering space at the door to the outside visiting area has a slope of 4%. FDC will re-pour concrete to make compliant.

8159, 8160

Page 69 of 245

204.1, 307.2 16

4.1.6,(1), 4.1.3(2), 4.4.1

EXHIBIT D

The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The underside of the standard height drinking fountain is 32 1/2" high and protrudes 8" into the circulation path. FDC will install cane detection apron on standard height water fountain.

8099, 8101

Page 70 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

17 226, 902.2* 4.1.6,(1),

There are common use tables. Knee space underneath

4.1.3(18), 4.32.3 must be at least 27" high.

The knee space under the visiting table is only 26" high. FDC will replace tables with ADA compliant tables.

18 19 206.5,
404.2.4.4 20
213.3, 606.2
213.2, 604.8.1.2
21

4.1.6,(1), 4.1.3(7)&(8), 4.13.6

Visitation, Inmates Toilet Room: Maneuvering space at the door cannot slope more than 2%.

The threshold ramp extends into the maneuvering space and creates a slope of 9.5%. FDC will re-construct threshold approach to make compliant.

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8 1/2" from the front

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a edge of the counter.

point 9" above the floor, the knee space must extend to a FDC will install stainless-steel shield tapered to comply

plane that is within 6" of the faucet and other operable with the toe and knee clearances.

parts. This point is at least 11" from the front edge of the

4.1.6,(1),

cTohuenpteurl.l side of the stall door requires a forward

The lavatory reduces the maneuvering space to the latch

4.1.3(11), 4.13.6 approach. Therefore, the maneuvering space must be 60" side of the stall door to only 6 1/2" wide.

deep and must extend 18" to the side of the latch.

FDC will remove the urinal and relocate lavatory (to

original location of urinal) to provide required

maneuvering space.

Photos
8094, 8095 8124, 8125 8132, 8134,
8135
8135, 8137, 8141, 8142

213.2, 604.8.1.5*
22

4.1.6,(1),

The rear grab bar must be at least 36" long. It must

4.1.3(11), 4.16.4 extend from the toilet centerline to at least 12" in each

direction.

The rear grab bar extends only 10 1/2" to the wall side of the toilet. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. FDC will install 36” grab bar mounted 12” from centerline of toilet to side wall and 24” minimum on open side at compliant height (33”-36” to top of gripping surface)

8145, 8146

Page 71 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

23 213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 20" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to the

from the sidewall.

proper distance (centerline of toilet 16” – 18” from wall).

24

Chapel:

25 206.5, 404.2.7 4.1.6,(1),

The door hardware must be operable without tight

The sanctuary door has a knob to pull open the door. It

4.1.3(7)&(8), grasping, tight pinching, or twisting of the wrist.

requires tight grasping to operate.

4.13.9

FDC will install lever handle on sanctuary door.

26 204.1, 307.2 4.1.6,(1),

The underside of the drinking fountain may not protrude The underside of the left drinking fountain is 30 1/4" high

4.1.3(2), 4.4.1 into the circulation path by more than 4" if the underside and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will reposition standard height water fountain

27

(spout mounted 38” – 43” above the floor) and install

cane detection apron on standard height water fountain.

211, 602.7 4.1.6,(1),

Where drinking fountains are provided on a floor, there Both spouts are mounted no higher than 36" above the

4.1.3(10),

must be at least two spouts on that floor. One spout must floor.

be no higher than 36" above the floor. The other spout FDC will reposition accessible fountain (spout no

28

must be mounted between 38" and 43" above the floor. higher than 36” from floor).

Photos
8143, 8144 8198
8169, 8170 8169 - 8172

219*, 29
30 221,

4.1.6,(1), 4.1.3(19)(b),
4.1.6,(1), 4.1.3(19)(a),

There are fixed seats and an audio amplification system. No signs notify patrons that an assistive listening system Therefore, an assistive listening system must be provided. is provided. Additionally, no parts of an assistive
listening system were seen. Therefore, no assistive listening system is provided. FDC will provide an assistive listening system.

Fixed assembly seating is provided. Therefore, accessible wheelchair spaces must be provided.

There are about 160 seats. Therefore, 5 wheelchair
spaces are required. However, no wheelchair spaces
appear to be provided in the seating area. Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement as long as sufficient space continues to be made available so that safe entry, exit and evacuation are made possible.

8199 - 8203

Page 72 of 245

221.4*,

4.1.6,(1), 4.1.3(19)(a),

EXHIBIT D

Fixed assembly seating is provided. Therefore, 1% of the There are about 160 fixed assembly seats. Therefore, 2

fixed seats must be aisle seats with no armrests on the aisle seats must have no armrest or have a removable

aisle side, or have removable or folding armrests on the armrest. None is provided. These seats are not dispersed

aisle side. These seats must be dispersed among all

among all seating categories. Notification signage is not

seating categories. Signage notifying patrons of the

provided. In that it does not comply with the 1991 ADA

availability of such seats must be posted at the ticket

Standards, it must be remediated to the 2010 ADA

office.

Standards, which requires 5% of the aisle seats to comply.

There are 12 aisle seats. Therefore, 1 must comply.

Although FDC and DRF disagree about whether FDC is

in non-compliance, DRF will not require changes as part

of the Settlement Agreement.

8199 - 8203

31

Chapel: Toilet Room:

Page 73 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

32 213.3, 606.2

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8 1/2" from the front

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a edge of the counter.

point 9" above the floor, the knee space must extend to a FDC will install stainless-steel shield tapered to comply

plane that is within 6" of the faucet and other operable with the toe and knee clearances.

parts. This point is at least 11" from the front edge of the

counter.

213.2, 604.5, 4.1.6,(1),

There space in front of the grab bar must be unobstructed. The flush valve stem partially blocks access to the rear

609.3

4.1.3(11), 4.16.4

grab bar.

FDC will relocate flush valve stem to provide clear

33

34

Law Library:

access to rear grab bar.

35 227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no The entire counter is 38" above the floor. In that it does

higher than 36".

not comply with the 1991 ADA Standards, it must

comply with the 2010 ADA Standards which requires the

accessible counter to extend the same depth as the

inaccessible counter and it is not.

FDC will modify the counter space to meet ADA

standards.

36 37 211, 602.7

4.1.6,(1), 4.1.3(10),

Classification: Where drinking fountains are provided on a floor, there In the waiting area, there is only one spout. It is mounted must be at least two spouts on that floor. One spout must about 36" above the floor. be no higher than 36" above the floor. The other spout FDC will remove the existing water fountain. must be mounted between 38" and 43" above the floor.

211, 602.7 38

4.1.6,(1), 4.1.3(10),

Where drinking fountains are provided on a floor, there In the office area, there is only one spout. It is mounted must be at least two spouts on that floor. One spout must about 36" above the floor. be no higher than 36" above the floor. The other spout FDC will high/low combination water fountain (with must be mounted between 38" and 43" above the floor. cane detection).

Photos
8190, 8195 8197 8174
8499, 8500
8634 8659

39

Classification: Waiting Room Toilet Room:

Page 74 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

40 206.5, 404.2.4 4.1.6,(1), 4.1.3(7)&(8),
4.13.6

The pull side of the door requires a forward approach. Therefore, the maneuvering space must be 60" deep and
must extend 18" to the side of the latch.

The maneuvering space extends only about 1/2" beside the latch side of the door. FDC will close the bathroom to all inmates until renovations can be completed. In the meantime, all inmates will be required to use the accessible restroom near the hospital clinic inmate waiting area.

Photos 8656 - 8658

41 213.2, 603.2.1 4.1.6,(1),

Toilet room or bathroom must have an unobstructed

4.1.3(11), 4.22.3 turning space of either a 60" diameter circle or a 60" T-

turn.

Neither a 60" diameter circle or T-turn fit. Refer to Line 40 – will be compliant upon
completion of renovation.

42 205, 309.3

4.1.6,(1),

Operable parts over an obstruction must be within reach.

4.1.3(13), 4.27.3 Operable parts cannot be beyond the front edge of the

clear floor space. The obstruction must be no more than

34" tall and no more than 25" deep. Therefore, the

operable part must be within 44" of the floor. If the

obstruction is less than 20" deep, the operable part must

be within 48" of the floor.

The paper towel dispenser is less than 20" from the front edge of the lavatory and is 54" above the floor.
Refer to Line 40. Upon renovation, paper towel dispenser will be repositioned to compliant height.

43 213.3, 606.5
44 213.2, 604.8.1.5*

4.1.6,(1),

Pipes under the lavatory or sink must be insulated to

4.1.3(11), 4.19.4 protect a person from burns and from sharp or abrasive

edges.

4.1.6,(1),

The rear grab bar must be at least 36" long. It must

4.1.3(11), 4.16.4 extend from the toilet centerline to at least 12" in each

direction.

The pipes under the accessible lavatory are not insulated. Refer to Line 40. Upon renovation, tapered stainless-steel shield will be installed.
The rear grab bar is only 21" long. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. Refer to Line 40. Upon renovation, 36” rear grab bar will be mounted to meet standards (12” from centerline of toilet to side wall and 24” minimum on open side at compliant height (33”-36” to top of gripping surface)

8636, 8645, 8648
8643, 8644
8638 8653

Page 75 of 245

EXHIBIT D

45 213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide

4.1.3(11), 4.16.2 and 56" deep.

The urinal reduces the toilet clear floor space to only 35 1/2" wide. Refer to Line 40. Urinal will be removed during renovation.

46 213.2, 604.4 4.1.6,(1),

Toilet seat must be 17" to 19" above the floor.

4.1.3(11), 4.16.3

The toilet seat is only 16" high. Refer to Line 40 – During renovation, toilet will be replaced.

47 213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" Refer to Line 40 – Upon renovation, toilet will be

from the sidewall.

moved to compliant distance from side wall.

8653, 8655 8639, 8640 8651, 8652

Page 76 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

48 213.2, 604.6 4.1.6,(1),

The toilet flush control must be on the open side of the

4.1.3(11), 4.16.5 toilet.

49 50 227.3, 904.4
51

Dining: 4.1.6,(1), 7.2(1), A food or beverage service counter has a cash register.
This counter is provided for the sales or distribution of goods. A 36"-wide portion of this counter must be no higher than 36".

The toilet flush control is on the wall side. Refer to Line 40 – flush valve will be installed on open side of toilet during renovation.
The tray collection counter is 40" tall. Although FDC and DRF disagree about whether FDC is in non-compliance, as an alternative delivery, FDC will provide a cart for the placement of trays and dirty dishes by wheelchair inmates.

Photos
8637 8270, 8271

§35.130(d), 226.1,

4.1.6,(1), §35.130(d),

No qualified individual with a disability shall, on the

There are 361 seats at dining tables. Therefore, at least 6

basis of disability, be excluded from participation in a must be accessible. All the accessible seating is separated

service, program, or activity in the most integrated setting from the inaccessible seating.

appropriate. Therefore, the accessible seating must be FDC will install additional tables at the end of the regular

integrated with the inaccessible seating.

tables.

8254 - 8258

52 53 211, 602.7
54 211, 602.2 55

4.1.6,(1), 4.1.3(10),

Medical:
Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 32" above the
must be at least two spouts on that floor. One spout must floor.
be no higher than 36" above the floor. The other spout FDC will install high/low combination water fountain must be mounted between 38" and 43" above the floor. installed at compliant heights and cane detection on
standard height fountain.

4.1.6,(1),

Knee space under the drinking fountain must be at least It is only 26 1/4" high.

4.1.3(10), 4.15.5 27" high for a depth of at least 8".

Refer to Line 53.

Medical: Waiting Room Toilet Room:

8274, 8275 8274, 8275

Page 77 of 245

56 206.1, 405.2

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.8.2

Ramp slope cannot exceed 8.33%.

EXHIBIT D

The ramp to the toilet room has a slope of 14.8%. FDC will reconstruct approach and threshold of toilet area.

8276, 8277

Page 78 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

57 213.3, 606.2

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only about 8" from the front

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a edge of the counter.

point 9" above the floor, the knee space must extend to a FDC will install stainless-steel shield tapered to comply

plane that is within 6" of the faucet and other operable with the toe and knee clearances.

parts. This point is at least 11" from the front edge of the

counter.

213.2, 604.5.1 4.1.6,(1),

The sidewall grab bar at the toilet must be at least 42" It is 13" from the rear wall.

4.1.3(11), 4.16.4 long, must be within 12" of the rear wall, and must extend FDC will re-position side grab bar to meet standards.

at least 54" from the rear wall.

58 213.2, 604.5, 4.1.6,(1),

There space in front of the grab bar must be unobstructed. The flush valve stem partially blocks access to the rear

609.3

4.1.3(11), 4.16.4

grab bar.

FDC will replace/adjust flush valve to provide clear

59 213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide

access to rear grab bar. The urinal reduces the toilet clear floor space to only 42

4.1.3(11), 4.16.2 and 56" deep.

1/2" wide.

60

FDC will remove urinal to provide clear floor space.

Photos
8279
8287, 8290 8283
8283, 8284

61 62 206.1, 405.2
63 204.1, 307.2

4.1.2(1) & (2), 4.1.3(1), 4.8.2 4.1.3(2), 4.4.1

Ambulatory Surgical Center:

(Constructed after July 26, 1992)

Ramp slope cannot exceed 8.33%.

The bottom 18" of the ramp has a slope of 14.3%. FDC will re-construct ramp to meet standards.

The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 29 1/4" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will install cane detection apron on standard height water fountain.

8300, 8301 8308, 8310

64

Ambulatory Surgical Center: Toilet Room:

(Constructed after July 26, 1992)

Page 79 of 245

EXHIBIT D

65 213.2,

4.1.3(11), 4.16.4 The rear grab bar must be at least 36" long. It must

The rear grab bar is only 30" long.

8332

604.8.1.5*

extend from the toilet centerline to at least 12" in each FDC will mount 36” rear grab bar to meet standards

direction.

(12” from centerline of toilet to side wall and 24”

66

minimum on open side at compliant height (33”-36”

to top of gripping surface)

213.2, 609.3 4.1.3(11), 4.26.2 There must be at least 12" of clear space above the grab The toilet seat cover dispenser reduces the clear space to

8332

bar.

about 6" above the rear grab bar.

FDC will relocate toilet seat cover dispenser to opposite

wall.

Page 80 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

67 213.2, 604.5.1 4.1.3(11), 4.16.4 The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 51" from the rear

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will install 42” side grab bar at compliant

68

height and 12” from rear wall (for overall length of

54” from wall to end of grab bar).

213.2, 604.3* 4.1.3(11), 4.16.2 Clear floor space at the toilet must be at least 60" wide and 56" deep.

The trash receptacle reduces the toilet clear floor space to only 40" wide. FDC will relocate trash receptacle or recess into wall.

Photos 8325, 8327 8332, 8333

69 70 215.2, 702
71

Infirmary (22091-22098):

4.1.6,(1),

Buildings with visual alarms must have visual alarms in

4.1.3(14), 4.28.1 the toilet rooms.

The building has visual alarms. However, there is no visual alarm in this room. FDC will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009.

211, 602.7 4.1.6,(1),

Where drinking fountains are provided on a floor, there In the corridor, there is only one spout. It is mounted

8371

4.1.3(10),

must be at least two spouts on that floor. One spout must about 42" above the floor.

be no higher than 36" above the floor. The other spout FDC will remove existing water fountain and install

must be mounted between 38" and 43" above the floor. high/low combination water fountain installed at

compliant heights.

72

Infirmary (22091-22098): Toilet Room:

Page 81 of 245

73 213.3, 606.2

EXHIBIT D

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 9" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install tapered stainless-steel shield to comply

plane that is within 6" of the faucet and other operable with the toe and knee clearances.

parts. This point is at least 11" from the front edge of the

counter.

8349, 8351

74 75 215.2, 702

Infirmary (22051-22052):

4.1.6,(1),

Buildings with visual alarms must have visual alarms in

4.1.3(14), 4.28.1 the toilet rooms.

The building has visual alarms. However, there is no visual alarm in this room. FDC will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009.

76

Infirmary (22051-22052): Toilet Room:

Page 82 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

77 213.3, 606.2

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 9" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield.

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 24" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to the

from the sidewall.

proper distance (centerline of toilet 16” – 18” from wall).

79 7880 213.3.6,

4.1.6,(1),

Infirmary Shower: The minimum dimensions of a roll-in shower are 30"

The shower is only 58" wide.

608.2.2

4.1.3(11), 4.21.2 deep by 60" wide at the midpoints.

FDC will convert this to a transfer-type shower.

Photos
8379 8385, 8386 8400, 8402

81

213.2, 608.5 4.1.6,(1),

Shower controls must be mounted above the grab bar

4.1.3(11), 4.21.5 between 38" and 48".

82 83 232.3, 807.2.4 4.1.6,(1),
§35.151(k),
84

Cancer Center: Holding Cell: Accessible holding cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The shower controls, in the highest position, are mounted 52" above the floor when the lever is in the up position. FDC will relocate shower controls at time of renovation.
Clear space is only 48" wide by 52" deep. FDC will enlarge the existing holding cell or will create a compliant holding cell where benches are currently located.

8408, 8410 8453 - 8456

232.3, 807.2.4, 4.1.6,(1),

A 30" by 48" clear floor space must be positioned at the No clear floor space is positioned to the side of the bench.

8450

903.2

§35.151(k), end of the bench, parallel to the short side.

FDC will enlarge the existing holding cell or will

create a compliant holding cell where benches are

currently located.

85

Dialysis Center: Toilet Room:

Page 83 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

86 213.3, 606.2

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 9" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield.

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

Photos 8520

213.2, 609.3 87

4.1.6,(1),

Clear space between the grab bars and the walls must be 1 There is 2 1/4" clear space between the sidewall grab bar

4.1.3(11), 4.26.2 1/2", exactly.

and the wall.

FDC will replace the existing grab bars with compliant

grab bars.

213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 18 3/4" from the sidewall.

88

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" from the sidewall.

FDC will make adjustment(s) to relocate toilet to the proper distance (centerline of toilet 16” – 18” from wall).

89

Dental Clinic Waiting Room: Toilet Room:

90 206.5, 404.2.4 4.1.6,(1),

A forward approach to the push side of the door is

The maneuvering space is only about 42" deep and

4.1.3(7)&(8), required. The door has both a latch and a closer.

extends only 7 1/2" to the latch side.

4.13.6

Therefore, the maneuvering space must extend 12" to the FDC will move the front wall out (approximately 6”-

latch side of the door.

12”) toward the waiting area and will remove the

91

door closer.

8529, 8531
8524, 8525
8432 - 8435, 8442

213.2, 603.2.1 4.1.6,(1),

Toilet room or bathroom must have an unobstructed

Neither a 60" diameter circle or T-turn fit.

8423

4.1.3(11), 4.22.3 turning space of either a 60" diameter circle or a 60" T- FDC will move the front wall out (approximately 6”-

turn.

12”) toward the waiting area and will remove the

door closer.

Page 84 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

92 213.3, 606.2

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install appropriate tapered stainless-steel shield.

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

213.2, 604.8.1.5*

4.1.6,(1),

The rear grab bar must be at least 36" long. It must

4.1.3(11), 4.16.4 extend from the toilet centerline to at least 12" in each

direction.

The rear grab bar is only 24" long. FDC will renovate area to provide adequate space for 36” rear grab bar.

Photos 8437, 8439
8429

93

94 95 204.1, 307.2
96

4.1.6,(1), 4.1.3(2), 4.4.1

Out Patient Medical Clinic:

The underside of the drinking fountain may not protrude Near the waiting area, the underside of the standard

into the circulation path by more than 4" if the underside height drinking fountain is about 32" high and protrudes

is more than 27" above the floor.

8" into the circulation path.

FDC will add cane detection apron to standard height

water fountain.

8661, 8663

211, 602.7 4.1.6,(1),

Where drinking fountains are provided on a floor, there In the exam room corridor, there is only one spout. It is

8667

4.1.3(10),

must be at least two spouts on that floor. One spout must mounted about 36" above the floor.

be no higher than 36" above the floor. The other spout FDC will remove the single water fountain.

must be mounted between 38" and 43" above the floor.

97

In Patient Medical Clinic:

Page 85 of 245

EXHIBIT D

98

There are no Crisis Cells or Transitional Care Cells that

are accessible.

99

This is not an area of non-compliance.

100 211, 602.7

4.1.6,(1), 4.1.3(10),

Where drinking fountains are provided on a floor, there In the corridor, there is only one spout. It is mounted must be at least two spouts on that floor. One spout must about 40" above the floor. be no higher than 36" above the floor. The other spout FDC will install high/low combination water fountain. must be mounted between 38" and 43" above the floor.

213.3.5, 603.3 4.1.6,(1),

Where mirrors are provided, at least one shall have the

4.1.3(11), 4.19.6 bottom of the reflective edge within 40" of the floor.

In the room with beds 21012 - 21017, the reflective surface of the mirror is mounted 59" above the floor. FDC will lower the mirrors to the compliant height.

8679 8676, 8677

Page 86 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

101 213.3, 606.5

4.1.6,(1),

Pipes under the lavatory or sink must be insulated to

4.1.3(11), 4.19.4 protect a person from burns and from sharp or abrasive

edges.

In the room with beds 21012 - 21017, the pipes under the accessible lavatory are not insulated. FDC will install a tapered stainless-steel shield.

Photos 8674

102

Medical Clinic: Bathroom:

103 206.5, 404.2.5 4.1.6,(3)(d)(ii), , In existing facilities, threshold cannot be taller than 3/4". The threshold is 3/4" tall and is not beveled 1:2.

Changes in level that are more than 1/4" must be beveled. FDC will modify threshold to meet standards.

8681, 8682

104 213.3.5, 603.3 4.1.6,(1),

Where mirrors are provided, at least one shall have the The reflective surface of the mirror is mounted 41" above

4.1.3(11), 4.19.6 bottom of the reflective edge within 40" of the floor.

the floor.

105 213.3, 606.2 4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep

FDC will lower the mirrors to the compliant height. The front of the toe space is only about 8" from the front

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a edge of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield.

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

213.2, 608.2
106 213.2, 604..1.5*
107

4.1.6,(1),

The accessible shower must be a transfer-type that is

The shower is 34" wide by 48" deep.

4.1.3(11), 4.23.8 exactly 36" by 36", roll-in type that is at least 30" deep by FDC will combine the shower with the shower to the

at least 60" wide, or an alternate roll-in type that is

right in order to create one larger shower.

exactly 36" deep by at least 60" wide.

4.1.6,(1),

The rear grab bar must be at least 36" long. It must

4.1.3(11), 4.16.4 extend from the toilet centerline to at least 12" in each

direction.

The rear grab bar is only 24" long. FDC will re-mount 36” rear grab bar to meet
standards.

8695, 8696 8693
8714 - 8716 8685

Page 87 of 245

EXHIBIT D

213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide

108

4.1.3(11), 4.16.2 and 56" deep.

The adjacent toilet reduces the toilet clear floor space to only 39" wide. FDC will remove the adjacent toilet.

8685, 8688

109

Mental

Health:

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

110 206.1, 302.1 111

4.1.6,(1), 4.1.2(1) & (2), 4.5.1

Accessible route must be firm, stable, and slip resistant.

The accessible route to the Mental Health recreation yard individual areas is not paved. FDC will construct a concrete path to the recreation yard.

215.2, 702 112

4.1.6,(1),

Buildings with visual alarms must have visual alarms in

4.1.3(14), 4.28.1 the toilet rooms.

The building has visual alarms. However, most rooms do
not have visual alarms.
FDC will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009.

Photos 8446

Page 88 of 245

EXHIBIT D

211, 602.7 4.1.6,(1),

Where drinking fountains are provided on a floor, there Near Group Therapy, there is only one spout. It is

8561

4.1.3(10),

must be at least two spouts on that floor. One spout must mounted about 36" above the floor.

be no higher than 36" above the floor. The other spout FDC will install high/low combination water fountain

must be mounted between 38" and 43" above the floor. installed at compliant heights and cane detection on standard height fountain.

113

Mental Health: Toilet Room:

114 215.2, 702 4.1.6,(1),

Buildings with visual alarms must have visual alarms in The building has visual alarms. However, there is no

4.1.3(14), 4.28.1 the toilet rooms. 115

visual alarm in this room.
FDC will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009.

213.3, 606.2 4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

8558

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield. plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter,

116

213.2,

4.1.6,(1),

The rear grab bar must be at least 36" long. It must

The rear grab bar extends only 10" to the wall side of the

8548

117 604.8.1.5*

4.1.3(11), 4.16.4 extend from the toilet centerline to at least 12" in each direction.

toilet. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards

which requires the grab bar to extend at least 24" from the

centerline to the open side.

FDC will reposition the rear grab bar to meet standards.

213.2, 604.5.1 4.1.6,(1),

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 48 1/2" from the rear

4.1.3(11), 4.16.4 long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition side grab bar to meet standards.

8543, 8544
Page 89 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

118 213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 23" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

119

Mental Health Wing 1 & 2:

120 204.1, 307.2 4.1.6,(1),

The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

4.1.3(2), 4.4.1 into the circulation path by more than 4" if the underside about 32" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

121

water fountain.

213.3, 606.2 4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 9" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield. plane that is within 6" of the faucet and other operable parts. This point is at least 11" from the front edge of the

counter.

213.3.6, 608.2 4.1.6,(1),

Clear floor space outside the shower must be at least 36" There is no clear floor space adjacent to and

4.1.3(11), 4.21.2 wide. For roll-in showers it must extend the length of the perpendicular to the seat wall.

shower. For transfer showers, it must be at least 48" long. FDC will narrow wing wall and possibly move it out

122

The clear floor space must be adjacent to and

as well, to create 36 inches of width and length, and

perpendicular to the seat wall.

put the bench on the new wing wall. FDC may

discontinue using the adjacent shower since it does

not have a water drain.

213.2, 608.4 4.1.6,(1),

The fixed seat in a shower must be 17" to 19" above the The shower seat is 16" above the floor.

123

4.1.3(11), 4.21.3 floor.

FDC will adjust shower seat to required height.

213.2, 604.5.1 4.1.6,(1),

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 44" from the rear

4.1.3(11), 4.16.4 long, must be within 12" of the rear wall, and must extend wall.

124

at least 54" from the rear wall.

FDC will renovate toilet area to provide adequate

wall to mount grab bar with total length of 54” from

125 213.2, 604.2* 4.1.6,(1),

corner of rear wall. Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 3/4" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" from the sidewall.

FDC will make adjustment(s) to relocate toilet to required distance from wall.

Photos
8546, 8547 8569 8585
8591
8593, 8594 8572, 8573 8574, 8575

Page 90 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

126 213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide

4.1.3(11), 4.16.2 and 56" deep.

127

The adjacent toilet grab bar reduces the toilet clear floor space to only 49" wide. FDC will remove or relocate adjacent toilet to provide required clear floor space for accessible toilet.

213.2, 604.6 4.1.6,(1),

The toilet flush control must be on the open side of the The toilet flush control is on the wall side.

4.1.3(11), 4.16.5 toilet.

FDC will replace flush valve to open side of toilet.

128

Mental Health Wing 3 & 4:

(There was no opportunity to survey the toilets. I

assumed the issues were the same as in Wing 1 & 2.)

129 204.1, 307.2 130

4.1.6,(1), 4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside about 32" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will install cane detection apron to standard height

water fountain.

Photos 8576, 8577
8571 8611

205, 309.3 131
213.3, 606.2

4.1.6,(1),

Operable parts over an obstruction must be within reach.

4.1.3(13), 4.27.3 Operable parts cannot be beyond the front edge of the

clear floor space. The obstruction must be no more than

34" tall and no more than 25" deep. Therefore, the

operable part must be within 44" of the floor. If the

obstruction is less than 20" deep, the operable part must

be within 48" of the floor.

The paper towel dispenser is less than 20" from the front edge of the lavatory and is 50" above the floor. FDC will relocate paper towel dispenser.

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 9" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield.

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

8614, 8616 8612

Page 91 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

132 213.3.6, 608.2 4.1.6,(1),

Clear floor space outside the shower must be at least 36" There is no clear floor space adjacent to and

4.1.3(11), 4.21.2 wide. For roll-in showers it must extend the length of the perpendicular to the seat wall.

shower. For transfer showers, it must be at least 48" long. FDC will construct new wing wall to create

The clear floor space must be adjacent to and

a 36 inch by 36 inch transfer shower in the

perpendicular to the seat wall.

space in accordance with Darren Fancher’s

133

drawing.

Photos 8619

213.2, 608.5 4.1.6,(1),

Shower controls must be mounted above the grab bar

134

4.1.3(11), 4.21.5 between 38" and 48".

The shower controls, in the highest position, are mounted 50" above the floor. FDC will relocate shower controls to compliant

height.

135 213.2, 604.5.1 4.1.6,(1),

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 44" from the rear

4.1.3(11), 4.16.4 long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition side grab bar to provide

136

required clearance.

213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 3/4" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to required

137

from the sidewall.

distance from wall.

213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide The adjacent toilet grab bar reduces the toilet clear floor

4.1.3(11), 4.16.2 and 56" deep.

space to only 49" wide.

FDC will remove or relocate adjacent toilet.

213.2, 604.6 4.1.6,(1),

The toilet flush control must be on the open side of the The toilet flush control is on the wall side.

4.1.3(11), 4.16.5 toilet.

FDC will replace flush valve to open side of toilet.

138 139 206.1, 303.3
140

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.5.2

Exterior:
Changes in level that are more than 1/4" must be beveled. In several locations, the broken and settled concrete and asphalt creates changes in level of more than 1/4" that are not beveled. FDC will repair concrete on path of travel.

8626, 8627, 8630
8208 - 8211, 8244

Page 92 of 245

206.1, 302.1 141

4.1.6,(1), 4.1.2(1) & (2), 4.5.1

EXHIBIT D
Accessible route must be firm, stable, and slip resistant.

The accessible route to the fitness equipment and ball field is not paved. FDC will construct path of travel to recreation equipment on rec yard.

227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no higher than 36".

142

Seating Area:

The pass-thru at the Canteen service counter is 46 1/2" above the floor. FDC will install a compliant counter space adjacent or below the existing counter space.

8245 - 8247 8206, 8207

Page 93 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

Photos

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

143 211, 602.7
144 145 213.3, 606.2

4.1.6,(1),

Where drinking fountains are provided on a floor, there There are two drinking fountains, both no more than 36"

4.1.3(10),

must be at least two spouts on that floor. One spout must above the floor. Neither has accessible features.

be no higher than 36" above the floor. The other spout FDC will replace existing water fountains with one

must be mounted between 38" and 43" above the floor. high/low combination water fountain (with cane

detection on standard fountain).

Toilet Facilities:

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield.

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide The adjacent toilet reduces the toilet clear floor space to

4.1.3(11), 4.16.2 and 56" deep.

only about 40 1/2" wide.

FDC will remove the adjacent toilet.

147 114468 §35.151(k), , §35.151(k),

Housing:
In cells having more than 25 beds, at least 5% of the beds There are 72 beds in each of 8 dormitories in Buildings

232.3, 807.2.3 232.3, 807.2.3 shall have a 30" by 48" clear floor space parallel to the C, D, E, and F. Each dormitory serves the same purpose.

side of the bed.

Therefore, each dormitory must have at least 4 beds on an

accessible route and have the clear floor space. I

reviewed C-Dorm. The other 7 were assumed to be the

same.

This is not an area of non-compliance but is Mark Mazz’s

interpretation of the necessary access requirements for

these locations.

149

C-Dorm and D-Dorm:

(Issues are assumed to be the same except where noted individually.)

150 206.1, 403.3

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7

Accessible route cannot have a cross slope that is more Near the entrance to C-Dorm, where the accessible route

than 2%. Where the accessible route turns the cross slope turns toward the entrance, the cross slope is 5.5%.

is measured in two directions.

FDC will reconstruct accessible route to Dorm C.

8222, 8237 8237, 8239 8225 - 8227
8723, 8724

Page 94 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

151 206.1, 405.2

4.1.6,(1), 4.1.2(1) & (2),
4.1.3(1), 4.3.7

Accessible route cannot slope more than 8.33%. It

At the entrance to C-Dorm, for about 7 linear feet, the

cannot slope more than 5% without being constructed as a slope is 6.6%. There are no landings at the bottom and

ramp.

there are no handrails.

FDC will install handrails on slopes as appropriate.

152 206.1, 403.3

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7

Accessible route cannot have a cross slope that is more Near the entrance to D-Dorm, where the accessible route

than 2%. Where the accessible route turns the cross slope turns toward the entrance, the cross slope is 6.2%.

is measured in two directions.

FDC will reconstruct accessible route to Dorm D.

153 227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no higher than 36".

154 217.2, 704.2.4 4.1.6,(1), 4.1.3(17)(a), 4.31.8

At least one telephone must have a cord that is at least 29" long.

The entire pass-thru counter from the security station is
37 1/4" above the floor.
FDC will modify existing counter space to be compliant
with standards. In D-Dorm, the telephone cord is only 16" long. FDC will have vendor replace one (1) of existing two (2) phones with minimum 29” long phone cord.

155 211, 602.7

4.1.6,(1), 4.1.3(10),

Where drinking fountains are provided on a floor, there There is only one spout. It is mounted about 36" above
must be at least two spouts on that floor. One spout must the floor.
be no higher than 36" above the floor. The other spout FDC will install high/low combination water fountain must be mounted between 38" and 43" above the floor. installed at compliant heights and cane detection on
standard height fountain.

156 213.2, 609.4* 4.1.6,(1),

The centerline of the grab bars must be between 33" and

4.1.3(11), 4.26.2 36" above the floor.

The centerline of the grab bars at the toilet are 31 1/2" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which require the top of the grab bars to be between 33" and 36" above the floor. FDC will reposition grab bars to meet standards.

157 213.2, 604.8.1.5*

4.1.6,(1),

In a stall, the sidewall grab bar in a stall must be at least

4.1.3(11), 4.17.6 40", must be within 12" of the rear wall, and extend at

least 52" from the rear wall.

The rear end is 14" from the corner. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at least 54" from the rear wall. FDC will reposition side grab bar to meet standards.

Photos
8725, 8726 8747, 8748 8760, 8762 8756, 8757
8735 8793 - 8795
8790

Page 95 of 245

EXHIBIT D

158 213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide

4.1.3(11), 4.16.2 and 56" deep.

The adjacent toilet reduces the toilet clear floor space to only 55 3/4" wide. FDC will remove or relocate the adjacent toilet.

8786, ,8787

159 213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 22 1/4" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

8784, 8785

Page 96 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

160 213.3, 604.8* 4.1.6,(3)(e), Where toilet room has at least 6 water closets, one stall 4.1.3(11), 4.22.4 must comply with the ambulatory stall requirements.

There are 6 toilets and none of the stalls complies with the ambulatory stall requirements. FDC will renovate to provide one (1) ambulatory toilet.

161

227.3, 904.4*

4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no higher than 36".

The pass-thru at the service counter is about 38" above the floor. FDC will modify existing counter space to be compliant with standards.

162

L-Dorm (Inmates who use Chemotherapy or Dialysis,

and inmates who may be preyed upon): L-Dorm will

not be used for ADA inmates

163 206.1, 403.5 164

4.1.6,(1), 4.1.3(1), 4.3.3

Housing cells are provided in this area. An accessible The accessible route to the accessible beds narrows to

route must be provided to each type of element inside the than 36" wide for a distance of more than 24".

cell. The accessible route must be that is at least 36"

ADA inmates will not be using Dorms K or L.

wide when longer than 24".

Instead, Dorms C, D, E, F, H and J will be used by

ADA inmates and these will need to be inspected in

the future by a licensed architect for ADA

compliance.

165 226, 902.2* 166

4.1.6,(1),

There is a common use work surface. Toe space must

4.1.3(18), 4.32.3 extend 17" underneath.

The pedestal table has supports that reduce the depth to only 11". ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

206.1, 403.3

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7

Accessible route cannot have a cross slope that is more than 2%.

Drains are in the accessible route in the bathroom. The cross slope is 14.1%. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

Photos
8775, 8776 8815
8824 – 8827
8828, 8832 8335
8850, 8851, 8857, 8858,
8872

Page 97 of 245

EXHIBIT D

167 213.3, 606.2 4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only about 9" from the front

8852

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a edge of the counter.

point 9" above the floor, the knee space must extend to a ADA inmates will not be using Dorms K or L. Instead,

plane that is within 6" of the faucet and other operable Dorms C, D, E, F, H and J will be used by ADA

parts. This point is at least 11" from the front edge of the inmates and these will need to be inspected in the future

counter.

by a licensed architect for ADA compliance.

213.2, 609.3 4.1.6,(1),

There must be at least 12" of clear space above the grab The shower control box reduces the clear space to 2"

8883

4.1.3(11), 4.26.2 bar.

above the control wall grab bar.

ADA inmates will not be using Dorms K or L.

Instead, Dorms C, D, E, F, H and J will be used by

ADA inmates and these will need to be inspected in

the future by a licensed architect for ADA

compliance.

Page 98 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

168 213.2, 608.4 169

4.1.6,(1),

A seat is provided in the shower. It must extend the full

4.1.3(11), 4.21.3 length of the seat wall to within 1 1/2" of the back wall

and to within 3" of the compartment entry.

213.2, 608.4, 4.1.6,(1),

A seat is provided in the shower. Back support must be

170 903.4

4.1.3(11), 4.21.3 provided to a point at least 18" above the seat.

171 213, 604.8.2
172

4.1.6,(1),

The ambulatory stall must have grab bars on both

4.1.3(11), 4.22.4 sidewalls.

213.3, 604.2 173

4.1.6,(1),

Centerline of toilet in an ambulatory stall must be 18"

4.1.3(11), 4.22.4 from sidewall.

The shower seat is 3" from the back wall. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance. There is a grab bar on the seat wall that interferes with the back support. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance. The ambulatory stall does not have a grab bar on the left sidewall. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.
The toilet centerline in ambulatory stall is 18 3/4" from the sidewall. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

213.2, 604.8.2.3
174

4.1.6,(1),

In an ambulatory stall, the sidewall grab bar in a stall

4.1.3(11), 4.22.4 must be at least 40", must be within 12" of the rear wall,

and extend at least 52" from the rear wall.

The front end is 49 1/2" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at 54" from the rear wall. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

Photos
8874, 8878 8874 8859
8862, 8863 8864, 8865

Page 99 of 245

EXHIBIT D

213.3, 604.4

4.1.6,(1),

In the ambulatory stall, the toilet seat must be 17" to 19"

4.1.3(11), 4.22.4 above the floor.

The toilet seat in the ambulatory stall is only 16" high. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

213.2, 609.4* 4.1.6,(1),

The centerline of the grab bars must be between 33" and The centerline of the grab bars at the accessible toilet are

4.1.3(11), 4.26.2 36" above the floor.

about 31" above the floor. In that it does not comply with

the 1991 ADA Standards, it must comply with the 2010

ADA Standards which require the top of the grab bars to

be between 33" and 36" above the floor.

ADA inmates will not be using Dorms K or L. Instead,

Dorms C, D, E, F, H and J will be used by ADA inmates

and these will need to be inspected in the future by a

licensed architect for ADA compliance.

175

Cell Block K-2: (Confinement) K-dorm will not be used for ADA inmates

8866, 8867 8847

Page 100 of 245

EXHIBIT D

Reception and Medical Center (RMC) - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

176 204.1, 307.4

4.1.6,(1), 4.1.3(2), 4.4.2

Overhead objects along circulation paths must be at least 80" above the floor.

The underside of the stairs, which are within a circulation path, are not enclosed. Therefore, the undersides of the stairs reduce the headroom to less than 80". ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

Photos 8892

177

Cell Block K-3: Shower:

178 213.2, 603.2.1 4.1.6,(1),

Toilet room or bathroom must have an unobstructed

4.1.3(11), 4.22.3 turning space of either a 60" diameter circle or a 60" T-

turn.

179

(Same as shower in K-2)
The turning space in the shower room is only 47" wide. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

213.2, 609.3 180

4.1.6,(1),

There must be at least 12" of clear space above the grab

4.1.3(11), 4.26.2 bar.

The shower control box reduces the clear space to about 0" above the control wall grab bar. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

213.2, 608.5.1*
181

4.1.6,(1),

In a transfer shower, the controls must be on the wall

4.1.3(11), 4.21.5 opposite the seat and mounted within 18" of the clear

floor space.

Housing Cells: (K-2 101 surveyed)

The controls are mounted between the centerline and the back wall. In that is does not comply with the 1991 ADA Standards it must be remediated to the 2010 ADA Standards, which requires the controls to be within 15" of the centerline to the open side of the shower. ADA inmates will not be using Dorms K or L. Instead, Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

8923, 8924
8929, 8930 IS CELL BLOCK K THE SAME AS DORM K?
8929

Page 101 of 245

EXHIBIT D

182 205, 309* 4.1.6,(1),

Operable parts in public and common use areas, including There is a control on the window. However, accessible

8893

4.1.3(13), 4.27.2 employee common use areas, must be on an accessible routes are blocked by the bed, operable parts are out of

route, must have a level 30" by 48" clear floor space,

reach, and operable parts require tight grasping.

must be within reach, and must be operable with one hand ADA inmates will not be using Dorms K or L. Instead,

and without tight grasping, tight pinching, or twisting of Dorms C, D, E, F, H and J will be used by ADA inmates

the wrist.

and these will need to be inspected in the future by a

183

licensed architect for ADA compliance.

213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The sidewall is angled 45 degrees away from the toilet.

8900

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" ADA inmates will not be using Dorms K or L. Instead,

from the sidewall.

Dorms C, D, E, F, H and J will be used by ADA inmates and these will need to be inspected in the future by a

licensed architect for ADA compliance.

184

Page 102 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991

or 2010 ADA

Stds)

* means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

1

Construction of this facility began after July 26, 1992 and

before March 15, 2012. Therefore, the entire facility

must comply with 1991 ADA Standards. The 2010

Standards were used for areas in the facilities where

supplemental scoping or technical requirements for

detention facilities are provided. (35.151(k)).

Barriers

Photos

2 3 4 211, 602.7

4.1.3(10),

Common Use Buildings:
Processing: Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 32" above the must be at least two spouts on that floor. One spout must floor. be no higher than 36" above the floor. The other spout Water fountain in bus bay area will be removed. must be mounted between 38" and 43" above the floor.

9105, 9106

5 211, 602.2
6 213.2, 604.8.1.5*

4.1.3(10), 4.15.5 4.1.3(11), 4.16.4

7
213.2, 604.2* 4.1.3(11), 4.16.2
8 9 232.3, 807.2.4 §35.151(k),

Knee space under the drinking fountain must be at least 27" high for a depth of at least 8". The rear grab bar must be at least 36" long. It must extend from the toilet centerline to at least 12" in each direction.

It is only 26" high. Water fountain in bus bay area will be removed.
The rear grab bar is only 24" long and extends only 11" to the wall side of the toilet. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. Lavatory will be removed to provide space to mount required 36” grab bar per standard.

9105, 9106 9117

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 1/4" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" from the sidewall.

FDC will make adjustment(s) to relocate toilet to required distance from wall.

Processing: Holding Cell:

Accessible holding cells must have an unobstructed

The bench and toilet restrict the turning space to less than

turning space of either a 60" diameter circle or a 60" T- 60".

turn.

FDC will remove bench from one (1) holding cell.

9115, 9116 9134 - 9144

Page 103 of 245

232.3, 807.2.4, §35.151(k), 10 903

EXHIBIT D
A bench is provided. It must be 17" - 19" above the floor, must be 20" to 24" deep and 42" long, and must have a back support along the 42" side.

The bench is 18" deep and 28" long. Refer to Line 8-9 – bench to be removed.

9136, 9137, 9140, 9141

Page 104 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

11 12 204.1, 307.2

Visitation:

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 32 1/2" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

water fountain.

13 14 215.2, 702
15

4.1.3(14), 4.28.1

213.2, 604.5.1 4.1.3(11), 4.16.4

16 17 221,

4.1.3(19)(a),

18

Non-Contact Visitation, Inmates Toilet Room:

Buildings with visual alarms must have visual alarms in The building has visual alarms. However, there is no

the toilet rooms.

visual alarm in this room.

FDC staff will alternatively deliver the services of the

requested visual alarm by evacuating inmates in any

emergency, and, after moving them to an approved

location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 52" from the rear

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition side grab bar to meet standards.

Chapel:

Fixed assembly seating is provided. Therefore,

There are 24 3-seat benches, totaling 72 seats. Therefore,

accessible wheelchair spaces must be provided.

4 wheelchair spaces are required. However, no wheelchair spaces appear to be provided in the seating

area.

See next comment

Photos 9419, 9420
9407, 9408 9358, 9359

Page 105 of 245

221.4*,

4.1.3(19)(a),

EXHIBIT D

Fixed assembly seating is provided. Therefore, 1% of the There are about 72 fixed assembly seats. Therefore, 2

fixed seats must be aisle seats with no armrests on the aisle seats must have no armrest or have a removable

aisle side, or have removable or folding armrests on the armrest. None is provided. These seats are not dispersed

aisle side. These seats must be dispersed among all

among all seating categories. Notification signage is not

seating categories. Signage notifying patrons of the

provided. In that it does not comply with the 1991 ADA

availability of such seats must be posted at the ticket

Standards, it must be remediated to the 2010 ADA

office.

Standards, which requires 5% of the aisle seats to comply.

There are 12 aisle seats. Therefore, 1 must comply.

Although FDC and DRF disagree about whether FDC is

in non-compliance, DRF will not require changes as part

of the Settlement Agreement as long as sufficient space

continues to be made available so that safe entry, exit and

evacuation are made possible.

As to the armrests, although FDC and DRF disagree

about whether FDC is in non-compliance, DRF will not

require changes as part of the Settlement Agreement.

9358, 9359

19

Chapel: Toilet Room:

20 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a latch-side approach.

4.13.6

The door does not have a closer. Therefore, the

maneuvering space must be at least 48" deep and must

extend at least 24" from the latch.

On the corridor side, the maneuvering space at the door is only 46 1/2" deep. FDC will install an automatic door opener.

9361, 9363

21

Library:

Page 106 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

22 211, 602.7
23 24 206.1, 403.3 25

4.1.3(10), Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 33" above the

must be at least two spouts on that floor. One spout must floor.

be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

FDC will install high/low combination water fountain installed at compliant heights and cane detection on standard height fountain.

Library: Toilet Room:

4.1.2(1) & (2), Accessible route cannot have a cross slope that is more A drain is in the accessible route. The cross slope is

4.1.3(1), 4.3.7 than 2%.

5.4%.

Although FDC and DRF disagree about whether FDC is

in non-compliance, DRF will not require changes as part

of the Settlement Agreement. DRF would ask FDC to

consider whether an inexpensive change can be made if the drain has an adjustable sleeve or if a collar can be added to the drain along with grout to reduce the slope.

213.2, 604.2* 4.1.3(11), 4.16.2

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 18 3/4" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

26

Typical Classroom: (Surveyed Room D12A)

27 226.1, 902.2

4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least

The knee space is only about 22" wide and about 24" tall. FDC will replace at least 5% of current desks with ADA compliant desks.

30" wide and 27" tall.

28 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 32 1/2" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height water fountain.

Photos
9177, 9178 9186, 9187
9194, 9195 9201, 9204,
9205 9202, 9203

29

Typical Classroom: Toilet Room: (Surveyed Room

D12A)

Page 107 of 245

30 206.1, 403.3 31

EXHIBIT D
4.1.2(1) & (2), Accessible route cannot have a cross slope that is more 4.1.3(1), 4.3.7 than 2%.

A drain is in the accessible route. The cross slope is
3.9%.
Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement. DRF would ask FDC to consider whether an inexpensive change can be made if the drain has an adjustable sleeve or if a collar can be added to the drain along with grout to reduce the slope.

9209, 9210

213.2, 604.2* 4.1.3(11), 4.16.2
32 33 227.3, 904.4 7.2(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" from the sidewall.

FDC will make adjustment(s) to relocate toilet to required distance from wall.

Dining:

A food or beverage service counter has a cash register. The food distribution counter is 37 1/2" tall.

This counter is provided for the sales or distribution of Although FDC and DRF disagree about whether FDC is

goods. A 36"-wide portion of this counter must be no in non-compliance, DRF will not require changes as part

higher than 36".

of the Settlement Agreement.

9220, 9221 9086, 9087

Page 108 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

34 35 204.1, 307.2

Medical:

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 32" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

water fountain.

Photos 9313, 9314

36

Medical: Waiting Room Toilet Room:

37 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach. A drinking fountain reduces the maneuvering space to 8

4.13.6

Therefore, the maneuvering space must be 60" deep and 1/4" beside the latch side of the door.

must extend 18" to the side of the latch.

FDC will re-locate the high-low combo water fountain

if possible or remove.

38

Medical: Holding Cell (Toilet Room):

39 232.3, 807.2.4, §35.151(k), A bench is provided. It must be 17" - 19" above the

The bench is only 13" deep and 27" long.

903

floor, must be 20" to 24" deep and 42" long, and must FDC will remove the bench.

have a back support along the 42" side.

40 213.2, 604.3* 4.1.3(11), Clear floor space at the toilet must be at least 60" wide The bench reduces the toilet clear floor space to only 53

4.16.2

and 56" deep.

1/2" deep.

Refer to Line 39 – Bench to be removed.

9452
9472 - 9474 9483, 9484

41 42 213.2, 608.2.1 4.1.3(11),
4.21.2 43
44

Infirmary: Bathroom: Measured at the center points, the transfer shower must be 36" by 36", exactly.

It is 39" wide by 48 1/4" deep. FDC will fur out the walls and close the dimensions to create a 36 inch by 36 inch space for the shower.

9510 - 9513

Page 109 of 245

213.2, 609.3 4.1.3(11), 4.26.2

EXHIBIT D
There must be at least 12" of clear space above the grab bar.

The shower control box reduces the clear space to about 1/2" above the control wall grab bar. The shower wall will be furred out to place the grab bar out from underneath the shower control box.

9518, 9519

213.2, 604.3* 4.1.3(11), 4.16.2

45 46 §35.133,

§35.133,

47
213.2, 609.4* 4.1.3(11), 4.26.2

48

213.2, 609.3 4.1.3(11), 4.26.2

Clear floor space at the toilet must be at least 60" wide and 56" deep.
Infirmary: Isolation Cell (A-147B): Accessible features must be maintained and operable.

The adjacent toilet reduces the toilet clear floor space to only about 50" wide. FDC will relocate or remove the adjacent toilet.
The shower seat is broken. FDC will replace shower seat.

The centerline of the grab bars must be between 33" and 36" above the floor.
There must be at least 12" of clear space above the grab bar.

The centerline of the grab bars at the shower are 31 1/4" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which require the top of the grab bars to be between 33" and 36" above the floor. Upon completion of renovation, FDC will mount grab bars as per standards.
The shower control box reduces the clear space to 1 1/2" above the control wall grab bar. The shower wall will be furred out to place the grab bar out from underneath the shower control box.

9505, 9506 9541
9548, 9549
9548, 9549

Page 110 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

49 213.2, 608.2.1 4.1.3(11), 4.21.2
50

Measured at the center points, the transfer shower must be 36" by 36", exactly.

It is 40" wide by 40 1/2" deep. FDC will fur out the walls and close the dimensions to create a 36 inch by 36 inch space for the shower.

Photos 9544 - 9547

51 213.2, 604.5.1 4.1.3(11), 4.16.4

The sidewall grab bar at the toilet must be at least 42" It is only about 14" long. The front end of the grab bar is

long, must be within 12" of the rear wall, and must extend only about 14" from the rear wall.

at least 54" from the rear wall.

FDC will renovate the toilet area to provide adequate

wall space for compliant grab bar.

213.2, 604.2* 4.1.3(11), Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 3/4" from the sidewall.

4.16.2

ADA Standards permit the centerline to be 16" to 18" Upon renovation, toilet will be installed at correct

from the sidewall.

distance from side wall.

52

Mental Health:

53 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 32" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

If the combination water fountain can be relocated to

54

provide adequate clearance for restroom, cane detection

apron will be installed on standard height fountain. If

adequate clearance is not possible, combination water

fountain will be removed.

226.1, 902.2 55

4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide and 27" tall.
Classification: Waiting Room Toilet Room:

In Group Room J-111A, the knee space is only about 22" wide and about 24" tall. FDC will replace at least 5% of current desks with ADA compliant tables.

9534, 9543 9537, 9538 9450, 9451
9332, 9333

Page 111 of 245

EXHIBIT D

56 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach. The maneuvering space extends only about 3" beside the

9340

4.13.6

Therefore, the maneuvering space must be 60" deep and latch side of the door.

must extend 18" to the side of the latch.

FDC will remove combination water fountain.

57 58 227.3, 904.4* 7.2(2),
59

Exterior:
A 36"-wide portion of the service counter must be no
higher than 36".

The pass-thru at the Canteen service counter is 39" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

206.1, 303.4 60 61 226, 902.2*
62

4.1.2(1) & (2), Changes in level of more than 1/2" must be ramped at no The transition between the walkway and the fitness

4.1.3(1), 4.3.8 more than 8.33% or otherwise made accessible.

equipment is more than 1/2" and is not ramped.

Use Quickset or asphalt and correct floor slopes. $

Seating Area:

4.1.3(18), There are common use tables. Knee space underneath The knee space under the pavilion table is only 26 1/2"

4.32.3

must be at least 27" high.

high.

FDC will modify or replace existing accessible tables

with compliant table(s).

Toilet Facilities:

9226, 9227 8977
8940, 8941

Page 112 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

63 204.1, 307.2 64

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the accessible drinking fountain is 29"

into the circulation path by more than 4" if the underside high and protrudes about 17" into the circulation path.

is more than 27" above the floor.

FDC will reposition accessible water fountain to meet

required standards for cane detection.

65
211, 602.4, 66 602.7

4.1.3(10), 4.15.2

The accessible drinking fountain spout outlet must be within 36" of the floor.

It is 37 1/2". Refer to Line 63 – accessible water fountain will be repositioned (spout no more than 36” above floor).

204.1, 307.2

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside is 31" high and protrudes 12" into the

into the circulation path by more than 4" if the underside circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

water fountain.

Photos
8970, 8972
8970, 8972, 8973
8974 - 8976

213.3, 606.2 4.1.3(11), 4.19.2

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge and extend to the faucet and other operable parts. At a of the counter. point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield. plane that is within 6" of the faucet and other operable parts. This point is at least 11" from the front edge of the counter.

8952, 8954 8957

67

Housing:

Page 113 of 245

68 232.3, 807.2.3 232.3,

69 232.3,

232.3,

EXHIBIT D

In cells having more than 25 beds, at least 5% of the beds There are 86 beds in each of 6 dormitories. Each

shall have a 30" by 48" clear floor space parallel to the dormitory serves the same purpose. Therefore, each

side of the bed.

dormitory must have at least 5 beds on an accessible route

and have the clear floor space. I reviewed L-Dorm. The

other 5 were assumed to be the same.

This is not an area of non-compliance.

Housing cells are provided in this area. Therefore, at least 3% serving each purpose must be accessible.

I understand the housing cells to be distributed as follows: There are 120 housing cells for general population (O Dorm). Four are designated accessible. There are 90 housing cells for confinement (P Dorm) of which 2 are designated accessible. There are 30 for mental health (P Dorm) of which 2 are designated accessible. This is not an area of non-compliance.

Page 114 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

70 232.2,

232.2,

Housing cells are provided in this area. Therefore, at least 2% serving each purpose must be cells with communication features.

I understand the housing cells to be distributed as follows: There are 120 housing cells for general population (O Dorm). There are 90 housing cells for confinement (P Dorm). There are 30 for mental health (P Dorm). None have communication features. This is not an area of non-compliance.

Photos

71 72 204.1, 307.2
73

L-Dorm: 4.1.3(2), 4.4.1 Objects may not protrude into the circulation path by
more than 4" if the underside is more than 27" but less than 80" above the floor.

74

The underside of the accessible table is 29" above the floor and projects about 24" into the circulation path. FDC will weld a skirt to the bottom of the table that is no lower than 27 inches from the floor. Also, two (2) or three (3) of the long benches will either be shortened or removed/replaced with shorter benches.

9058, 9059

221, 75
76 217.5, 704.5
77

4.1.3(19)(a),
4.1.3(17)(d), 4.31.9(2)

Fixed assembly seating is provided. Therefore, accessible wheelchair spaces must be provided.

There is a seating area with bench seats. However, there are no wheelchair spaces in this seating area. Two (2) or three (3) of the long benches will either be shortened or removed/replaced with shorter benches

There are at least 3 telephones at this interior location. Therefore, a shelf and an outlet must be provided to facilitate the use of a TTY. The handset shall be capable of being placed flush on the surface of the shelf.

The shelf is about 60" away which is too far from the handset. FDC will relocate the TTY shelf closer to the phone.

9060 - 9064 9070 - 9072

Page 115 of 245

204.1, 307.2 78

EXHIBIT D

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside is accessible drinking fountain is 28" high

into the circulation path by more than 4" if the underside and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will lower the accessible water fountain (no more

than 27” from floor to bottom of protruding edge).

8997, 8998

204.1, 307.2

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 32" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

water fountain.

8997, 8999

§35.130(g), §35.130,
213.3.5, 603.3 4.1.3(11), 4.19.6

A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.
Where mirrors are provided, at least one shall have the bottom of the reflective edge within 40" of the floor.

In the detention dormitory, some privacy is offered in the group shower. However, no privacy is provided for the accessible shower. FDC will provide privacy screen for accessible shower.
The reflective surface of the mirror is mounted 41" above the floor. FDC will lower mirror to required height.

9044 9050, 9051

Page 116 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

79 206.1, 403.3 80

4.1.2(1) & (2), Accessible route cannot have a cross slope that is more 4.1.3(1), 4.3.7 than 2%.

A drain is in the accessible route to the shower. The cross slope at the drain is 7.5%. FDC will reconstruct drain slope.

81 213.2, 608.2.1 4.1.3(11), 4.21.2
82

Measured at the center points, the transfer shower must be 36" by 36", exactly.

It is 36" wide by 40 3/4" deep. FDC will close in the dimensions to 36 inches by 36 inches by moving the wing wall and fix the slope on the floor, which appear to be near the water drain.

Photos 9042, 9043 9036, 9037

83 §35.133,

§35.133,

84 213.2, 608.4 4.1.3(11), 4.21.3

213.2, 609.3 85

4.1.3(11), 4.26.2

213.2, 604.8.1.5* 86
87

4.1.3(11), 4.17.6

Accessible features must be maintained and operable.

The shower seat is broken. FDC will repair/replace the shower seat.

9026, 9027

A seat is provided in the shower. It must extend the full length of the seat wall to within 1 1/2" of the back wall and to within 3" of the compartment entry. There must be at least 12" of clear space above the grab bar.
In a stall, the sidewall grab bar in a stall must be at least 40", must be within 12" of the rear wall, and extend at least 52" from the rear wall.

The shower seat is 8" from the back wall. FDC will reposition the shower seat to meet compliance.
The shower control box reduces the clear space to about 2" above the grab bar on the shower control wall. FDC will fur out the walls and close the dimensions to create a 36 inch by 36 inch space for the shower.
The grab bar is only 36" long. The front end is 38 1/2" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at least 54" from the rear wall. FDC will modify existing wall to provide adequate space.

9032, 9033 9039
9013, 9014

Page 117 of 245

213.2, 604.8.1.5*
88

4.1.3(11), 4.16.4

213.2, 609.3 4.1.3(11), 4.26.2
213.2, 604.2* 4.1.3(11), 4.16.2
213.3, 604.8* 4.1.3(11), 4.22.4
89

EXHIBIT D
The rear grab bar must be at least 36" long. It must extend from the toilet centerline to at least 12" in each direction.

The rear grab bar extends only 9 3/4" to the wall side of the toilet. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. FDC will mount compliant rear grab bar.

9017, 9018

There must be at least 1 1/2" of clear space below the grab bar.

The toilet tank reduces the clear space to 0" below the rear grab bar. FDC will replace existing toilet with toilet that provides required clearance beneath rear grab bar.

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 3/4" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

Where toilet room has at least 6 water closets, one stall must comply with the ambulatory stall requirements.

There are 6 toilets and none of the stalls complies with the ambulatory stall requirements. FDC will make renovations to provide ambulatory stall as required.

Cell Block O-1: (General Population) O-dorm will not be used for ADA inmates

9008 - 9010 9015, 9016 9003, 9005

Page 118 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

90 204.1, 307.4
91 92

4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least 80" above the floor.

The underside of the stairs, which are within a circulation path, are not enclosed. Therefore, the undersides of the stairs reduce the headroom to less than 80". ADA inmates will not be using Dorm O. Instead, A-1 will be used in the Main Unit and Dorms H, I, J, K, K, L, M, N and P will be used in the Annex by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

Photos 9259

226, 902.2* 204.1, 307.2

4.1.3(18), 4.32.3
4.1.3(2), 4.4.1

There is a common use work surface. Toe space must extend 17" underneath.
The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The pedestal table has supports that reduce the depth to only 11". ADA inmates will not be using Dorm O. Instead, A-1 will be used in the Main Unit and Dorms H, I, J, K, K, L, M, N and P will be used in the Annex by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.
The underside of the standard height drinking fountain is 31 1/2" high and protrudes 8" into the circulation path. ADA inmates will not be using Dorm O. Instead, A-1 will be used in the Main Unit and Dorms H, I, J, K, K, L, M, N and P will be used in the Annex by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

9262, 9263 9292, 9295

93 94 213.2, 603.2.1 4.1.3(11),
4.22.3
95

Cell Block O-1: Shower: Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The turning space in the shower room is only 47" wide. ADA inmates will not be using Dorm O. Instead, A-1 will be used in the Main Unit and Dorms H, I, J, K, K, L, M, N and P will be used in the Annex by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

9271, 9272

Page 119 of 245

213.2, 608.2.1 4.1.3(11),

96

4.21.2

213.2, 608.4, 4.1.3(11),

610.3

4.21.3

97

98
213.2, 608.3 4.1.3(11), 4.21.4

213.2, 608.5.1*

4.1.3(11), 4.21.5

EXHIBIT D

The clear floor space for the transfer shower must be 36" The clear floor space for the transfer shower is only 35

by 48". It must extend 12" beyond the seat wall.

1/2" wide and extends only 11" beyond the seat wall.

ADA inmates will not be using Dorm O. Instead, A-1

will be used in the Main Unit and Dorms H, I, J, K, K, L,

M, N and P will be used in the Annex by ADA inmates.

These will need to be inspected in the future by a

Shower seat may be rectangular or L-shaped. The side of lTicheenwseiddearrscihdieteocft tfhoer sAeDatAiscnoomt pallioanngceth. e back wall.

the seat must be within 3" of the compartment entry. The ADA inmates will not be using Dorm O. Instead, A-1

front edge of rectangular seats must be 15" to 16" from will be used in the Main Unit and Dorms H, I, J, K, K, L,

the seat wall. For L-shaped seats, the front edge of the M, N and P will be used in the Annex by ADA inmates.

narrow side must be 15" to 16" from the seat wall and the These will need to be inspected in the future by a

wider side must be 22" to 23" from the seat wall and

licensed architect for ADA compliance.

along the back wall.

.

9273 – 9275 9276

In showers, the grab bars must extend the entire length of The control wall grab bar is 13" from the corner. The

the wall. At corners, grab bars must be within 6" of the back wall grab bar is 11" from the corner.

corners.

ADA inmates will not be using Dorm O. Instead, A-1

will be used in the Main Unit and Dorms H, I, J, K, K, L,

M, N and P will be used in the Annex by ADA inmates.

These will need to be inspected in the future by a

licensed architect for ADA compliance.

In a transfer shower, the controls must be on the wall opposite the seat and mounted within 18" of the clear floor space.

The controls are mounted between the centerline and the back wall. In that is does not comply with the 1991 ADA Standards it must be remediated to the 2010 ADA Standards, which requires the controls to be within 15" of the centerline to the open side of the shower. ADA inmates will not be using Dorm O. Instead, A-1 will be used in the Main Unit and Dorms H, I, J, K, K, L, M, N and P will be used in the Annex by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

9281, 9284 9286
9281

Page 120 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

99 100 213.3, 606

Housing Cells: (O-1 101 surveyed) 4.1.3(11), 4.19 The accessible lavatory must have a 30" by 48" clear
floor space that extends at least 17" underneath the lavatory.

Cell O-1 102 appears to have the same issues. The clear floor space is blocked by the storage locker. ADA inmates will not be using Dorm O. Instead, A-1 will be used in the Main Unit and Dorms H, I, J, K, K, L, M, N and P will be used in the Annex by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

101 102 232.3, 807.2.4 §35.151(k),
103

P Dorm: Holding Cell: Accessible holding cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

Clear space is only 40" wide by 42" deep. FDC will use alternative delivery. It will not use the holding cell for ADA inmates; instead the ADA inmate will be taken to his/her confinement cell.

Photos 9248
9299 - 9302

104

232.3, 807.2.4, §35.151(k), 903

232.3, 807.2.4, §35.151(k), 903.2

A bench is provided. It must be 17" - 19" above the floor, must be 20" to 24" deep and 42" long, and must have a back support along the 42" side.
A 30" by 48" clear floor space must be positioned at the end of the bench, parallel to the short side.

The bench is only 12" deep. FDC will use alternative delivery. It will not use the holding cell for ADA inmates; instead the ADA inmate will be taken to his/her confinement cell.
No clear floor space is positioned to the side of the bench. FDC will use alternative delivery. It will not use the holding cell for ADA inmates; instead the ADA inmate will be taken to his/her confinement cell.

9303 9303, 9304

105

Cell Block P-4: (Mental Health)

Page 121 of 245

EXHIBIT D

106 204.1, 307.4 4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least The underside of the stairs, which are within a circulation

9307

80" above the floor.

path, are not enclosed. Therefore, the undersides of the

stairs reduces the headroom to less than 80".

FDC will paint the underside of the stairs and add

107

textured tape with raised bumps under the stair outline to

serve as a warning to inmates with low vision or who are

108

blind.

226, 902.2* 4.1.3(18), There is a common use work surface. Toe space must The pedestal table has supports that reduce the depth to

9308

4.32.3

extend 17" underneath.

only 11".

FDC will replace at least 5% of current seating with

ADA compliant tables.

204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

9309

into the circulation path by more than 4" if the underside 32" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will install cane detection apron to standard

fountain.

109

Cell Block P-4: Shower:

110 213.2, 603.2.1 4.1.3(11), Toilet room or bathroom must have an unobstructed

The turning space in the shower room is only 47" wide.

9310

4.22.3

turning space of either a 60" diameter circle or a 60" T- FDC will make renovations after consultation with

turn.

architect(s) and the U.S. Access Board.

Page 122 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

111 213.2, 608.2.1 4.1.3(11), 4.21.2
112

The clear floor space for the transfer shower must be 36" by 48". It must extend 12" beyond the seat wall.

The clear floor space for the transfer shower is only 35 1/2" wide and extends only 11" beyond the seat wall. FDC will make renovations after consultation with architect(s) and the U.S. Access Board.

213.2, 608.4, 4.1.3(11),

610.3

4.21.3

113
114 213.2, 608.3 4.1.3(11), 4.21.4

Shower seat may be rectangular or L-shaped. The side of The wider side of the seat is not along the back wall. the seat must be within 3" of the compartment entry. The FDC will install compliant shower bench or seat. front edge of rectangular seats must be 15" to 16" from the seat wall. For L-shaped seats, the front edge of the narrow side must be 15" to 16" from the seat wall and the wider side must be 22" to 23" from the seat wall and along the back wall.

In showers, the grab bars must extend the entire length of The control wall grab bar is 13" from the corner. The

the wall. At corners, grab bars must be within 6" of the back wall grab bar is 11" from the corner.

corners.

FDC will make renovations after consultation with

architect(s) and the U.S. Access Board.

Photos 9310 9310 9310

213.2,

4.1.3(11), In a transfer shower, the controls must be on the wall The controls are mounted between the centerline and the

9310

608.5.1*

4.21.5

opposite the seat and mounted within 18" of the clear back wall. In that is does not comply with the 1991 ADA

floor space.

Standards it must be remediated to the 2010 ADA

Standards, which requires the controls to be within 15" of

the centerline to the open side of the shower.

FDC will make renovations after consultation with

architect(s) and the U.S. Access Board.

Page 123 of 245

115 116 213.3, 606

Housing Cells (C1 101):

EXHIBIT D

4.1.3(11), 4.19 The accessible lavatory must have a 30" by 48" clear floor space that extends at least 17" underneath the lavatory.

Cells C1 102, P4 113, P4 114, G 4113, G 4114, H 4113, and H 4114 appear to have the same issues as C1 101.
The clear floor space is blocked by the storage locker. FDC will mount a storage locker on the wall no higher than 27” above the floor. This alteration will be accomplished if this will permit a sufficient turning radius inside the cell.

117

Cell Block G-4: (Closed Management)

Page 124 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

118 204.1, 307.4
119 120

4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least 80" above the floor.

The underside of the stairs, which are within a circulation path, are not enclosed. Therefore, the undersides of the stairs reduces the headroom to less than 80". FDC will paint the underside of the stairs and add textured tape with raised bumps under the stair outline to serve as a warning to inmates with low vision or who are blind.

121 226, 902.2* 4.1.3(18), 4.32.3

There is a common use work surface. Toe space must extend 17" underneath.

The pedestal table in the open area has supports that reduce the depth to only 11". FDC will replace at least 5% of current tables seating with ADA compliant tables

Photos 9555 9557

226, 902.2* 4.1.3(18), There is a common use work surface. Toe space must The pedestal table in the interview room has supports that

9559

4.32.3

extend 17" underneath.

reduce the depth to only 11".

FDC will the existing table with ADA compliant table.

211, 602.7 4.1.3(10), 122

Where drinking fountains are provided on a floor, there There is only one spout. It is mounted about 32" above must be at least two spouts on that floor. One spout must the floor. be no higher than 36" above the floor. The other spout FDC will remove the existing water fountain and must be mounted between 38" and 43" above the floor. install a high/low combination water fountain.
Cell Block G-4: Shower:

Page 125 of 245

123 213.2, 603.2.1 4.1.3(11), 4.22.3
124

EXHIBIT D
Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The turning space in the shower room is only 47" wide. FDC will make renovations after consultation with architect(s) and the U.S. Access Board.

9562 - 9564

125

213.2, 608.2.1

4.1.3(11), 4.21.2

The clear floor space for the transfer shower must be 36" by 48". It must extend 12" beyond the seat wall.

The clear floor space for the transfer shower is only 35 1/2" wide and extends only 11" beyond the seat wall. FDC will make renovations after consultation with architect(s) and the U.S. Access Board.

9562 - 9564

213.2, 608.4, 610.3
126

4.1.3(11), 4.21.3

213.2, 608.3 4.1.3(11), 4.21.4

Shower seat may be rectangular or L-shaped. The side of The wider side of the seat is not along the back wall. the seat must be within 3" of the compartment entry. The FDC will make renovations after consultation with front edge of rectangular seats must be 15" to 16" from architect(s) and the U.S. Access Board. the seat wall. For L-shaped seats, the front edge of the narrow side must be 15" to 16" from the seat wall and the wider side must be 22" to 23" from the seat wall and along the back wall.

In showers, the grab bars must extend the entire length of The control wall grab bar is 13" from the corner. The

the wall. At corners, grab bars must be within 6" of the back wall grab bar is 11" from the corner.

corners.

FDC will make renovations after consultation with

architect(s) and the U.S. Access Board.

9562 - 9564 9562 - 9564

Page 126 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

127 213.2, 608.5.1*

4.1.3(11), 4.21.5

In a transfer shower, the controls must be on the wall opposite the seat and mounted within 18" of the clear floor space.

The controls are mounted between the centerline and the back wall. In that is does not comply with the 1991 ADA Standards it must be remediated to the 2010 ADA Standards, which requires the controls to be within 15" of the centerline to the open side of the shower. FDC will make renovations after consultation with architect(s) and the U.S. Access Board.

Photos 9562 - 9564

128

Cell Block H-4: (Closed Management)

129 204.1, 307.4 4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least The underside of the stairs, which are within a circulation

9571

80" above the floor.

path, are not enclosed. Therefore, the undersides of the

stairs reduces the headroom to less than 80".

FDC will paint the underside of the stairs and add

130

textured tape with raised bumps under the stair outline to

serve as a warning to inmates with low vision or who

131

are blind.

132

Page 127 of 245

EXHIBIT D

226, 902.2* 4.1.3(18), There is a common use work surface. Toe space must The pedestal table in the open area has supports that

9571

4.32.3

extend 17" underneath.

reduce the depth to only 11".

FDC will replace at least 5% of current tables

seating with ADA compliant tables

226, 902.2* 4.1.3(18), There is a common use work surface. Toe space must The pedestal table in the interview room has supports that

9573

4.32.3

extend 17" underneath.

reduce the depth to only 11".

FDC will replace the existing table with ADA compliant

tables

211, 602.7 4.1.3(10),
133 134 213.2, 603.2.1 4.1.3(11),
4.22.3 135
213.2, 608.2.1 4.1.3(11), 4.21.2

Where drinking fountains are provided on a floor, there There is only one spout. It is mounted about 32" above must be at least two spouts on that floor. One spout must the floor. be no higher than 36" above the floor. The other spout FDC will remove the existing water fountain and must be mounted between 38" and 43" above the floor. install a high/low combination water fountain.

Cell Block H-4: Shower: Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The turning space in the shower room is only 47" wide. FDC will make renovations after consultation with architect(s) and the U.S. Access Board.

The clear floor space for the transfer shower must be 36" The clear floor space for the transfer shower is only 35

by 48". It must extend 12" beyond the seat wall.

1/2" wide and extends only 11" beyond the seat wall.

FDC will make renovations after consultation with

architect(s) and the U.S. Access Board.

9579 9580, 9580 9580, 9580

Page 128 of 245

EXHIBIT D

Line #

Suwannee Correctional Institution Main & Annex - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

136 213.2, 608.4, 4.1.3(11),

610.3

4.21.3

Shower seat may be rectangular or L-shaped. The side of The wider side of the seat is not along the back wall. the seat must be within 3" of the compartment entry. The FDC will make renovations after consultation with front edge of rectangular seats must be 15" to 16" from architect(s) and the U.S. Access Board. the seat wall. For L-shaped seats, the front edge of the
narrow side must be 15" to 16" from the seat wall and the
wider side must be 22" to 23" from the seat wall and
along the back wall.

137 213.2, 608.3 4.1.3(11), 4.21.4

In showers, the grab bars must extend the entire length of The control wall grab bar is 13" from the corner. The

the wall. At corners, grab bars must be within 6" of the back wall grab bar is 11" from the corner.

corners.

FDC will make renovations after consultation with

architect(s) and the U.S. Access Board.

Photos 9580, 9580 9580, 9580

138 213.2, 608.5.1*
139

4.1.3(11), 4.21.5

In a transfer shower, the controls must be on the wall opposite the seat and mounted within 18" of the clear floor space.

The controls are mounted between the centerline and the back wall. In that is does not comply with the 1991 ADA Standards it must be remediated to the 2010 ADA Standards, which requires the controls to be within 15" of the centerline to the open side of the shower. FDC will make renovations after consultation with architect(s) and the U.S. Access Board.

9580, 9580

Page 129 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

1

Construction of this facility began after July 26, 1992 and

before March 15, 2012. Therefore, the entire facility

must comply with 1991 ADA Standards. The 2010

Standards were used for areas in the facilities where

supplemental scoping or technical requirements for

detention facilities are provided. (35.151(k)).

Barriers

2 3 4 213.2, 609.3 4.1.3(11),
4.26.2
5 6 232.3, 807.2.4, §35.151(k),
903
7
8 232.3, 807.2.4, §35.151(k), 903
9 213.2, 604.5.1 4.1.3(11), 4.16.4
10 213.2, 604.2* 4.1.3(11), 4.16.2
11

Common Use Buildings:

Processing: There must be at least 1 1/2" of clear space below the

The tank reduces the clear space to 1" below the rear grab

grab bar.

bar.

FDC will replace the toilet to provide required clear

space below grab bar.

Processing: Property Side Holding Cell: (C118)

A bench is provided. It must be 17" - 19" above the floor, must be 20" to 24" deep and 42" long, and must

The bench is about 12" deep. FDC will remove the bench.

have a back support along the 42" side.

Processing: Processing Side Small Holding Cell:

(C110) A bench is provided. It must be 17" - 19" above the

The bench is 14 1/2" deep and the back support is 3"

floor, must be 20" to 24" deep and 42" long, and must from the seat.

have a back support along the 42" side. The back support FDC will remove the bench.

must be within 2 1/2" of the seat.

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 45" from the rear

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will renovate toilet area to make compliant.

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 1/4" from the sidewall. ADA Standards permit the centerline to be 16" to 18" FDC will renovate toilet area to make compliant.

from the sidewall.

Processing: Processing Side Large Holding Cell:

(C112)

Photos
4708 4688 4715, 4716 4728, 4729 4726, 4727

Page 130 of 245

12 232.3, 807.2.4, §35.151(k), 903

EXHIBIT D

A bench is provided. It must be 17" - 19" above the

The back support is 3" from the seat.

floor, must be 20" to 24" deep and 42" long, and must Although FDC and DRF disagree about whether FDC is

have a back support along the 42" side. The back support in non-compliance, Plaintiff will not require changes as

must be within 2 1/2" of the seat.

part of the Settlement Agreement.

4738, 4740

Page 131 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

13 14 221,

4.1.3(19)(a),

Processing: Waiting Cage: (C135A) Fixed assembly seating is provided. Therefore, accessible wheelchair spaces must be provided.

There are about 48 fixed assembly seats. Therefore, 2 wheelchair spaces are required. However, no area for wheelchair spaces is provided. FDC will remove one (1) bench from first row to make room for wheelchair(s).

Photos 4760

15

Processing: Bathroom:

16 232.3, 807.2.4, §35.151(k), 903

A bench is provided. It must be 17" - 19" above the

The back support is 3" from the seat.

floor, must be 20" to 24" deep and 42" long, and must FDC will reposition existing bench to provide seating

have a back support along the 42" side. The back support area for wheelchair.

must be within 2 1/2" of the seat.

17 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside about 32" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

18

water fountain.

19 213.2, 609.3

4.1.3(11), 4.26.2

20

There must be at least 12" of clear space above the grab bar.

The shower control box reduces the clear space to about 2" above the control wall grab bar. The shower wall will be furred out to place the grab bar out from underneath the shower control box.

4772 - 4775 4777
4788

213.2, 604.8.1.5*

4.1.3(11), 4.17.6

In a stall, the sidewall grab bar in a stall must be at least 40", must be within 12" of the rear wall, and extend at least 52" from the rear wall.

The grab bar is only 36" long. The front end is 48" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at least 54" from the rear wall. FDC will extend the side wall to provide adequate space to mount grab bar with required clearance.

4807, 4808
Page 132 of 245

232, 226, 902.3
21 22 204.1, 307.2

EXHIBIT D

4.1.3(18), 7.2(2)

A service counter must be no higher than 36".

The Clothing Issue pass-through counter is 40 3/4" high. Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement

Orientation:

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside about 32" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

water fountain.

4813, 4814 4817

23 24 213.2, 609.3

4.1.3(11), 4.26.2

Orientation: Toilet Room: There must be at least 1 1/2" of clear space below the grab bar.

The tank reduces the clear space to 3/4" below the rear grab bar. FDC will replace existing flush valve plumbing to provide required clearance for grab bar.

25 26 204.1, 307.2

Visitation:

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 32 1/2" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

water fountain.

4821 4387, 4388

Page 133 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds)

Description/Issue/Requirement

* means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

27 226,

4.1.3(18),

There are common use tables or work surfaces. At least 5% of the seats must be accessible.

There are 8 tables outside, seating about 32. Therefore, 2 wheelchairs spaces are required. However, none are provided. FDC will replace at least 5% of current seating with ADA compliant tables.

Photos 4390

28 29 213.2, 604.2* 4.1.3(11),
4.16.2

30 31 215.2, 702
32

4.1.3(14), 4.28.1

Visitation, Inmates Toilet Room: Centerline of toilet must be 18" from sidewall. The 2010 ADA Standards permit the centerline to be 16" to 18" from the sidewall.
Non-Contact Visitation, Inmates Toilet Room: Buildings with visual alarms must have visual alarms in the toilet rooms.

The toilet centerline is 18 3/4" from the sidewall. FDC will make adjustment(s) to relocate toilet to required distance from wall.
The building has visual alarms. However, there is no visual alarm in this room. FDC staff will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009

4379, 4380

213.2, 604.2* 4.1.3(11), 4.16.2

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 1/4" from the sidewall.

ADA Standards permit the centerline to be 16" to 18"

FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

4408, 4409

33

Chapel:

Page 134 of 245

34 221, 35

EXHIBIT D

4.1.3(19)(a), Fixed assembly seating is provided. Therefore, accessible wheelchair spaces must be provided.

There are 28 5-seat benches, totaling 140 seats. Therefore,

4426

4 wheelchair spaces are required. However, no wheelchair

spaces appear to be provided in the seating area.

Although FDC and DRF disagree about whether FDC is in

non-compliance, DRF will not require changes as part of

the Settlement Agreement as long as sufficient space

continues to be made available so that safe entry, exit and

evacuation are made possible.

221.4*,

4.1.3(19)(a), Fixed assembly seating is provided. Therefore, 1% of the There are about 140 fixed assembly seats. Therefore, 2

4426

fixed seats must be aisle seats with no armrests on the aisle aisle seats must have no armrest or have a removable

side, or have removable or folding armrests on the aisle armrest. None is provided. These seats are not dispersed

36

side. These seats must be dispersed among all seating

among all seating categories. Notification signage is not

categories. Signage notifying patrons of the availability of provided. In that it does not comply with the 1991 ADA

such seats must be posted at the ticket office.

Standards, it must be remediated to the 2010 ADA

Standards, which requires 5% of the aisle seats to comply.

There are 42 aisle seats. Therefore, 3 must comply.

Although FDC and DRF disagree about whether FDC is in

non-compliance, DRF will not require changes as part of

the Settlement Agreement.

219*, 37

4.1.3(19)(b),

There are fixed seats and an audio amplification system. Therefore, an assistive listening system must be provided.

No signs notify patrons that an assistive listening system is provided. Additionally, no parts of an assistive listening system were seen. Therefore, no assistive listening system is provided. FDC will provide assistive listening system.

Chapel: Library:

Page 135 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

38 226.1, 902.2 4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide

space for a wheelchair. A compliant wheelchair space

must provide knee space under the table that is at least

30" wide and 27" tall.

39

Chapel: Toilet Room:

40 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a latch-side approach.

4.13.6

The door does not have a closer. Therefore, the

maneuvering space must be at least 48" deep and must

extend at least 24" from the latch.

The knee space at the desk with the video screen is only 24" tall. FDC will replace 5% of current desk seating with compliant desks.
On the corridor side, the maneuvering space at the door is only 47" deep. FDC will install an automatic opener for the door.

Photos 4452, 4453 4432 - 4434

41 42 226.1, 902.2

Library: 4.1.3(18), 4.32 Seating is provided at tables. At least 5% must provide
space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep.

In the Library, all the tables have pedestals with feet that block the wheelchair space under the table. FDC will replace at least 5% of current seating with ADA compliant tables

4659, 4661

43 44 213.2, 609.3
45 46 204.1, 307.2

Library: Toilet Room:

4.1.3(11), There must be at least 1 1/2" of clear space below the The tank reduces the clear space to 1" below the rear grab

4.26.2

grab bar.

bar.

FDC will replace existing toilet with lower profile

toilet tank.

Test Room with Computers: (Room H100)

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 32 1/2" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

See Line 47-48

4679 4461, 4462

47

Test Room with Computers: Toilet Room:

Page 136 of 245

EXHIBIT D

48 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach. The maneuvering space extends only 7" beside the latch

4.13.6

Therefore, the maneuvering space must be 60" deep and side of the door.

must extend 18" to the side of the latch.

Water fountains to be removed from classrooms;

high/low combination fountain to be installed in main

hall (with cane detection installed on standard height

fountain).

4463, 4464

49 50 204.1, 307.2

Test Room: (Room H107)

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 32 1/2" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

See Line 48

4496, 4497

51

Test Room: Toilet Room:

Page 137 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

52 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach. The maneuvering space extends only 10" beside the latch

4.13.6

Therefore, the maneuvering space must be 60" deep and side of the door.

must extend 18" to the side of the latch.

See Line 48

53

Photos 4496, 4498

213.2, 604.2* 4.1.3(11), Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19" from the sidewall.

4.16.2

ADA Standards permit the centerline to be 16" to 18" from the sidewall.

FDC will make adjustment(s) to relocate toilet to required distance from wall.

54

Beauty Shops:

55 206.1, 403.5 4.1.2(1) & (2), Accessible route must be at least 36" wide when longer The accessible route to the appointment box narrows to

4.3.3

than 24".

24" at the bench.

56

FDC will relocate bench to provide required clearance.

4501, 4502
4132, 4135, 4537

205, 309.3* 4.1.3(13), 4.27.3

Operable parts must be within reach. A side reach is required. There is no obstruction. Therefore, it must be within 54" of the floor.

The appointment box is 57" above the floor. In that is does not comply with the 1991 ADA Standards it must comply with the 2010 ADA Standards which has a maximum height of 48". FDC will lower “appointment” mail box with opening no higher than 48” above the floor.

57 58 204.1, 307.2

Medical:

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 33" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

Water fountain to be removed or relocated. If relocated,

cane detection apron to be installed on standard height

fountain.

4130, 4131, 4537
4329, 4330

59

Medical: Waiting Room Toilet Room:

Page 138 of 245

EXHIBIT D

60 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach. A drinking fountain reduces the maneuvering space to

4331

4.13.6

Therefore, the maneuvering space must be 60" deep and about 8" beside the latch side of the door.

must extend 18" to the side of the latch.

FDC will relocate or remove water fountain.

61 62 232.3, 807.2.4, §35.151(k),
903
63 213.2, 604.2* 4.1.3(11), 4.16.2
64 65 213.2, 608.2.1 4.1.3(11),
4.21.2

Medical: Holding Cell (Toilet Room):

A bench is provided. It must be 17" - 19" above the

The bench is only about 12" deep and about 24" long.

floor, must be 20" to 24" deep and 42" long, and must FDC will remove bench.

have a back support along the 42" side.

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 1/2" from the sidewall.

ADA Standards permit the centerline to be 16" to 18" from the sidewall.

FDC will make adjustment(s) to relocate toilet to required distance from wall.

Infirmary: Bathroom:

Measured at the center points, the transfer shower must It is 40 1/2" wide by 36" deep.

be 36" by 36", exactly.

FDC will fur out wall under shower control box to

reduce dimensions to 36 inches by 36 inches.

4325 4315, 4316 4262 - 4265

Page 139 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

66 213.2, 609.3 4.1.3(11), 4.26.2

There must be at least 12" of clear space above the grab bar.

The shower control box reduces the clear space to about 2" above the control wall grab bar. Upon completion of wall being furred, grab bar will be mounted to required height/length.

Photos 4271

67

Infirmary: Isolation Cell 2:

(Other isolation cells are the same)

68 213.2, 608.4 4.1.3(11), Transfer showers must have a fixed seat.

There is no fixed shower seat is provided.

4258

4.21.3

FDC will install ADA compliant shower seat.

69 213.2, 609.3 4.1.3(11), There must be at least 12" of clear space above the grab The shower control box reduces the clear space to about

4258

4.26.2

bar.

3" above the control wall grab bar.

70

FDC will install a mountable showerhead and nozzle

no higher than 48” above the floor and 12 inches

above the grab bar.

213.2, 608.2.1 4.1.3(11), 4.21.2

Measured at the center points, the transfer shower must be 36" by 36", exactly.

It is about 40" wide by about 40" deep. FDC will fur out the walls and reduce the dimensions to create a 36 inch by 36 inch space for the shower.

71 72 204.1, 307.2

Classification: Waiting Room:

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4" if the underside 32 1/2" high and protrudes 8" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

water fountain.

4258 4509, 4510

73

Classification: Holding Cell: (Toilet Room):

Page 140 of 245

74 215.2, 702 75

4.1.3(14), 4.28.1

EXHIBIT D
Buildings with visual alarms must have visual alarms in the toilet rooms.

The building has visual alarms. However, there is no visual alarm in this room. FDC staff will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009

232.3, 807.2.4, §35.151(k), 903
76 77 227.3, 904.4* 7.2(2),

A bench is provided. It must be 17" - 19" above the floor, must be 20" to 24" deep and 42" long, and must have a back support along the 42" side.
Exterior:
A 36"-wide portion of the service counter must be no higher than 36".

The bench is about 12" deep and about 24" long. FDC will remove the bench.
The pass-thru at the Canteen service counter is 39 1/2" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

78 79 204.1, 307.2
80

Toilet Facilities:

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the accessible drinking fountain is 28"

into the circulation path by more than 4" if the underside high and protrudes about 17" into the circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

water fountain.

204.1, 307.2

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside is 30 1/2" high and protrudes 12" into the

into the circulation path by more than 4" if the underside circulation path.

is more than 27" above the floor.

FDC will add cane detection apron to standard height

water fountain.

4530
4144 - 4146, 4148
4123, 4124
4127, 4128

81

Housing:

Page 141 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

82 232.3, 807.2.3 232.3, 83

In cells having more than 25 beds, at least 5% of the beds There are 76 beds in each of 5 dormitories. Each

shall have a 30" by 48" clear floor space parallel to the dormitory serves the same purpose. Therefore, each

side of the bed.

dormitory must have at least 4 beds on an accessible route

and have the clear floor space. I reviewed G-Dorm. The

other 4 were assumed to be the same.

This is not an area of non-compliance.

232.2,

232.2,

Housing cells are provided in this area. Therefore, at least 2% serving each purpose must be cells with communication features.

There are about 224 housing cells. None have communication features. This is not an area of non-compliance.

Photos

84 85 232.3, 807.2.3 232.3,
86

H Dorm: (Faith Dorm):

In cells having more than 25 beds, at least 5% of the beds There are 68 beds in this dormitory. Therefore, at least 4

shall have a 30" by 48" clear floor space parallel to the beds on an accessible route and have the clear floor

side of the bed.

space. Only two are set up with storage lockers.

FDC will install elevated lockers for all designated ADA

wheelchair accessible beds.

227.3, 904.4* 7.2(2), 87 88

A 36"-wide portion of the service counter must be no higher than 36".

89 204.1, 307.2

4.1.3(2), 4.4.1 Objects may not protrude into the circulation path by more than 4" if the underside is more than 27" but less than 80" above the floor.

The pass-thru at the security office is 48 1/4" above the floor. FDC staff will alternatively deliver the services by having a dorm officer use the laundry pass-through to receive from or issue to a wheelchair user, items such as forms, over-the-counter medications, personal hygiene items, etc.
The underside of the shelf near the drinking fountains is about 44 1/2" above the floor and projects 10" into the circulation path. FDC will remove the shelf.

4606, 4607 4586, 4587

90
Page 142 of 245

EXHIBIT D

213.2, 609.3 4.1.3(11), There must be at least 12" of clear space above the grab The shower control box reduces the clear space to about 2

4566

4.26.2

bar.

3/4" above the grab bar on the shower control wall.

The shower wall will be furred out to place the grab bar

out from underneath the shower control box.

91

213.2, 604.8.2.3

4.1.3(11), 4.22.4

213.2, 604.8.1.5*

4.1.3(11), 4.17.6

213.2, 609.3 4.1.3(11), 4.26.2

In an ambulatory stall, the sidewall grab bar in a stall must be at least 40", must be within 12" of the rear wall, and extend at least 52" from the rear wall.
In a stall, the sidewall grab bar in a stall must be at least 40", must be within 12" of the rear wall, and extend at least 52" from the rear wall.
There must be at least 1 1/2" of clear space below the grab bar.

The grab bar is only 36" long. The front end is 38 1/2" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at 54" from the rear wall. FDC will renovate the ambulatory toilet area to provide adequate wall space to mount grab bar with required clearance.
The grab bar is only 36" long. The front end is 38" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at least 54" from the rear wall. FDC will renovate the ADA toilet area to provide adequate wall space to mount grab bar with required clearance.
The toilet tank reduces the clear space to 1/4" below the rear grab bar. FDC will replace the existing toilet with lower profile toilet tank to provide required clearance.

4543, 4544 4580, 4581
4576

Page 143 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

92

H Dorm: Audio Room:

93 206.5, 404.2.5 4.1.3(7)&(8), Threshold cannot be taller than 1/2".

The threshold at the entry door is 1 1/4" tall.

4.13.8

FDC will modify door threshold.

94 226, 902.3 4.1.3(18), The clear space under the common use work surface must It is only 22" wide.

4.32.4

be at least 30" wide.

FDC will replace at least 5% of current work area with ADA compliant tables.

95

G Dorm:

96 227.3, 904.4* 7.2(2),

A 36"-wide portion of the service counter must be no The pass-thru at the security office is about 48" above the

higher than 36".

floor.

97

FDC staff will alternatively deliver the services by having

a dorm officer receive items from, or provide items to,

inmates on the dorm floor.

98

Photos
4597, 4598 4602, 4603

204.1, 307.2 99
204.1, 307.2 100

4.1.3(2), 4.4.1 Objects may not protrude into the circulation path by more than 4" if the underside is more than 27" but less than 80" above the floor.
4.1.3(2), 4.4.1 Objects may not protrude into the circulation path by more than 4" if the underside is more than 27" but less than 80" above the floor.

The underside of the TTY shelf is about 31 1/4" above the floor and projects 12" into the circulation path. FDC will lower the TTY shelf. The underside of the shelf near the drinking fountains is about 44 1/2" above the floor and projects 10" into the circulation path. FDC will remove shelf.

213.2, 609.3 4.1.3(11),

101

4.26.2

There must be at least 12" of clear space above the grab bar.

The shower control box reduces the clear space to about 2 3/4" above the grab bar on the shower control wall. The shower wall will be furred out to place the grab bar out from underneath the shower control box.

4613, 4614 4624, 4625
4650

Page 144 of 245

EXHIBIT D

213.2,

4.1.3(11), In an ambulatory stall, the sidewall grab bar in a stall The grab bar is only 36" long. The front end is 38 1/2"

4628

102 604.8.2.3

4.22.4

must be at least 40", must be within 12" of the rear wall, from the rear wall. In that it does not comply with the

and extend at least 52" from the rear wall.

1991 ADA Standards, it must comply with the 2010 ADA

Standards which requires the front end to be at 54" from

the rear wall.

FDC will renovate the ambulatory stall to provide

adequate space to mount the side grab bar with required

clearance.

213.2,

4.1.3(11), In a stall, the sidewall grab bar in a stall must be at least The grab bar is only 36" long. The front end is 38" from

4636

604.8.1.5* 4.17.6

40", must be within 12" of the rear wall, and extend at the rear wall. In that it does not comply with the 1991

least 52" from the rear wall.

ADA Standards, it must comply with the 2010 ADA

Standards which requires the front end to be at least 54"

from the rear wall.

FDC will renovate the ADA stall to provide adequate

space to mount the side grab bar with required

213.2, 609.3 4.1.3(11),

There must be at least 1 1/2" of clear space below the

cTlheeartaonilceet.tank reduces the clear space to 1/2" below the

4633

4.26.2

grab bar.

rear grab bar.

FDC will replace with lower profile toilet tank to

provide required clearance.

103

B-Dorm: B-dorm will not be used for ADA inmates (A-Dorm is the same)

Page 145 of 245

104 227.3, 904.4* 7.2(2), 105

EXHIBIT D
A 36"-wide portion of the service counter must be no higher than 36".
Cell Block B-1:

The entire Clothing Issue pass-thru counter is 41 1/4" above the floor. ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

4150, 4151

Page 146 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

106 204.1, 307.4
107 108
204.1, 307.2 109 110
204.1, 307.2
226, 902.2*

4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least 80" above the floor.

The underside of the stairs, which are within a circulation path, are not enclosed. Therefore, the undersides of the stairs reduce the headroom to less than 80". ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

4.1.3(2), 4.4.1 Objects may not protrude into the circulation path by more than 4" if the underside is more than 27" but less than 80" above the floor.
4.1.3(2), 4.4.1 Objects may not protrude into the circulation path by more than 4" if the underside is more than 27" but less than 80" above the floor.

4.1.3(18), 4.32.3

There is a common use work surface. Toe space must extend 17" underneath.

The underside of the TTY shelf is about 30" above the floor and projects 12" into the circulation path. ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.
The underside of the shelf near the drinking fountains is about 44 1/2" above the floor and projects 10" into the circulation path. ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.
The pedestal table has supports that reduce the depth to only 11". ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

Photos 4231 4206
4228 - 4230 4197 - 4199

Page 147 of 245

204.1, 307.2

EXHIBIT D

4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude into the circulation path by more than 4" if the underside is more than 27" above the floor.

The underside of the standard height drinking fountain is 32 1/2" high and protrudes 8" into the circulation path. ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

4225, 4227

111 112 213.2, 603.2.1 4.1.3(11),
4.22.3
113
114 213.2, 608.2.1 4.1.3(11), 4.21.2

213.2, 608.4, 4.1.3(11),

115 610.3

4.21.3

Cell Block B-1: Shower: Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The turning space in the shower room is only 47 1/2" wide. ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

The clear floor space for the transfer shower must be 36" by 48". It must extend 12" beyond the seat wall.

The clear floor space for the transfer shower extends only 11 1/2" beyond the seat wall. ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

Shower seat may be rectangular or L-shaped. The side of The seat rectangular in shape and is 18" deep. The edge

the seat must be within 3" of the compartment entry. The is 9" from the entry.

front edge of rectangular seats must be 15" to 16" from ADA inmates will not be using Dorm B. Instead,

the seat wall. For L-shaped seats, the front edge of the Dorms A, C, D, E, F, G, H and I will be used by ADA

narrow side must be 15" to 16" from the seat wall and the inmates. These will need to be inspected in the future

wider side must be 22" to 23" from the seat wall and

by a licensed architect for ADA compliance.

along the back wall.

4211, 4212 4210
4215 - 4217

213.2, 609.3 4.1.3(11), There must be at least 12" of clear space above the grab The shower control box reduces the clear space to about 1

4221

4.26.2

bar.

1/2" above the control wall grab bar.

ADA inmates will not be using Dorm B. Instead, Dorms

A, C, D, E, F, G, H and I will be used by ADA inmates.

These will need to be inspected in the future by a

licensed architect for ADA compliance.

Page 148 of 245

EXHIBIT D

Line #

Florida Women's Reception Center - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

116 213.2, 608.5.1*

4.1.3(11), 4.21.5

In a transfer shower, the controls must be on the wall opposite the seat and mounted within 18" of the clear floor space.

The controls are mounted between the centerline and the back wall. In that is does not comply with the 1991 ADA Standards it must be remediated to the 2010 ADA Standards, which requires the controls to be within 15" of the centerline to the open side of the shower. ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

Photos 4220

117 118 232.3, 807.2.4 §35.151(k),
119
232.3, 807.2.4, §35.151(k), 120 903
232.3, 807.2.4, §35.151(k), 903.2

B Dorm: Holding Cell: Accessible holding cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

Clear space is only 40" wide by 36" deep. ADA inmates will not be using Dorm B. Instead, Dorms A, C, D, E, F, G, H and I will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

4160 - 4163

A bench is provided. It must be 17" - 19" above the

The bench is only 12" deep.

4164

floor, must be 20" to 24" deep and 42" long, and must ADA inmates will not be using Dorm B. Instead, Dorms

have a back support along the 42" side.

A, C, D, E, F, G, H and I will be used by ADA inmates.

A 30" by 48" clear floor space must be positioned at the TNhoecsleeawrilfllonoeresdptaocebeisinpsopseitcitoendedintothtehefustiudree obfythaelibceenncshed.

4159

end of the bench, parallel to the short side.

aArDchAiteinctmfaotreAs wDiAll cnoomt bpeliaunsicneg. Dorm B. Instead, Dorms

A, C, D, E, F, G, H and I will be used by ADA inmates.

These will need to be inspected in the future by a licensed

architect for ADA compliance.

121

Page 149 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

1

Most of South Florida Reception Center appears to have

been constructed before July 26, 1992. The parts of the

facility that were altered since July 26, 1992 and the parts

that are used to provide programs, services, and activities

to persons with disabilities must comply with alterations

provisions of 1991 ADA Standards. The 2010 Standards

were used for areas in the facilities where supplemental

scoping or technical requirements for detention facilities

are provided. (35.151(k)).

Barriers

Photos

2

I was told by the Department of Corrections that the

portions of the facility used exclusively for permanent

inmates, TCU, and Mental Health are not used by inmates

with disabilities.

3

Common Use Buildings:

4 5 206.1, 303.3 4.1.6,(1),

Processing: Changes in level that are more than 1/4" must be beveled. At the entrance to the Property Area from the yard, there

4.1.2(1) & (2),

is a change in level is more than 1/4" that are not beveled.

4.1.3(1), 4.5.2

FDC will repair threshold to Property.

6 211, 602.7 4.1.6,(1),

Where drinking fountains are provided on a floor, there On the initial waiting side, there is only one spout. It is

4.1.3(10),

must be at least two spouts on that floor. One spout must mounted 36 1/2" above the floor.

be no higher than 36" above the floor. The other spout FDC will remove the existing water fountain.

must be mounted between 38" and 43" above the floor.

204.1, 307.2 4.1.6,(1),

The underside of the drinking fountain may not protrude On the initial waiting side, the underside of the standard

7

4.1.3(2), 4.4.1 into the circulation path by more than 4” if the underside height drinking fountain is 30" high and protrudes 8" into

is more than 27” above the floor.

the circulation path.

See Line 6 – water fountain to be removed.

8

2563, 2564 2574, 2575 2574, 2576

Page 150 of 245

211, 602.7

4.1.6,(1), 4.1.3(10),

EXHIBIT D
Where drinking fountains are provided on a floor, there On the processing side, there is only one spout. It is must be at least two spouts on that floor. One spout must mounted 35" above the floor. be no higher than 36" above the floor. The other spout FDC will remove existing water fountain and install must be mounted between 38" and 43" above the floor. high/low combination water fountain installed at
compliant heights and cane detection on standard height fountain.

2611, 2612

Page 151 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

9 204.1, 307.2 10
211, 602.7
11

4.1.6,(1), 4.1.3(2), 4.4.1
4.1.6,(1), 4.1.3(10),

The underside of the drinking fountain may not protrude On the processing side, the underside of the standard

into the circulation path by more than 4” if the underside height drinking fountain is 28 1/4" high and protrudes 8"

is more than 27” above the floor.

into the circulation path.

See Line 8 – combo unit to be installed with cane

detection apron

Where drinking fountains are provided on a floor, there In the property area, there is only one spout. It is

must be at least two spouts on that floor. One spout must mounted 39" above the floor.

be no higher than 36" above the floor. The other spout FDC will remove the existing water fountain.

must be mounted between 38" and 43" above the floor.

204.1, 307.2 12

4.1.6,(1), 4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude into the circulation path by more than 4” if the underside is more than 27” above the floor.

In the property area, the underside of the standard height drinking fountain is 32 3/4" high and protrudes 8" into the circulation path. See Line 12 – existing water fountain to be removed.

Photos
2611, 2612 2618, 2619 2618, 2619

227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no

13

higher than 36".

14

227.3, 904.4*

4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no higher than 36".

The interior property counter is 42 1/2" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the accessible counter to extend the same depth as the inaccessible counter and it is not. FDC will modify existing counter to compliant height if accessed by inmates.
The entire exterior property counter is 43 1/2" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the accessible counter to extend the same depth as the inaccessible counter and it is not. FDC will modify existing counter to compliant height if accessed by inmates.

2620, 2621 2561, 2562

Page 152 of 245

213.2,

4.1.6,(1), 4.1.3(11),

15
16 206.5, 404.2.3 4.1.6,(1), 4.1.3(7)&(8), 4.13.5
17

EXHIBIT D
Each public and common use toilet room must be accessible.
Processing: Single-User Holding Cell near initial waiting area: Doors that are part of the accessible route must have a minimum clear opening of 32" when the door is open 90 degrees.

The initial waiting area has toilets and lavatories. It does not have any accessible features. FDC will assess need for toilet facilities to be available to inmates in bus bay. If required, FDC will provide accessible toilet; if not required, toilet(s) to be removed.
The clear opening of the door is 29". FDC staff will alternatively deliver the services by holding the wheelchair user in the receiving area rather than utilizing the holding cell.

2568 2572, 2573

232.3, 807.2.4 4.1.6,(1),

Accessible holding cells must have an unobstructed

The bench and toilet restrict the turning space to less than

2571

§35.151(k), turning space of either a 60" diameter circle or a 60" T- 60".

turn.

FDC staff will alternatively deliver the services by

holding the wheelchair user in the receiving area

rather than utilizing the holding cell.

Page 153 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

18 232.3, 807.2.4, 4.1.6,(1),

903

§35.151(k),

19

A bench is provided. It must be 17" - 19" above the floor, must be 20" to 24" deep and 42" long, and must have a back support along the 42" side.

The bench is less than 20" deep and less than 42" long. FDC staff will alternatively deliver the services by holding the wheelchair user in the receiving area rather than utilizing the holding cell.

Photos

213.2,

4.1.6,(1),

Each public and common use toilet room must be

The initial waiting area has toilets and lavatories. It does

2571

4.1.3(11),

accessible.

not have any accessible features.

The photo pertains to the holding cell - FDC staff

will alternatively deliver the services by holding the

wheelchair user in the receiving area rather than

utilizing the holding cell.

20

Processing: Bathroom:

21 227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no

higher than 36".

22 213.3, 606.3
23

4.1.6,(1),

Top of the lavatory and counter cannot be higher than

4.1.3(11), 4.19.2 34".

213.3, 606.2* 4.1.6,(1),

Lavatory knee space must extend at least 8" under the

24

4.1.3(11), 4.19.2 lavatory for a height of at least 27".

The entire towel pass-thru counter is 42 1/4" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the accessible counter to extend the same depth as the inaccessible counter and it is not. FDC will add a required compliant counter space adjacent or below the existing counter space.
The top of the lavatory rim in the counter is 35" above the floor. FDC will lower the lavatory to ensure top of rim is no more than 34” above the floor. The lavatory knee space is only 26" high at the apron. FDC will modify the lavatory to provide the required 27” clearance from bottom of lavatory to floor.

2578, 2579
2596, 2597 2596, 2598

Page 154 of 245

EXHIBIT D

213.3, 606.5 25
213.3.6, 26 608.2.2

4.1.6,(1),

Pipes under the lavatory or sink must be insulated to

4.1.3(11), 4.19.4 protect a person from burns and from sharp or abrasive

edges.

4.1.6,(1),

The minimum dimensions of a roll-in shower are 30"

4.1.3(11), 4.21.2 deep by 60" wide at the midpoints.

The pipes under the accessible lavatory are not insulated. FDC will install a tapered stainless-steel shield.
The shower is only 55" wide. FDC will either expand the shower to 60” width or modify to make it compliant transfer type shower (36 inches by 36 inches).

27

213.2, 608.6* 4.1.6,(1),

The handheld shower unit must have a 60" long hose. The hose is only about 42" long.

4.1.3(11), 4.21.6 The 2010 ADA Standards permit the hose to be 59" long. FDC will provide the required 59” long hose.

213.2, 608.5 4.1.6,(1),

Shower controls must be mounted above the grab bar

4.1.3(11), 4.21.5 between 38" and 48".

The shower controls, in the highest position, are mounted about 53" above the floor. FDC will lower the shower controls to meet standards.

2598 2605, 2606
2607 2607

Page 155 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

28 213.2, 608.6

4.1.6,(1),

The hand-held shower spray must be usable as a fixed The lowest position is about 52".

4.1.3(11), 4.21.6 showerhead or as a handheld. When fixed it must be

FDC will provide compliant shower hose (59” in length).

within reach. A forward reach is required. Therefore, the

gripping surface must be within 48" of the floor.

Photos 2607

29

30 206.5, 404.2.3 4.1.6,(1)&(d),

4.1.3(7)&(8),

4.13.5

31 213.2,

4.1.6,(1),

4.1.3(11),

Toilet Room at the Property Counter: Doorways must have a minimum clear opening of 32".
Each public and common use toilet room must be accessible. Where there are several single user toilet rooms clustered together, the 2010 ADA Standards only requires at least 50% to be accessible.

At the entrance, the clear opening of the doorway is 30 3/4". FDC will enlarge doorway/door that meet standards.
It does not have any accessible features. FDC will make property room toilet ADA accessible.

2616, 2617 2614 - 2617

32 33 232, 226,
902.3
34

Holding Cell near Interview Phones:

4.1.6,(1),

The food pass/cuff port is a service counter. It must be

4.1.3(18), 7.2(2) no higher than 36" above the floor.

The food pass/cuff port is 50 3/4" high. FDC staff will alternatively deliver the services at this temporary holding cell by opening the cell door to give to, or take items from, an inmate in a wheelchair, such as paperwork, clothes, etc.

2647, 2648

§35.149,

, §35.149,

There must be access to services, programs, and

There is no bench in the accessible holding cell.

2633

activities. Benches are provided in the comparable

A bench would impede on required 60” turning radius.

holding cells that serve the same function. Therefore, the FDC has removed the bench to make it accessible for a

accessible holding cell must have a compliant bench.

wheelchair user.

Page 156 of 245

35 36 226, 902.2*

EXHIBIT D

Visitation:

4.1.6,(1),

There is a common use work surface. Toe space must

4.1.3(18), 4.32.3 extend 17" underneath.

The pedestal table has supports that reduce the depth to only 6 1/2". FDC will replace at least 5% of current seating with ADA compliant tables.

2936 - 2939, 2941

37

Visitation, Inmates Toilet Room:

Page 157 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

38 §35.149,

, §35.149,

There must be access to services, programs, and activities In the visitation room, there is an inaccessible toilet room

in the most integrated setting. Although a public entity is with a sign directing the inmate to the toilet room in the

not required to take actions that would result in a

Infirmary. The inmate requires an escort to and from the

fundamental alteration in the nature of a service, program, Infirmary and is subject to additional screening. This

or activity or in undue financial and administrative

process takes a significant amount of time. Therefore, the

burdens, it nevertheless must take any other steps

use of toilet facilities is not in the most integrated setting.

necessary to ensure that individuals with disabilities

Modifying this inaccessible toilet room does not

receive the benefits or services provided by the public fundamentally alter the nature of the facility or cause an

entity.

undue financial and administrative burden. Therefore,

this toilet room is required to be made accessible.

FDC will alter the bathroom to make it compliant.

Photos 2931, 2932

39

Chapel:

40 206.1, 405.8

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.8.5

Ramps, which slope between 5% and 8.33%, that have a At the ramp near the Chaplain Office, there are 42" tall vertical rise of more than 6" between landings must have guards, which protect against falls. However, there are handrails on both sides. The tops of the handrails must be no handrails.

34" to 38" above the ramp. The gripping surface may not FDC will install handrails. be interrupted by supports.

41 206.1, 405.8 4.1.6,(1),

Ramps, which slope between 5% and 8.33%, that have a At the ramp near the Chapel, the are 42" tall guards,

4.1.2(1) & (2), vertical rise of more than 6" between landings must have which protect against falls. However, there are no 4.1.3(1), 4.8.5 handrails on both sides. The tops of the handrails must be handrails.

34" to 38" above the ramp. The gripping surface may not FDC will install handrails. be interrupted by supports.

42 206.5, 404.2.5 4.1.6,(3)(d)(ii), , For exterior sliding doors, the top of the threshold cannot At exterior entrance to the Chapel, the top is about 1"

be more than 3/4" above the landing on both sides. If it is above the landing. It is not beveled.

taller than 1/4", it must be beveled 1:2.

FDC will replace with beveled threshold.

2673, 2675, 2676
2683
2685, 2686

43

Library:

Page 158 of 245

44 226.1, 902.2 45 204.1, 307.2

4.1.6,(1), 4.1.3(18), 4.32
4.1.6,(1), 4.1.3(2), 4.4.1

EXHIBIT D

Seating is provided at tables. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep.

In the Library, the knee space at the computer station is only 24 1/2" high. FDC will replace at least 5% of current seating with ADA compliant tables.

The underside of the drinking fountain may not protrude Outside the Library, the underside of the standard height

into the circulation path by more than 4” if the underside drinking fountain is 31" high and protrudes about 7" into

is more than 27” above the floor.

the circulation path.

FDC will add cane detection apron to standard height

water fountain.

2667, 2668 2658, 2659

Page 159 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

46 211, 602.7

4.1.6,(1), 4.1.3(10),

Where drinking fountains are provided on a floor, there Outside the Library, there is only one spout. It is must be at least two spouts on that floor. One spout must mounted 42" above the floor. be no higher than 36" above the floor. The other spout FDC will remove the existing water fountain. must be mounted between 38" and 43" above the floor.

Photos 2658, 2659

47 204.1, 307.2 48

4.1.6,(1), 4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude In the Library, the underside of the standard height

into the circulation path by more than 4” if the underside drinking fountain is 32 3/4" high and protrudes 8" into the

is more than 27” above the floor.

circulation path.

FDC will add cane detection apron to standard height

water fountain.

2669, 2670

204.1, 307.2
49 50 226, 902.2*

4.1.6,(1),

The underside of the drinking fountain may not protrude In the Library, the underside of the accessible drinking

4.1.3(2), 4.4.1 into the circulation path by more than 4” if the underside fountain is 29 3/4" high and protrudes 8" into the

is more than 27” above the floor.

circulation path.
FDC will lower the accessible fountain to provide 27” clearance from bottom edge of fountain and spout at required height.

Dining:

4.1.6,(1),

There is a common use work surface. Toe space must

4.1.3(18), 4.32.3 extend 17" underneath.

The pedestal table has supports that reduce the depth to only 11".

FDC will replace at least 5% of current seating with ADA compliant tables.

2671, 2672
2690, 2692 2694

51 52 211, 602.7

4.1.6,(1), 4.1.3(10),

53

Medical: Where drinking fountains are provided on a floor, there There is only one spout. It is mounted 43" above the must be at least two spouts on that floor. One spout must floor. be no higher than 36" above the floor. The other spout FDC will remove the existing water fountain. must be mounted between 38" and 43" above the floor.

2487, 2488

Page 160 of 245

204.1, 307.2

4.1.6,(1), 4.1.3(2), 4.4.1

EXHIBIT D

The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4” if the underside 34 1/2" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

See Line 52 – water fountain to be removed.

2487, 2488

54 55 213.3, 606.2

Infirmary: Bathroom: (with a shower)

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield.

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

2527, 2529

Page 161 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

56 213.2, 608.2 57 213.2, 608.5 58 213.2, 608.3

4.1.6,(1),

The accessible shower must be a transfer-type that is

The shower area is blocked by a sitz bath.

4.1.3(11), 4.23.8 exactly 36" by 36", roll-in type that is at least 30" deep by FDC will remove the sitz bath to provide required

at least 60" wide, or an alternate roll-in type that is

clearances.

exactly 36" deep by at least 60" wide.

4.1.6,(1),

Shower controls must be mounted above the grab bar The shower controls, in the highest position, are mounted

4.1.3(11), 4.21.5 between 38" and 48".

60" above the floor.

FDC will lower shower controls to compliant height.

4.1.6,(1),

Shower must have grab bars.

There no grab bars are provided.

4.1.3(11), 4.21.4

FDC will install required grab bars.

59

Infirmary: Isolation Cell (M1107):

60

61 62 213.3, 606
63

4.1.6,(1), 4.1.3(11), 4.19

Infirmary: Cell (M1104): The accessible lavatory must have a 30" by 48" clear floor space that extends at least 17" underneath the lavatory.

This cell is used for medical isolation. Differences from other cells is not apparent. There are no accessible features. The medical isolation cells need to be renovated to be fully ADA compliant, especially being located in the Medical Unit.
The cell is not used for isolation. The clear floor space is partially blocked by the bed. FDC will make the necessary alterations so that it is compliant.

64 §35.133,

, §35.133,

Accessible features must be maintained and operable.

213.2, 604.3* 4.1.6,(1),

Clear floor space at the toilet must be at least 60" wide

65

4.1.3(11), 4.16.2 and 56" deep.

The shower seat is broken. FDC will replace shower seat.
The bed partially blocks the clear width. FDC will make the necessary alterations so that it is compliant.

Photos 2538
2538, 2539 2538
2544 2546

Page 162 of 245

EXHIBIT D

213.2, 604.5.1 4.1.6,(1),

The sidewall grab bar at the toilet must be at least 42" There is no sidewall grab bar.

4.1.3(11), 4.16.4 long, must be within 12" of the rear wall, and must extend FDC will install required grab bars.

at least 54" from the rear wall.

66

Exterior:

67 206.1, 302.1 4.1.6,(1),

Accessible route must be firm, stable, and slip resistant. The accessible route to the fitness equipment is not

4.1.2(1) & (2),

paved.

4.5.1

FDC will construct concrete path to equipment.

2552 2846 - 2851

Page 163 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

68 206.1, 303.4 69

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.8

Changes in level of more than 1/2" must be ramped at no more than 8.33% or otherwise made accessible.

Where the accessible route connects to the volleyball court, there is an abrupt change in level of about 4". FDC will level the route and make the pathway firm and stable using asphalt or concrete.

227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no higher than 36".

The pass-thru at the Canteen service counter is 42" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

70 71 72 217, 704.2

4.1.6,(1),

Housing:
F-Dorm: Right Side: There is a bank of 4 or more telephones. There is more

There are 4 telephones. The highest operable part is 51"

4.1.3(17), 4.31.3 than one bank on this floor. At least one telephone must above the ground. No shelf or outlet is provided.

be accessible. The operable parts must be reachable by a FDC will install TTY shelf at required height and depth. forward approach and be within 48" of the floor. It must

have a shelf and electrical outlet. The accessible

telephone and 25% of the other telephones must have volume controls.

73 217.2, 704.2.4 4.1.6,(1), 4.1.3(17)(a), 4.31.8

At least one telephone must have a cord that is at least 29" long.

The telephone cord is only 16" long. FDC will contact vendor to provide minimum 29” phone cord.

74 226, 902.2* 4.1.6,(1),

There is a common use work surface. Toe space must The pedestal table has supports that reduce the depth to

4.1.3(18), 4.32.3 extend 17" underneath. 75

only 3". FDC will replace at least 5% of current seating with ADA compliant tables.

Photos
2852, 2854 2653, 2654 2710 - 2712 2713, 2714 2791 - 2795

204.1, 307.2 76

4.1.6,(1), 4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude The underside of the accessible drinking fountain is 29

into the circulation path by more than 4” if the underside 3/4" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will install high/low combination water fountain

installed at compliant heights and cane detection on

standard height fountain.

2789, 2790

Page 164 of 245

213.3, 606.2 77
206.1, 403.3

EXHIBIT D

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield.

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7

Accessible route cannot have a cross slope that is more than 2%.

A drain is in the accessible route to the shower. The cross slope at the drain ranges between 7.5% to 10.4%. FDC will re-do drain slope to make compliant.

2744 2759 - 2761

Page 165 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

Photos

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

78 213.3.6, 608.2 4.1.6,(1),

Clear floor space outside the shower must be at least 36" The privacy wall partially blocks the clear floor space.

4.1.3(11), 4.21.2 wide. For roll-in showers it must extend the length of the FDC will renovate the accessible shower area to provide

Shower. For transfer showers, it must be at least 48" long. required clear floor space.

The clear floor space must be adjacent to and

perpendicular to the seat wall.

79 213.2, 608.4, 4.1.6,(1),

A seat is provided in the shower. Back support must be There is a grab bar on the seat wall that interferes with the

903.4

4.1.3(11), 4.21.3 provided to a point at least 18" above the seat.

back support.

FDC will remove grab bar mounted behind shower seat

and install compliant grab bars upon completion of

renovation.

80 213.2, 608.4 4.1.6,(1),

A seat is provided in the shower. It must extend the full The shower seat is 5 1/4" from the back wall.

4.1.3(11), 4.21.3 length of the seat wall to within 1 1/2" of the back wall FDC will adjust the shower seat to comply with

and to within 3" of the compartment entry.

dimensions.

81 213.3, 608.5.2 4.1.6,(1),

The roll-in shower has a seat. Therefore, the controls The showerhead is about 31" from the seat wall.

4.1.3(11), 4.21.3 including the showerhead must be mounted on the back FDC will provide a hand held shower head with hose on a

wall within 27" of the seat wall.

cord to meet reach requirements.

82 213.2, 608.6 4.1.6,(1),

Either a fixed showerhead mounted 48" above the floor or The showerhead is missing.

4.1.3(11), 4.21.6 a handheld shower unit must be provided.

FDC will repair and replace the shower head.

2750, 2756, 2762, 2764
2757
2768, 2769 2757 2757

83 213.2, 605.2* 4.1.6,(1),

Urinal must be an elongated model.

4.1.3(11), 4.18.2

The urinal is not an elongated model. FDC will replace the urinal with an elongated model.

2739, 2743

84 213.3, 604.8.2*
85 213.2, 604.8.2.3

4.1.6,(1),

The ambulatory stall must be 36" wide. The 2010 ADA

4.1.3(11), 4.22.4 Standards permit the stall to be 35" to 37" wide.

4.1.6,(1),

In an ambulatory stall, the sidewall grab bar in a stall

4.1.3(11), 4.22.4 must be at least 40", must be within 12" of the rear wall,

and extend at least 52" from the rear wall.

In the ambulatory stall is 40" wide. FDC will fur out the walls and reduce the dimensions to create a 36 inch wide stall.
The front end is 46" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at 54" from the rear wall. FDC will make modifications to the wall to provide adequate space to mount grab bar and provide required clearance to side walls.

2724, 2725 2726, 2727

Page 166 of 245

EXHIBIT D

86 213.3, 604.2 4.1.6,(1),

Centerline of toilet in an ambulatory stall must be 18" The toilet centerline in ambulatory stall is 20 1/4" from

2728

4.1.3(11), 4.22.4 from sidewall. The 2010 ADA Standards permit the

the sidewall.

centerline to be 17" to 19" from the sidewalls.

FDC will make adjustment(s) to relocate toilet to required

distance from wall.

87 213.3, 604.4

4.1.6,(1),

In the ambulatory stall, the toilet seat must be 17" to 19" The toilet seat in the ambulatory stall is only 16 1/4" high.

4.1.3(11), 4.22.4 above the floor.

FDC will replace existing toilet with ADA compliant

toilet.

2729, 2730

Page 167 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

88 213.2, 604.8.1.5*
89

4.1.6,(1),

In a stall, the sidewall grab bar in a stall must be at least

4.1.3(11), 4.17.6 40", must be within 12" of the rear wall, and extend at

least 52" from the rear wall.

The front end is 46" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at least 54" from the rear wall. FDC will make modifications to the wall to provide adequate space to mount grab bar and provide required clearance to side wall.

213.2, 604.8.1.5*
90

4.1.6,(1),

The rear grab bar must be at least 36" long. It must

4.1.3(11), 4.16.4 extend from the toilet centerline to at least 12" in each

direction.

227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no higher than 36".

It is 33" long. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. FDC will mount required 36” rear grab bar.
The pass-thru at the service counter is 41 1/2" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

91 92 213.3, 606.2
93

F-Dorm: Left Side:

4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep The front of the toe space is only 8" from the front edge

4.1.3(11), 4.19.2 and extend to the faucet and other operable parts. At a of the counter.

point 9" above the floor, the knee space must extend to a FDC will install a tapered stainless-steel shield.

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

Photos 2737, 2738 2735, 2736
2803

94

Page 168 of 245

206.1, 403.3 95

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7

EXHIBIT D
Accessible route cannot have a cross slope that is more than 2%.

There is a ramp shower clear floor space that creates a cross slope that ranges between 12.9% to 16.9%. FDC will re-do drain slope to make compliant.

2816, 2818

213.3.6, 608.2 4.1.6,(1),

Clear floor space outside the shower must be at least 36" The privacy wall partially blocks the clear floor space.

96

4.1.3(11), 4.21.2 wide. For roll-in showers it must extend the length of the FDC will renovate the accessible shower area to provide

shower. For transfer showers, it must be at least 48" long. required clear floor space.

The clear floor space must be adjacent to and

perpendicular to the seat wall.

213.2, 608.4, 4.1.6,(1),

A seat is provided in the shower. Back support must be There is a grab bar on the seat wall that interferes with the

903.4

4.1.3(11), 4.21.3 provided to a point at least 18" above the seat.

back support.

FDC will remove grab bar mounted behind shower seat

and install compliant grab bars upon completion of

213.2, 609.3

4.1.6,(1),

There must be at least 12" of clear space above the grab

4.1.3(11), 4.26.2 bar.

renovation. The shower control box reduces the clear space to 3 1/2"
above the back wall grab bar.

The shower wall will be furred out to place the grab bar out from underneath the shower control box.

2816, 2824 2826
2816
2820 - 2822

Page 169 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

97 213.3, 608.5.2 4.1.6,(1),

The roll-in shower has a seat. Therefore, the controls

4.1.3(11), 4.21.3 including the showerhead must be mounted on the back

wall within 27" of the seat wall.

98 213.3, 604.8.2*

4.1.6,(1),

The ambulatory stall must be 36" wide. The 2010 ADA

4.1.3(11), 4.22.4 Standards permit the stall to be 35" to 37" wide.

The shower spray is about 35" from the seat wall. Add a shower head on a cord.
In the ambulatory stall is about 39" wide. FDC will fur out the walls and reduce the dimensions to create a 36 inch wide stall.

99 213.2, 604.8.2.3
100 101 213.3, 604.2 102
213.3, 604.4 213.2, 103 604.8.1.5*
227.3, 904.4*

4.1.6,(1),

In an ambulatory stall, the sidewall grab bar in a stall

4.1.3(11), 4.22.4 must be at least 40", must be within 12" of the rear wall,

and extend at least 52" from the rear wall.

4.1.6,(1),

Centerline of toilet in an ambulatory stall must be 18"

4.1.3(11), 4.22.4 from sidewall. The 2010 ADA Standards permit the

centerline to be 17" to 19" from the sidewalls.

4.1.6,(1),

In the ambulatory stall, the toilet seat must be 17" to 19"

4.1.3(11), 4.22.4 above the floor.

4.1.6,(1),

In a stall, the sidewall grab bar in a stall must be at least

4.1.3(11), 4.17.6 40", must be within 12" of the rear wall, and extend at

least 52" from the rear wall.

4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no higher than 36".

The front end is about 46" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at 54" from the rear wall. FDC will make modifications to the wall to provide adequate space to mount grab bar and provide required clearance to side wall.
The toilet centerline in ambulatory stall is about 19 3/4" from the sidewall. FDC will make adjustment(s) to relocate toilet to required distance from wall. The toilet seat in the ambulatory stall is only about 16" high. FDC will replace with compliant toilet. The front end is 44" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at least 54" from the rear wall. FDC will make modifications to the wall to provide adequate space to mount grab bar and provide required clearance to side wall.
The pass-thru at the service counter is 41 1/2" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

Photos
2820 2802 2802
2802 2802 2809, 2810
2800, 2801

Page 170 of 245

104 105 204.1, 307.2
106 211, 602.2

EXHIBIT D

4.1.6,(1), 4.1.3(2), 4.4.1

C-Dorm: Right Side:

The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4” if the underside 31 1/2" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will install high/low combination water fountain

installed at compliant heights and cane detection on

standard height fountain.

4.1.6,(1),

Knee space under the drinking fountain must be at least It is only 26" high.

4.1.3(10), 4.15.5 27" high for a depth of at least 8".

See Line 105

2894, 2896 2894, 2895

Page 171 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

107 206.1, 403.3

4.1.6,(1), 4.1.2(1) & (2),
4.1.3(1), 4.3.7

Accessible route cannot have a cross slope that is more than 2%.

Drains are in the accessible route in the bathroom. The cross slope is greater than 2%.
FDC will re-do drain slope to make compliant.

Photos 2868 - 2871

108 213.3, 606.2 4.1.6,(1),

Lavatory knee and toe space must be at least 17" deep and The front of the toe space is only 8" from the front

2871

4.1.3(11), 4.19.2 extend to the faucet and other operable parts. At a point 9" edge of the counter.

above the floor, the knee space must extend to a plane that FDC will install a tapered stainless-steel shield.

is within 6" of the faucet and other operable parts. This

point is at least 11" from the front edge of the counter.

109 206.1, 403.3 4.1.6,(1),

Accessible route cannot have a cross slope that is more

There is a ramp shower clear floor space that

2865

4.1.2(1) & (2), than 2%.

creates a cross slope of about 13%

4.1.3(1), 4.3.7

FDC will re-do drain slope to make compliant.

110 213.3.6, 608.2 4.1.6,(1),

Clear floor space outside the shower must be at least 36" The privacy wall partially blocks the clear floor space.

2864

4.1.3(11), 4.21.2 wide. For roll-in showers it must extend the length of the FDC will renovate the accessible shower area to shower. For transfer showers, it must be at least 48" long. provide required clear floor space.

The clear floor space must be adjacent to and perpendicular

to the seat wall.

111 213.2, 608.4, 4.1.6,(1),

A seat is provided in the shower. Back support must be There is a grab bar on the seat wall that interferes with

2865

903.4

4.1.3(11), 4.21.3 provided to a point at least 18" above the seat.

the back support.

FDC will remove grab bar mounted behind shower

seat and install compliant grab bars upon completion

of renovation.

112 213.2, 608.4 4.1.6,(1),

A seat is provided in the shower. It must extend the full The shower seat is about 5" from the back wall.

2865

4.1.3(11), 4.21.3 length of the seat wall to within 1 1/2" of the back wall and FDC will reposition the shower seat to standards.

to within 3" of the compartment entry.

Page 172 of 245

EXHIBIT D

113 213.3, 608.5.2 4.1.6,(1),

The roll-in shower has a seat. Therefore, the controls

4.1.3(11), 4.21.3 including the showerhead must be mounted on the back

wall within 27" of the seat wall.

114 213.3,

4.1.6,(1),

The ambulatory stall must be 36" wide. The 2010 ADA

604.8.2*

4.1.3(11), 4.22.4 Standards permit the stall to be 35" to 37" wide.

115 213, 604.8.2 4.1.6,(1),

The ambulatory stall must have grab bars on both

4.1.3(11), 4.22.4 sidewalls.

The showerhead is about 35" from the seat wall. FDC will provide shower head with 59” long hose.
In the ambulatory stall is 33" wide. FDC will make modifications to the wall to provide adequate space to mount grab bar and pTrhoevaidmebruelqautoirreydsctalellaorannlycehtaos soinde gwralblsb.ar. FDC will install the second required 42” grab bar.

2864, 2866 2885, 2886
2885

Page 173 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

116 213.2, 604.8.2.3
117
118 213.3, 604.4

4.1.6,(1),

In an ambulatory stall, the sidewall grab bar in a stall

4.1.3(11), 4.22.4 must be at least 40", must be within 12" of the rear wall,

and extend at least 52" from the rear wall.

4.1.6,(1),

In the ambulatory stall, the toilet seat must be 17" to 19"

4.1.3(11), 4.22.4 above the floor.

The front end is 45" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at 54" from the rear wall. FDC will make modifications to the wall to provide adequate space to mount grab bar and provide required clearance to side walls. The toilet seat in the ambulatory stall is only 15 3/4" high. FDC will install a compliant height toilet.

Photos 2887, 2888 2890, 2891

213.2, 604.8.1.5* 119
120 213.2, 604.4

4.1.6,(1),

In a stall, the sidewall grab bar in a stall must be at least

4.1.3(11), 4.17.6 40", must be within 12" of the rear wall, and extend at

least 52" from the rear wall.

4.1.6,(1),

Toilet seat must be 17" to 19" above the floor.

4.1.3(11), 4.16.3

The front end is 47" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at least 54" from the rear wall. FDC will make modifications to the wall to provide adequate space to mount grab bar and provide required clearance to side walls.
The toilet seat is only 16" high. FDC will install a compliant height toilet.

2883, 2884 2878, 2879

227.3, 904.4* 4.1.6,(1), 7.2(2), A 36"-wide portion of the service counter must be no higher than 36".

The pass-thru at the service counter is 42" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

121 122 204.1, 307.2
123

4.1.6,(1), 4.1.3(2), 4.4.1

C-Dorm: Left Side:

The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4” if the underside 32" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will install high/low combination water fountain

installed at compliant heights and cane detection on

standard height fountain.

2898, 2899 2912, 2913

Page 174 of 245

EXHIBIT D

206.1, 403.3 4.1.6,(1),

Accessible route cannot have a cross slope that is more Drains are in the accessible route in the bathroom. The

2914

4.1.2(1) & (2), than 2%.

cross slope is greater than 2%.

124

4.1.3(1), 4.3.7

FDC will re-do drain slope to make compliant.

125 213.3, 606.5 4.1.6,(1),

Pipes under the lavatory or sink must be insulated to

The pipes under the accessible lavatory are not insulated.

2905

4.1.3(11), 4.19.4 protect a person from burns and from sharp or abrasive FDC will install a tapered stainless-steel shield.

edges.

206.1, 403.3 4.1.6,(1),

Accessible route cannot have a cross slope that is more There is a ramp shower clear floor space that creates a

2903

4.1.2(1) & (2), than 2%.

cross slope of about 13%

4.1.3(1), 4.3.7

FDC will re-do drain slope to make compliant.

Page 175 of 245

EXHIBIT D

South Florida Reception Center - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

* means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

126 213.3.6, 608.2 4.1.6,(1),

Clear floor space outside the shower must be at least 36" The privacy wall partially blocks the clear floor space.

4.1.3(11), 4.21.2 wide. For roll-in showers it must extend the length of the FDC will renovate the accessible shower area to provide

shower. For transfer showers, it must be at least 48" long. required clear floor space.

The clear floor space must be adjacent to and

perpendicular to the seat wall.

127 213.2, 608.4, 4.1.6,(1),

A seat is provided in the shower. Back support must be

903.4

4.1.3(11), 4.21.3 provided to a point at least 18" above the seat.

128 §35.133,

, §35.133,

Accessible features must be maintained and operable.

129 213.3, 6085.2 4.1.6,(1),

The roll-in shower has a seat. Therefore, the controls

4.1.3(11), 4.21.3 including the showerhead must be mounted on the back

wall within 27" of the seat wall.

There is a grab bar on the seat wall that interferes with the back support. FDC will remove grab bar mounted behind shower seat and install compliant grab bars upon completion of renovation.
The shower seat is broken. FDC will replace shower seat.
The showerhead is about 35" from the seat wall. FDC will provide 59” shower hose with nozzle.

Photos
2903 2903 2902, 2903 2903

Page 176 of 245

EXHIBIT D

130 213.3,

4.1.6,(1),

The ambulatory stall must be 36" wide. The 2010 ADA In the ambulatory stall is 34 1/4" wide.

2909

604.8.2*

4.1.3(11), 4.22.4 Standards permit the stall to be 35" to 37" wide.

FDC will make modifications to the wall to provide

adequate space to mount grab bar and provide

required clearance to side walls.

131 213.2,

4.1.6,(1),

In an ambulatory stall, the sidewall grab bar in a stall The front end is about 45" from the rear wall. In that it

2909

604.8.2.3

4.1.3(11), 4.22.4 must be at least 40", must be within 12" of the rear wall, does not comply with the 1991 ADA Standards, it must

and extend at least 52" from the rear wall.

comply with the 2010 ADA Standards which requires the

front end to be at 54" from the rear wall.

FDC will make modifications to the wall to provide

adequate space to mount grab bar and provide

required clearance to side walls.

132

Page 177 of 245

EXHIBIT D

Line #

Central Florida Reception Center - South - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

1
2 3 4 204.1, 307.2 5 204.1, 307.2

4.1.6,(1), 4.1.3(2), 4.4.1
4.1.6,(1), 4.1.3(2), 4.4.1

This facility was constructed before July 26, 1992. The alterations must comply with 1991 ADA Standards. The 2010 Standards were used for areas in the facilities where supplemental scoping or technical requirements for detention facilities are provided. (35.151(k)).

Common Use Buildings:

Visitation: Objects may not protrude into the circulation path by

Six fans are suspended overhead. The bottom edge is 63"

more than 4” if the underside is more than 27” but less above the circulation path.

than 80" above the floor.

FDC will relocate fans.

The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4” if the underside 32 1/2" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will add cane detection apron to standard height water fountain.

6

Visitation, Inmates Toilet Room:

7 213.2, 603.2.1 4.1.6,(1),

Toilet room or bathroom must have an unobstructed

The turning space is only 46" wide.

4.1.3(11), 4.22.3 turning space of either a 60" diameter circle or a 60" T- FDC will move the toilet closer to the wall to provide

turn.

turning radius.

8

205, 309.3

4.1.6,(1),

Operable parts must be operable with one hand and

4.1.3(13), 4.27.4 without tight grasping, tight pinching, or twisting of the

wrist. It must be operable with no more than 5-pounds

force.

The flush control is the large push disk type which requires more than 5-pounds force to operate. FDC will replace flush control with ADA compliant flush valve.

9

Dining:

Photos
5386 - 5389 5396, 5398 5403, 5405 -
5408 5401

10 206.5, 404.2.4.4
11

4.1.6,(1), 4.1.3(7)&(8), 4.13.6

Maneuvering space at the door cannot slope more than 2%.

The maneuvering space at the entrance has a slope of 3.2%. FDC will correct the slope at the dining hall entrance.

5499, 5500

Page 178 of 245

226, 902.3
12 226.1, 902.2

EXHIBIT D

4.1.6,(1),

The dining surface must be no higher than 34".

4.1.3(18), 4.32.4

4.1.6,(1), 4.1.3(18), 4.32

Seating is provided at tables. At least 5% must provide space for a wheelchair. A compliant wheelchair space must provide knee space under the table that is at least 30" wide, 27" tall, and 17" deep.

At two of the wheelchair spaces, it is 36 3/4" above the floor. FDC will replace non-compliant tables.
The accessible tables have pedestals with 1" thick mounting plates that block the wheelchair space under the table. FDC will modify existing tables to provide required clearance or replace with ADA compliant tables.

5503, 5504
5501, 5506, 5507

Page 179 of 245

EXHIBIT D

Line #

Central Florida Reception Center - South - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

13 205, 309.3 14

4.1.6,(1),

Operable parts must be within reach. A side reach is

4.1.3(13), 4.27.3 required. There is no obstruction. Therefore, it must be

within 54" of the floor.

One beverage dispenser is 68 1/2" above the floor. In that is does not comply with the 1991 ADA Standards it must comply with the 2010 ADA Standards which has a maximum height of 48". FDC will relocate beverage dispensers to a lower counter or area.

Photos 5519, 5520

227.3, 904.4

4.1.6,(1), 7.2(2), The service counter is less than 36"-wide. Therefore, the entire service counter must be no higher than 36".

The entire tray return counter is 38" above the floor. FDC will add a compliant counter space adjacent or below the existing counter space or provide an alternate method for returning food trays for ADA inmates.

5516, 5517

15 16 211, 602.7
17 227.3, 904.4
18 19 215*, 702* 20

4.1.6,(1), 4.1.3(10),

Medical: Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

4.1.6,(1), 7.2(2), The service counter is less than 36"-wide. Therefore, the entire service counter must be no higher than 36".

Outside the Medical Facility, there is only one spout. It is mounted 35" above the floor. FDC will install high/low combination water fountain installed at compliant heights and cane detection on standard height fountain.
The entire outside pill-call counter is 42 1/2" above the floor. FDC will add a compliant counter space adjacent or below the existing counter space.

4.1.6,(1), 4.1.3(14),

Medical: Waiting Room Toilet Room: Buildings with visual alarms must have visual alarms in common use rooms.

The building has visual alarms. However, there are no visual alarms in the toilet room. FDC staff will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009

5525, 5526 5523, 5524

Page 180 of 245

213.2, 604.4

EXHIBIT D

4.1.6,(1),

Toilet seat must be 17" to 19" above the floor.

4.1.3(11), 4.16.3

The toilet is wall-hung. The seat is 20 1/4" high. FDC will lower the toilet to required height.

5541, 5542

21

Infirmary: Shower:

22 213.2, 608.3 4.1.6,(1),

A transfer shower must have a grab bar on the back wall There is no grab bar on the back wall.

5562

4.1.3(11), 4.21.4 and a grab bar on the control wall.

FDC will install the required grab bars.

23 213.2, 608.4 4.1.6,(1),

Transfer showers must have a fixed seat.

4.1.3(11), 4.21.3

No fixed shower seat is provided.

5558

FDC will install a fixed shower seat in the transfer shower.

24 213.2, 609.3 4.1.6,(1),

There must be at least 12" of clear space above the grab The shower control box reduces the clear space to about

5562

4.1.3(11), 4.26.2 bar.

4" above the control wall grab bar.

The shower wall will be furred out to place the grab bar

out from underneath the shower control box.

25

Infirmary: Iso Room 1:

26 213.2, 604.5.1 4.1.6,(1),

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 53" from the rear

4.1.3(11), 4.16.4 long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will make modifications to the wall to provide

adequate space to mount grab bar and provide

required clearance to side walls.

5573, 5575

Page 181 of 245

EXHIBIT D

Line #

Central Florida Reception Center - South - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

27 213.2, 604.2* 4.1.6,(1),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 3/4" from the sidewall.

4.1.3(11), 4.16.2 ADA Standards permit the centerline to be 16" to 18" FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

28 213.2, 604.4 4.1.6,(1),

Toilet seat must be 17" to 19" above the floor.

The toilet is wall-hung. The seat is 20 1/2" high.

4.1.3(11), 4.16.3

FDC will lower the toilet to required height

29 30 211, 602.2

Recreation Building:

4.1.6,(1),

Knee space under the drinking fountain must be at least

4.1.3(10), 4.15.5 27" high for a depth of at least 8".

It is only 26 1/4" high. FDC will raise the water fountain to 27” above the floor.

31 227.3, 904.4

4.1.6,(1), 7.2(2), The service counter is less than 36"-wide. Therefore, the The entire equipment counter is 41" above the floor.

entire service counter must be no higher than 36".

FDC will add a required compliant counter space

adjacent or below the existing counter space.

32 33 206.5, 404.2.4 4.1.6,(1),
4.1.3(7)&(8), 4.13.6 34

Recreation Building: Toilet Room: The pull side of the door requires a forward approach. Therefore, the maneuvering space must be 60" deep and must extend 18" to the side of the latch.

The maneuvering space extends only 9 1/4" beside the latch side of the door. FDC will remove/relocate the water fountain to provide required maneuvering space.

205, 309.3
35 36 206.1, 403.3 37

4.1.6,(1),

Operable parts must be operable with one hand and

4.1.3(13), 4.27.4 without tight grasping, tight pinching, or twisting of the

wrist. It must be operable with no more than 5-pounds

force.

Exterior:

4.1.6,(1),

Accessible route cannot have a cross slope that is more

4.1.2(1) & (2), than 2%.

4.1.3(1), 4.3.7

The flush control is the large push disk type which requires more than 5-pounds force to operate. FDC will replace the push flush with compliant flush valve.
As the accessible route crosses in front of the platform lift, the cross slope is 7.3%. FDC will re-do drain slope to make compliant.

Photos
5571, 5572 5601, 5602 5598, 5599 5603, 5604
5607 5468, 5469

206.1, 302.1 4.1.6,(1),

Accessible route must be firm, stable, and slip resistant. The accessible route to the fitness equipment is not

5586

38

4.1.2(1) & (2),

paved.

4.5.1

FDC will construct an accessible path of travel to

the fitness equipment. 39

Page 182 of 245

206.1, 303.3 206.1, 403.3

4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.5.2
4.1.6,(1), 4.1.2(1) & (2), 4.1.3(1), 4.3.7

EXHIBIT D

Changes in level that are more than 1/4" must be beveled.

At the joint between the covered seating area to the accessible route to the basketball court, there is a change in level is more than 1/4" that are not beveled. FDC will make changes to the accessible route, eliminating the change(s) in level.

Accessible route cannot have a cross slope that is more than 2%.

Part of the ramp to the basketball court has a cross slope of 5.1%. FDC will re-do the slope to make it compliant.

5613, 5614 5615, 5616

Page 183 of 245

EXHIBIT D

Line #

Central Florida Reception Center - South - Accessibility Report

Citation for Citation for

Description/Issue/Requirement

Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards

1991 ADA Standards citations begin with "4.".

Barriers

40 206.1, 405

41 206.1, 405.7 4.1.6,(1), 4.1.2(1) & (2),

4.1.3(1), 4.8.4

42 206.1, 405.8, 4.1.6,(1),

505.10

4.1.2(1) & (2),

4.1.3(1), 4.8.5

43 211, 602.7

4.1.6,(1), 4.1.3(10),

Ramp must have landings at the top and bottom, whenever the ramp changes direction, and at every 30" rise. Handrails and edge protection must be provided. The handrails must be continuous and must extend 12" minimum over the landings parallel to the ramp surface. Ramp landings cannot slope more than 2% in either direction.
Ramp handrails must extend at least 12" over the landings. The extensions must be parallel to the landing.
Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

The ramp to the basketball court changes direction twice without landings at the turns. FDC will add the required landings.
The bottom landing slopes 3.9%. FDC will extend the ramp so that landings are flat and level. At the bottom, the extension slopes 4%. FDC will extend the ramp so that landings are flat and level. There is only one spout. It is mounted 33" above the floor. FDC will install high/low combination water fountain installed at compliant heights and cane detection on standard height fountain.

44 205, 309.3*
45 46 206.1, 405.2 47

4.1.6,(1),

Operable parts must be within reach. A side reach is

The water dispenser is about 61" above the floor. In that

4.1.3(13), 4.27.3 required. There is no obstruction. Therefore, it must be is does not comply with the 1991 ADA Standards it must

within 54" of the floor.

comply with the 2010 ADA Standards which has a

maximum height of 48".

See Line 43 – combo water fountain to be installed.

Seating Area:

4.1.6(3)(a),

Existing ramps that are rise no more than 6" may slope a The ramp into the seating area rises about 4" and is

maximum of 10%. Existing ramps that are rise no more sloped 11.5%.

than 3" may slope a maximum of 12.5%.

FDC will extend the ramp to reduce the slope and

approach 8.3%

Photos
5615, 5618 5625, 5626 5625, 5628 5417 - 5419 5471, 5472
589, 5560

Page 184 of 245

EXHIBIT D

226.1, 902.2 4.1.6,(1),

Seating is provided at tables. At least 5% must provide The accessible table has pedestals with 1" thick mounting

5593

4.1.3(18), 4.32 space for a wheelchair. A compliant wheelchair space plates that block the wheelchair space under the table.

must provide knee space under the table that is at least FDC will modify existing tables or replace at least 5% of

30" wide, 27" tall, and 17" deep.

current seating with ADA compliant tables.

48 49 232.2,

Housing: This building will not be used for ADA inmates (Only A and B dorms will be used)

4.1.6,(1), 232.2, Housing cells are provided in this area. Therefore, at

There are 48 housing cells. Therefore, one must have

least 2% serving each purpose must be cells with

communication features. None have communication

communication features.

features.

ADA inmates will not be using this housing facility.

Instead, Dorms A and B will be used by ADA

inmates and these will need to be inspected in the

future by a licensed architect for ADA compliance.

Page 185 of 245

EXHIBIT D

Central Florida Reception Center - South - Accessibility Report

Line # Citation for Citation for

Description/Issue/Requirement

Remediation Non-

(2010 ADA Stds) Compliance

(applicable 1991 or

2010 ADA Stds)

Barriers

Photos

50 51 206.5,
404.2.4.4

4.1.6,(1), 4.1.3(7)&(8), 4.13.6

Housing Cell 105: Maneuvering space at the door cannot slope more than 2%.

52

206.2.4, 403.3 4.1.6,(1),

53

4.1.3(1), 4.3.7

Accessible route cannot cross slope more than 2%.

54

55 213.2, 608.3 213.2, 608.5
56

4.1.6,(1),

No seat is provided in the shower. Therefore, the grab

4.1.3(11), 4.21.4 bar on the rear wall must be within 6" of the corner and

must be at least 48" long.

4.1.6,(1),

Shower controls must be mounted above the grab bar

4.1.3(11), 4.21.5 between 38" and 48".

57 213.2,
604.8.1.5*

4.1.6,(1),

The rear grab bar must be at least 36" long. It must

4.1.3(11), 4.16.4 extend from the toilet centerline to at least 12" in each

direction.

This Cell is typical for the accessible cells. The maneuvering space at the entrance has a slope between 4.8% to 6.3%. ADA inmates will not be using this housing facility. Instead, Dorms A and B will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance. The floor in the roll-in shower is part of the accessible route. It has a cross-slope of 9.5%. ADA inmates will not be using this housing facility. Instead, Dorms A and B will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance. On the back wall, the grab bar is 8" to 10" from the corners. ADA inmates will not be using this housing fTahceilisthyo.wInesrtecaodn,trDolosr,minstAheahnidghBeswt iplol sbietiounse,darbeymounted A50D"Aabionvmeatthees falnodort.hese will need to be inspected iAnDthAe ifnumtuarteebs ywaillinceont sbeeduasricnhgittehcits fhooruAsiDngAfacility. cInosmtepaldia,nDcoe.rms A and B will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.
The rear grab bar extends only 10" to the wall side of the toilet. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. ADA inmates will not be using this housing facility. Instead, Dorms A and B will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5422, 5423, 5457, 5459 5462, 5481 5483, 5485 5490, 5492 -
5493, 5496 5455, 5456
5449 - 5451
5453, 5454
5442

Page 186 of 245

EXHIBIT D

213.2, 604.5.1 4.1.6,(1),

The sidewall grab bar at the toilet must be at least 42" It is only 36" long. The front end of the grab bar is only

4.1.3(11), 4.16.4 long, must be within 12" of the rear wall, and must extend 38" from the rear wall.

at least 54" from the rear wall.

ADA inmates will not be using this housing facility.

Instead, Dorms A and B will be used by ADA inmates

and these will need to be inspected in the future by a

licensed architect for ADA compliance.

205, 309.3 58

4.1.6,(1),

Operable parts must be operable with one hand and

4.1.3(13), 4.27.4 without tight grasping, tight pinching, or twisting of the

wrist. It must be operable with no more than 5-pounds.

The flush control is the large push disk type which requires 18-pounds force to operate. ADA inmates will not be using this housing facility. Instead, Dorms A and B will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5440, 5441 5443, 5444

Page 187 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

1

Construction of this facility began after July 26, 1992 and

before March 15, 2012. Therefore, the entire facility

must comply with 1991 ADA Standards. The 2010

Standards were used for areas in the facilities where

supplemental scoping or technical requirements for

detention facilities are provided. (35.151(k)).

Barriers

Photos

2 3 4 206.1, 403.3

Common Use Buildings:
Visitation: 4.1.2(1) & (2), Accessible route cannot have a cross slope that is more 4.1.3(1), 4.3.7 than 2%.

5

Along the length of this building, the accessible route has a cross slope of about 3.1%. FDC will reconstruct the accessible route to make it compliant.

5683 - 5686

6 206.5, 404.2.5 4.1.3(7)&(8), The top of the threshold cannot be more than 1/2" above At the inmate’s entrance to the Visitation Building, the top 5642, 5643

4.13.8

the landing on both sides. If it is taller than 1/4", it must is 1" above the landing.

be beveled 1:2.

FDC will remove the threshold and replace with a

compliant beveled door threshold.

7

206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach. The maneuvering space at the door to the outdoor seating 5653, 5654

4.13.6

Therefore, the maneuvering space must be 60" deep and extends only 11 1/2" beside the latch side of the door.

must extend 18" to the side of the latch.

FDC will pour additional concrete to provide the required

maneuvering space at the entrance.

226,

4.1.3(18), There are common use tables or work surfaces. At least There are 18 tables at the outdoor pavilion seating about 5650

5% of the seats must be accessible.

72. Therefore, 4 wheelchairs spaces are required.

However, none are provided.

FDC will replace at least 5% of current seating with ADA compliant tables

8

Visitation, Inmates Toilet Room:

9 206.5, 404.2.5 4.1.3(7)&(8), The top of the threshold cannot be more than 1/2" above It is 1/2" tall and not beveled.

5660, 5662

4.13.8

the landing on both sides. If it is taller than 1/4", it must FDC will bevel the entrance to the doorway or replace with

be beveled 1:2.

a compliant threshold.

Page 188 of 245

206.5, 404.2.4 4.1.3(7)&(8),

10

4.13.6

EXHIBIT D
A forward approach to the push side of the door is required. Therefore, the maneuvering space must be 48" deep and the width of the door. If the door has a latch and a closer, the maneuvering space must extend 12" beyond the latch side of the door.

A trash receptacle partially blocks the maneuvering space at the door. It protrudes 5 1/2" into the maneuvering space on the hinge side. FDC will have the trash can permanently relocated.

5664 - 5666

Page 189 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

11 213.2, 603.2.1 4.1.3(11), 4.22.3
12

Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

Barriers
The turning space is only 43" wide. FDC will modify the restroom area to provide the required turning space.

Photos
5678, 5680 5682

13

213.3, 606.4 4.1.3(11), 4.19.5
14 213.3, 606.5 4.1.3(11), 4.19.4
213.2, 604.5.1 4.1.3(11), 4.16.4

The lavatory has a self-closing faucet. It must remain It closes in less than 10 seconds.

open for at least 10 seconds.

FDC will adjust the faucet to stay on for 10 seconds.

Pipes under the lavatory or sink must be insulated to

The pipes under the accessible lavatory are not insulated.

protect a person from burns and from sharp or abrasive FDC will install a tapered stainless-steel shield.

edges.

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 48" from the rear

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition the grab bar to provide the

required clearance from the rear wall.

5667 5678, 5679

15

Chapel:

16 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is 6100, 6101

into the circulation path by more than 4” if the underside 32 1/2" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will install high/low combination water fountain

17 211, 602.2
18

4.1.3(10), 4.15.5

installed at compliant heights and cane detection on

standard height fountain. Knee and toe space under the drinking fountain must be The knee space under the drinking fountain is only 24" 6098

at least 17" deep.

wide.

See Line 16 – water fountain to be replaced.

Page 190 of 245

19 221,

4.1.3(19)(a),

EXHIBIT D
Fixed assembly seating is provided. Therefore, accessible wheelchair spaces must be provided.

There are about 96 seats on benches. Therefore, 4 wheelchair spaces are required. However, no wheelchair spaces appear to be provided in this seating area. Although FDC and DRF disagree about whether FDC is in non-compliance, DRF will not require changes as part of the Settlement Agreement

6116, 6117

20 221.4*,

4.1.3(19)(a),

Fixed assembly seating is provided. Therefore, 1% of the There are about 96 fixed assembly seats. Therefore, 1 6116, 6117

fixed seats must be aisle seats with no armrests on the aisle seat must have no armrest or have a removable

aisle side, or have removable or folding armrests on the armrest. None is provided. Notification signage is not

aisle side. These seats must be dispersed among all

provided. In that it does not comply with the 1991 ADA

seating categories. Signage notifying patrons of the

Standards, it must be remediated to the 2010 ADA

availability of such seats must be posted at the ticket

Standards, which requires 5% of the aisle seats to comply.

office.

There are 24 aisle seats. Therefore, 1 must comply.

Although FDC and DRF disagree about whether FDC is

in non-compliance, DRF will not require changes as part

of the Settlement Agreement

219*,

4.1.3(19)(b),

There are fixed seats and an audio amplification system. No signs notify patrons that an assistive listening system Therefore, an assistive listening system must be provided. is provided. Additionally, no parts of an assistive
listening system were seen. Therefore, no assistive listening system is provided. FDC will provide an assistive listening system.

Page 191 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

21

Chapel: Toilet Room:

22 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a latch-side approach.

4.13.6

The door has a closer. Therefore, the maneuvering space

must be at least 54" deep and must extend at least 24"

from the latch.

23

Barriers
The maneuvering space at the door is only 49" deep. FDC will remove the closer mechanism from door and install spring loaded hinges on door to change the direction of the door.

Photos 6103, 6104

24 213.3, 606.4 4.1.3(11),

The lavatory has a self-closing faucet. It must remain

It closes in less than 10 seconds.

4.19.5

open for at least 10 seconds.

FDC will adjust the faucet to stay on for 10 seconds

213.2, 604.6 4.1.3(11), The toilet flush control must be on the open side of the The toilet flush control is on the wall side.

4.16.5

toilet.

FDC will change the flush valve to the open side.

25

Library:

26 206.1, 405.2 4.1.2(1) & (2), Accessible route cannot slope more than 8.33%. It

The accessible route to the entrance door has a slope

4.1.3(1), 4.3.7 cannot slope more than 5% without being constructed as a between 6% and 10%. There are no handrails.

ramp.

FDC will reconstruct the accessible route and install

27

handrails as needed.

6108 6090 - 6095

226.1, 902.2 4.1.3(18), 4.32 Seating is provided at tables. At least 5% must provide In the Library, all the tables have pedestals with feet that 6062, 6063

space for a wheelchair. A compliant wheelchair space block the wheelchair space under the table.

28

must provide knee space under the table that is at least FDC will modify or replace existing accessible tables

30" wide, 27" tall, and 17" deep.

with compliant table(s).

211, 602.7 4.1.3(10), Where drinking fountains are provided on a floor, there There is only one spout. It is mounted no higher than 36" 6075

must be at least two spouts on that floor. One spout must above the floor.

be no higher than 36" above the floor. The other spout FDC will install high/low combination water fountain

29

must be mounted between 38" and 43" above the floor. installed at compliant heights and cane detection on standard height fountain.

227.3, 904.4 7.2(2),

The service counter is less than 36"-wide. Therefore, the The entire library counter is 42" above the floor.

entire service counter must be no higher than 36".

FDC will modify or add a required compliant counter

space adjacent or below the existing counter space.

6064, 6065

30

Library: Toilet Room:

Page 192 of 245

EXHIBIT D

31 206.5, 404.2.7 4.1.3(7)&(8), The door hardware must be operable without tight

4.13.9

grasping, tight pinching, or twisting of the wrist.

32

The door has a knob that requires tight grasping and

6074

twisting to operate.

FDC will replace with a compliant lever handle.

213.3, 606.4 4.1.3(11), 4.19.5

The lavatory has a self-closing faucet. It must remain open for at least 10 seconds.

It closes in less than 10 seconds. FDC will adjust the faucet to stay on for 10 seconds.

Page 193 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

33 213.3, 606.2 4.1.3(11), 4.19.2
34 213.2, 609.3 4.1.3(11), 4.26.2

Lavatory knee and toe space must be at least 17" deep and extend to the faucet and other operable parts. At a point 9" above the floor, the knee space must extend to a plane that is within 6" of the faucet and other operable parts. This point is at least 11" from the front edge of the counter. There must be at least 1 1/2" of clear space below the grab bar.

The front of the toe space is only 9 1/2" from the front edge of the counter. FDC will install a tapered stainless-steel shield.
The flush valve assembly reduces the clear space to 1". FDC will adjust the plumbing piping to adjust handle to a lower height.

6079, 6081, 6082
6087, 6088

35

Education:

36 206.1, 405.2 4.1.2(1) & (2), Accessible route cannot slope more than 8.33%. It

The accessible route to the entrance door has a slope

4.1.3(1), 4.3.7 cannot slope more than 5% without being constructed as a between 6.1% and 7.3%. There are no handrails.

ramp.

FDC will reconstruct the accessible route and install

handrails as required.

5993 - 5996

37

Typical Classroom: (Surveyed Room 123):

38 226.1, 902.2 4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide The knee space is only 26 1/4".

space for a wheelchair. A compliant wheelchair space FDC will modify or replace existing tables with

must provide knee space under the table that is at least compliant table(s).

30" wide and 27" tall.

5998, 5999

39 211, 602.7 4.1.3(10),

Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

There is only one spout. It is mounted 34 1/2" above the
floor. FDC will install high/low combination water fountain installed at compliant heights in main hall, removing existing water fountains from classrooms.

6004, 6005

40 123): 41 206.5, 404.2.4 4.1.3(7)&(8),
4.13.6

Typical Classroom: Toilet Room: (Surveyed Room
The pull side of the door requires a forward approach. Therefore, the maneuvering space must be 60" deep and must extend 18" to the side of the latch.

The maneuvering space extends only 14 1/2" beside the latch side of the door. See Line 39

6007, 6008

Page 194 of 245

42 213.3.5, 603.3 4.1.3(11), 4.19.6

43

213.3, 606.4 4.1.3(11), 4.19.5

EXHIBIT D
Where mirrors are provided, at least one shall have the bottom of the reflective edge within 40" off the floor.
The lavatory has a self-closing faucet. It must remain open for at least 10 seconds.

The reflective surface of the mirror is mounted 57" above the floor. FDC will lower the mirror height to 40” off the floor. It closes in less than 10 seconds. FDC will adjust the faucet to stay on for 10 seconds.

6016, 6017

Page 195 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

44 213.3, 606.5 4.1.3(11), 4.19.4
45 213.2, 609.4* 4.1.3(11), 4.26.2

Pipes under the lavatory or sink must be insulated to protect a person from burns and from sharp or abrasive edges.
The centerline of the grab bars must be between 33" and 36" above the floor.

46

Barriers

Photos

The pipes under the accessible lavatory are not insulated. 6014 FDC will install a tapered stainless-steel shield.

The centerline of the grab bars at the rear toilet wall are 42 1/4" above the floor. The centerline of the sidewall toilet grab bar is 37 1/4" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which require the top of the grab bars to be between 33" and 36" above the floor. FDC will reposition rear grab bar to meet standards.

6018 - 6021

47 213.2, 604.5.1 4.1.3(11), 4.16.4

48
213.2, 604.2* 4.1.3(11), 4.16.2

213.2, 604.6 4.1.3(11), 4.16.5

49 50 211, 602.7

4.1.3(10),

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 53" from the rear

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition 42” grab bar to compliant height

and with 12” clearance from rear wall.

6028, 6029

Centerline of toilet must be 18" from sidewall. The 2010 ADA Standards permit the centerline to be 16" to 18" from the sidewall. The toilet flush control must be on the open side of the toilet.
Classroom 136: Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

The toilet centerline is 19" from the sidewall.

6025

FDC will make adjustment(s) to relocate toilet to required

distance from wall.

The toilet flush control is on the wall side.

6018

FDC will change the flush valve to the open side of the

toilet.

There is only one spout. It is mounted about 34" above 6045 the floor. See Line 39 – fountain to be removed.

Page 196 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

51 52 213.3.5, 603.3 4.1.3(11),
4.19.6
53 213.3, 606.4 4.1.3(11), 4.19.5
54 213.3, 606.5 4.1.3(11), 4.19.4
55 213.2, 609.4* 4.1.3(11), 4.26.2

56 213.2, 604.8.1.5*

4.1.3(11), 4.16.4

57 213.2, 604.5.1 4.1.3(11), 4.16.4

Classroom 136: Toilet Room:

Where mirrors are provided, at least one shall have the The reflective surface of the mirror is mounted about 57" 6048

bottom of the reflective edge within 40" of the floor.

above the floor.

FDC will lower the mirror to 40” off the floor.

The lavatory has a self-closing faucet. It must remain open for at least 10 seconds.

It closes in less than 10 seconds. FDC will adjust the faucet to stay on for 10 seconds.

Pipes under the lavatory or sink must be insulated to protect a person from burns and from sharp or abrasive

The pipes under the accessible lavatory are not insulated. 6057 FDC will install a tapered stainless-steel shield.

edges.

The centerline of the grab bars must be between 33" and The centerline of the grab bars at the rear toilet wall are 6051 - 6054

36" above the floor.

42 1/4" above the floor. The centerline of the sidewall

toilet grab bar is 38" above the floor. In that it does not

comply with the 1991 ADA Standards, it must comply

with the 2010 ADA Standards which require the top of

the grab bars to be between 33" and 36" above the floor.

FDC will mount 32” rear grab bar at compliant

The rear grab bar must be at least 36" long. It must

hTehieghret.ar grab bar is only 24" long. It that it does not

6050

extend from the toilet centerline to at least 12" in each comply with the 1991 ADA Standards, it must comply

direction.

with the 2010 ADA Standards which requires the grab bar

to extend at least 24" from the centerline to the open side.

See Line 55

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 52 1/2" from the rear 6055, 6056

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition 42” grab bar to compliant height

and with 12” clearance from rear wall.

58 59 226,
60

4.1.3(18),

Dining: There are common use tables or work surfaces. At least 5% of the seats must be accessible.

There are 36 tables, seating 144. Therefore, 8 wheelchairs spaces are required. However, none are provided. FDC will modify 5% of available seating to make wheelchair accessible.

5689 - 5691

Page 197 of 245

227.3, 904.4 7.2(1),

EXHIBIT D
A food or beverage service counter has a cash register. This counter is provided for the sales or distribution of goods. A 36"-wide portion of this counter must be no higher than 36".

The food distribution counter is 41 3/4" tall. Although FDC and DRF disagree about whether FDC is in non-compliance, as an alternative delivery, FDC will provide a cart for the placement of trays and dirty dishes by wheelchair bound inmates.

5692, 5693

Page 198 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

61 62 211, 602.7

4.1.3(10),

Medical: Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

There is only one spout. It is mounted 33" above the
floor. FDC will install high/low combination water fountain installed at compliant heights and cane detection on standard height fountain.

63 227.3, 904.4 7.2(2),

64 65 215.2, 702
66
67

4.1.3(14), 4.28.1

68 213.3, 606.4 4.1.3(11), 4.19.5 213.3, 606.5 4.1.3(11), 4.19.4
213.2, 604.5.1 4.1.3(11), 4.16.4

The service counter is less than 36"-wide. Therefore, the entire service counter must be no higher than 36".
Medical: Waiting Room Toilet Room: Buildings with visual alarms must have visual alarms in the toilet rooms.

The entire pass-thru counter is 43" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.
The building has visual alarms. However, there is no visual alarm in this room. FDC staff will alternatively deliver the services of the requested visual alarm by evacuating inmates in any emergency, and, after moving them to an approved location, conduct a count of all inmates. This is in accordance with current FDC Procedure 602.009

The lavatory has a self-closing faucet. It must remain It closes in less than 10 seconds.

open for at least 10 seconds. Pipes under the lavatory or sink must be insulated to

FDC will adjust the faucet to remain on for at least 10 sTehceonpdipse. s under the accessible lavatory are not insulated.

protect a person from burns and from sharp or abrasive FDC will install a tapered stainless-steel shield.

edges.

The sidewall grab bar at the toilet must be at least 42" The front end of the grab bar is only 48" from the rear

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition 42” side grab bar with required

clearance.

Photos 5927, 5928 5892, 5893
5901 5907, 5908

69 70 213.3.5, 603.3 4.1.3(11),
4.19.6

Infirmary: Bathroom: Where mirrors are provided, at least one shall have the bottom of the reflective edge within 40" of the floor.

The reflective surface of the mirror is mounted 50" above 5931, 5932 the floor. FDC will lower the mirror to 40” off the floor.

Page 199 of 245

213.3, 606.5 4.1.3(11),

71

4.19.4

213.2, 608.3 4.1.3(11),

72

4.21.4

213.2, 609.3 4.1.3(11),

73

4.26.2

EXHIBIT D

Pipes under the lavatory or sink must be insulated to

The pipes under the accessible lavatory are not insulated. 5929

protect a person from burns and from sharp or abrasive FDC will install a tapered stainless-steel shield.

edges.

Grab bars are required on the back wall, from the front The grab bars are about 10" to 12" from the corner.

5977

edge of the seat to within 6" of the corner and on the

FDC will reposition 42” side grab bar with required

control wall from the open end to within 6" of the corner. clearance.

There must be at least 12" of clear space above the grab bar.

The paper towel dispenser reduces the clear space to 6" above the rear toilet grab bar. FDC will remount the paper towel dispenser to 12” above the grab bar or relocate to another area of the room.

5968, 5969

Page 200 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

74 213.2, 604.6 4.1.3(11),

4.16.5 75

76 232, 226,

4.1.3(18),

902.3

7.2(2)

77

The toilet flush control must be on the open side of the toilet. Infirmary: Isolation Cell 106 (door is Cell 102): The food pass/cuff port is a service counter. It must be no higher than 36" above the floor.

Barriers

Photos

The toilet flush control is on the wall side.

5967

FDC will move the flusher to the open side of the toilet

The food pass/cuff port is 37 1/2" high.

5938 - 3941

Although FDC and DRF disagree about whether FDC is

in non-compliance, DRF will not require changes as part

of the Settlement Agreement.

213.2,

4.1.3(11),

Each public and common use bathroom must be accessible.

It does not have any accessible features. FDC is in the process of renovating and re-installing accessible features.

5950 - 5958

78

Exterior:

79 206.1, 302.1 4.1.2(1) & (2), Accessible route must be firm, stable, and slip resistant. The accessible route to the fitness equipment, basketball, 5699 - 5704,

4.5.1

ballfield, soccer field, and pavilion is not paved.

5729 - 5735

FDC will construct concrete path to fitness equipment.

80

206.1, 403.3 4.1.3(1), 4.3.7 Accessible route cannot slope more than 8.33% and

The accessible route to the Barber Shop has a slope of 5812, 5813

81

cannot slope more than 5% without having ramp features. 10.3% and does not have handrails.

FDC will make modifications to adjust the walkway to

reduce the amount of slope to 5% or less.

Page 201 of 245

206.1, 403.3

EXHIBIT D

4.1.3(1), 4.3.7

Accessible route cannot slope more than 8.33% and cannot slope more than 5% without having ramp features.

The accessible route to the Canteen has a slope of 7.6% and does not have handrails. Use concrete to adjust the walkway to reduce the amount of slope to 5% or less. $

5797, 5800

82

Canteen: Interior:

This is a work area for qualified inmates. In that this

facility was built after July 26, 1992, employee common use areas must be accessible. Additionally, the accessible route must be able to approach, enter, and

exit employee work areas. Inside the canteen, the toilet facility, and the path to it, is common use. The rest is a work area. In that Wakulla is the only

facility where I was permitted to enter the Canteen, my findings should be considered typical throughout all correctional institutions.

This is not an area of non-compliance.

83 213.2,

4.1.3(11),

Each public and common use toilet room, including employee toilet rooms, must be accessible.

There is a toilet area in the space. It has no accessible 5807 features. FDC will convert the toilet space to an accessible space or find an alternate delivery.

Page 202 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

84

Seating Area:

85 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the drinking fountain is 28" high and

5726, 5727

into the circulation path by more than 4” if the underside protrudes 8" into the circulation path.

86 211, 602.7

4.1.3(10),

is more than 27” above the floor. Where drinking fountains are provided on a floor, there

FDC will install high/low combination water fountain installed at compliant heights and cane detection on sTthanerdearisdohneliyghotnfeosupnotuaitn. .It is mounted 36" above the

5726, 5628

must be at least two spouts on that floor. One spout must floor.

be no higher than 36" above the floor. The other spout See Line 85 must be mounted between 38" and 43" above the floor.

87 227.3, 904.4 7.2(2),

The service counter is less than 36"-wide. Therefore, the The entire equipment counter is 40" above the floor.

entire service counter must be no higher than 36".

FDC will add a required compliant counter space

adjacent or below the existing counter space.

5724, 5725

88

Toilet Facilities:

89 213.3, 606.2 4.1.3(11), Lavatory knee and toe space must be at least 17" deep The lavatory has no accessible features.

5721

4.19.2

and extend to the faucet and other operable parts. At a FDC will replace with a compliant sink and features.

point 9" above the floor, the knee space must extend to a

plane that is within 6" of the faucet and other operable

parts. This point is at least 11" from the front edge of the

counter.

90 213.3, 605.2 4.1.3(11), 4.18.2

The rim of the accessible urinal must be within 17" of the The rim of the group urinal is 24 1/2" above the floor. 5718, 5719

floor.

FDC will replace with compliant urinal at required height.

91

Housing:

92 §35.151(k), §35.151(k), In cells having more than 25 beds, at least 5% of the beds There are 89 beds in each of 10 dormitories. Each

232.3, 807.2.3 232.3, 807.2.3 shall have a 30" by 48" clear floor space parallel to the dormitory serves the same purpose. Therefore, each

side of the bed.

dormitory must have at least 5 beds on an accessible route

and have the clear floor space. I reviewed E-Dorm. The

other 5 were assumed to be the same.

This is not an area of non-compliance.

Page 203 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

93 232.3,

232.3,

Housing cells are provided in this area. Therefore, at least 3% serving each purpose must be accessible.

94 232.2,

232.2,

Housing cells are provided in this area. Therefore, at least 2% serving each purpose must be cells with communication features.

Barriers

Photos

There are 3 dormitory buildings with 3 wings of 22 cells, totaling 198 cells. I do not know the programmatic distribution of these buildings. Six cells must be accessible. There are 2 designated accessible cells in Cell Block F-1. I don't know about the rest. This is not an area of non-compliance.
There are 3 dormitory buildings with 3 wings of 22 cells, totaling 198 cells. I do not know the programmatic distribution of these buildings. Four must have communications features. None have communication features. This is not an area of non-compliance.

95 96 227.3, 904.4* 7.2(2),

E-Dorm: E-dorm will not be used for ADA inmates A 36"-wide portion of the service counter must be no higher than 36".

The entire pass-thru counter from the security station is 5783, 5784 55 3/4" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the accessible counter to extend the same depth as the inaccessible counter and it is not.

97 98
221,

4.1.3(19)(a), Fixed assembly seating is provided. Therefore,

ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance. There is a seating at tables and fixed seats. However,

5794, 5795

99

accessible wheelchair spaces must be provided.

there are no wheelchair spaces in this seating area.

ADA inmates will not be using this housing unit.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

Page 204 of 245

EXHIBIT D

221,

4.1.3(19)(a), Fixed assembly seating is provided. Therefore,

There is a seating area with benches. However, there are 5794, 5795

accessible wheelchair spaces must be provided.

no wheelchair spaces in this seating area.

ADA inmates will not be using this housing unit.

Instead, Dorms A, B, C and I will be used by ADA

100 211, 602.7 4.1.3(10),

Where drinking fountains are provided on a floor, there iTnhmeareteiss aonndlythoenseeswpoilultn. eIetdistomboeunintesdpe3c5te"dabinovtheethfueture 5791, 5792 must be at least two spouts on that floor. One spout must bflyooar.licensed architect for ADA compliance.

be no higher than 36" above the floor. The other spout ADA inmates will not be using this housing unit.

101

must be mounted between 38" and 43" above the floor. Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

213.3, 606.5 4.1.3(11), Pipes under the lavatory or sink must be insulated to

bTyhea plicpeenssuenddaerrcthhieteacctcfeosrsiAbDleAlavcoatmorpyliarnecne.ot insulated. 5750

4.19.4

protect a person from burns and from sharp or abrasive ADA inmates will not be using this housing unit.

edges.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

213.2, 608.4 4.1.3(11), 4.21.3

The fixed seat in a shower must be 17" to 19" above the floor.

The shower seat is 21" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5759, 5760

Page 205 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

102 213.2, 608.4 4.1.3(11), 4.21.3

A seat is provided in the shower. It must extend the full length of the seat wall to within 1 1/2" of the back wall
and to within 3" of the compartment entry.

The shower seat is 6 1/2" from the back wall. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5761, 5762

103 213.2, 609.4* 4.1.3(11), 4.26.2
104 213.2, 608.6 4.1.3(11), 4.21.6

The centerline of the grab bars must be between 33" and 36" above the floor.

The centerline of the grab bar in the roll-in shower is 31" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which require the top of the grab bars to be between 33" and 36" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

Either a fixed showerhead mounted 48" above the floor or A handheld showerhead is not provided and the fixed

a handheld shower unit must be provided.

showerhead is 63 1/2" above the floor.

ADA inmates will not be using this housing unit.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

5763 - 5765
5763, 5764, 5767

105 213.3, 608.5.2 4.1.3(11),

The roll-in shower has a seat. Therefore, the controls

The shower control is about 30" from the seat wall.

5763

4.21.3

including the showerhead must be mounted on the back ADA inmates will not be using this housing unit.

wall within 27" of the seat wall.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

106 206.1, 303.3 4.1.2(1) & (2), Changes in level that are more than 1/4" must be beveled. There is a trench drain in the roll-in shower that is not 5756

4.1.3(1), 4.5.2

covered.

ADA inmates will not be using this housing unit.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

Page 206 of 245

107 213.3, 604.8* 4.1.3(11), 4.22.4

108 213.2, 604.8.1.1

4.1.3(11), 4.17.3

109 213.2, 604.5 4.1.3(11), 4.16.4

110 213.2, 604.2* 4.1.3(11), 4.16.2

111 213.2, 604.6 4.1.3(11), 4.16.5
112 227.3, 904.4* 7.2(2),

EXHIBIT D

Where toilet room has at least 6 water closets, one stall must comply with the ambulatory stall requirements.
Toilet stall must be at least 60" wide.
Grab bars must be on the rear wall and on the sidewall nearest the toilet.
Centerline of toilet must be 18" from sidewall. The 2010 ADA Standards permit the centerline to be 16" to 18" from the sidewall.

There are 6 toilets and none of the stalls complies with the ambulatory stall requirements. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance. The toilet stall is only 47 1/2" wide. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.
There are no grab bars. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.
The toilet centerline is 21 1/4" from the sidewall. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5744, 5745 5776, 5777 5780 5778, 5779

The toilet flush control must be on the open side of the toilet.
A 36"-wide portion of the service counter must be no higher than 36".

The toilet flush control is on the wall side. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance. The pass-thru at the towel door counter is 38 1/2" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5779 5774, 5775

Page 207 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

113 114 115 204.1, 307.4
116 117

F-Dorm: F-dorm will not be used for ADA inmates Cell Block F-1: 4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least 80" above the floor.

The underside of the stairs, which are within a circulation path, are not enclosed. Therefore, the undersides of the stairs reduce the headroom to less than 80". ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5832, 5853

226, 902.2* 118

4.1.3(18), 4.32.3

There is a common use work surface. Toe space must extend 17" underneath.

The pedestal table has supports that reduce the depth of 5853 the toe space. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

204.1, 307.2

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the drinking fountain is 29 1/4" high

into the circulation path by more than 4” if the underside and protrudes 8" into the circulation path.

is more than 27” above the floor.

ADA inmates will not be using this housing unit.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

5849, 5850

211, 602.7 4.1.3(10),

Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

There is only one spout. It is mounted 35" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5849, 5850

119

Cell Block F-1: Shower:

Page 208 of 245

120 213.2, 603.2.1 4.1.3(11), 4.22.3
121
122 213.2, 609.3 4.1.3(11), 4.26.2

123
213.2, 608.5.1*

4.1.3(11), 4.21.5

213.2, 608.6 4.1.3(11), 4.21.6

EXHIBIT D
Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.
There must be at least 12" of clear space above the grab bar.

The turning space in the shower room is only 47 1/2" wide. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5837 - 5839, 5847, 5848

The shower controls box reduces the clear space to 2 1/4" above the grab bars. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

5842 - 5844

In a transfer shower, the controls must be on the wall opposite the seat and mounted within 18" of the clear floor space.

The controls are mounted in the corner. In that is does 5842 not comply with the 1991 ADA Standards it must be remediated to the 2010 ADA Standards, which requires the controls to be within 15" of the centerline to the open side of the shower. ADA inmates will not be using this housing unit. Instead, Dorms A, B, C and I will be used by ADA inmates and these will need to be inspected in the future by a licensed architect for ADA compliance.

Either a fixed showerhead mounted 48" above the floor or A handheld showerhead is not provided and the fixed

a handheld shower unit must be provided.

showerhead is 75" above the floor.

ADA inmates will not be using this housing unit.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

5842, 5846

Page 209 of 245

EXHIBIT D

Wakulla Correctional Institution - Main - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

124 125 205, 309*
126

4.1.3(13), 4.27.2

Housing Cell 1121:

1122 is similar.

Operable parts in public and common use areas, including The window is operable. However, clear floor space is

employee common use areas, must be on an accessible blocked by the bed, operable part is out of reach, and it

route, must have a level 30" by 48" clear floor space,

requires tight grasping to operate.

must be within reach, and must be operable with one hand ADA inmates will not be using this housing unit.

and without tight grasping, tight pinching, or twisting of Instead, Dorms A, B, C and I will be used by ADA

the wrist.

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

5881, 5882

225, 811.3, 308*

4.1.3(12), 4.25.3

127
213.2, 604.8.1.5*

4.1.3(11), 4.16.4

128

129
213.2, 604.5.1 4.1.3(11), 4.16.4

Each type of storage must be within reach. A side reach There is no obstruction. The storage locker is on the

5879, 5880

is possible. Where the reach is unobstructed, it must be floor.

between 9" and 54" above the floor. Where the reach is ADA inmates will not be using this housing unit.

obstructed by an object that is more than 10" deep and no Instead, Dorms A, B, C and I will be used by ADA

more than 34" tall, it must be no higher than 46".

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

The rear grab bar must be at least 36" long. It must

The rear grab bar is only 28" long. It that it does not

5873

extend from the toilet centerline to at least 12" in each comply with the 1991 ADA Standards, it must comply

direction.

with the 2010 ADA Standards which requires the grab bar

to extend at least 24" from the centerline to the open side.

ADA inmates will not be using this housing unit.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

The sidewall grab bar at the toilet must be at least 42" It is only 25" long.

5875, 5876

long, must be within 12" of the rear wall, and must extend ADA inmates will not be using this housing unit.

at least 54" from the rear wall.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

213.2, 604.2 4.1.3(11), 4.16.2

Centerline of toilet must be 18" from sidewall. The 2010 The sidewall is angled 45 degrees away from the toilet. 5859

ADA Standards permit the centerline to be 16" to 18" ADA inmates will not be using this housing unit.

from the sidewall.

Instead, Dorms A, B, C and I will be used by ADA

inmates and these will need to be inspected in the future

by a licensed architect for ADA compliance.

Page 210 of 245

EXHIBIT D
130
Page 211 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

1

Construction of this facility began after July 26, 1992 and

before March 15, 2012. Therefore, the entire facility must

comply with 1991 ADA Standards. The 2010 Standards

were used for areas in the facilities where supplemental

scoping or technical requirements for detention facilities

are provided. (35.151(k)).

Barriers

Photos

2 3 4 211, 602.7

4.1.3(10),

Common Use Buildings:
Processing: Holding Area: Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

There is only one spout. It is mounted 32" above the floor.
FDC will remove existing water fountain from bus bay area.

6562, 6563

5 211, 602.2 6 227.3, 904.4

4.1.3(10), 4.15.5 7.2(2),

7 213.2, 609.3 8

4.1.3(11), 4.26.2

213.2, 604.2* 4.1.3(11), 4.16.2

9 10 227.3, 904.4 7.2(2),

11

Knee space under the drinking fountain must be at least 27" high for a depth of at least 8".

It is only 26" high. See Line 4

6562, 6563

The service counter is less than 36"-wide. Therefore, the The entire intake counter is 41 3/4" above the floor.

entire service counter must be no higher than 36".

FDC will add a required compliant counter space

adjacent or below the existing counter space.

6564, 6565

There must be at least 1 1/2" of clear space below the grab The toilet tank reduces the clear space to 1" below the rear

6561

bar.

grab bar.

FDC will replace with lower profile toilet tank to provide

required clearance.

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 18 3/4" from the sidewall.

6559

ADA Standards permit the centerline to be 16" to 18"

FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

Processing:

The service counter is less than 36"-wide. Therefore, the entire service counter must be no higher than 36".

The entire property storage counter is 41" above the floor. 6564, 6565 FDC will add a required compliant counter space adjacent or below the existing counter space.

Processing: Holding Cell:

Page 212 of 245

EXHIBIT D

12 232.3, 807.2.4, §35.151(k), A bench is provided. It must be 17" - 19" above the floor, The bench is 15 1/2" deep and 15 1/2" long.

903

must be 20" to 24" deep and 42" long, and must have a FDC will remove bench from one (1) holding cell.

back support along the 42" side.

6582, 6585, 6586

Page 213 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

13 213.2, 609.3 4.1.3(11), 4.26.2

There must be at least 1 1/2" of clear space below the grab The toilet tank reduces the clear space to less than 1/4"

bar.

below the rear grab bar.

FDC will replace with lower profile toilet tank to

provide required clearance.

Photos 6588

14 15 206.2.4, 309 4.1.3(13),
4.31.2

Classification: Waiting Room Telephone Room:

The telephone must have a 30" wide by 48" deep clear The clear floor space is confined on 3 sides. The clear

floor space. Access to the maneuvering clearance requires floor space is only about 36" deep.

a forward approach. Where the clear floor space is

Wheelchair inmates will be provided an alternate area

confined on 3 sides for a depth of more than 24", the clear to make legal phone calls.

floor space must be at least 36" wide.

6251 - 6253

16

Classification: Waiting Room Toilet Room:

17 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach.

The maneuvering space extends only 4" beside the latch

6257

4.13.6

Therefore, the maneuvering space must be 60" deep and side of the door.

must extend 18" to the side of the latch.

FDC will remove the water fountain to provide required

maneuvering space.

18

Visitation:

19 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is 6132, 6133

into the circulation path by more than 4” if the underside 34 1/2" high and protrudes8" into the circulation path.

is more than 27” above the floor.

FDC will add cane detection apron to standard height

20

water fountain.

226, 902.2* 4.1.3(18),

21

4.32.3

22

There is a common use work surface. Toe space must extend 17" underneath.

At the picnic table, it is only 14" deep. FDC will modify or replace existing tables with compliant table(s).

6187, 6191 6194

226, 902.2* 4.1.3(18), 4.32.3

There is a common use work surface. Toe space must extend 17" underneath.

The pedestal table has supports that reduce the depth of the toe space to 12". FDC will modify or replace existing tables with compliant table(s).

6183, 6185, 6186

Page 214 of 245

227.3, 904.4 7.2(2),

EXHIBIT D
The service counter is less than 36"-wide. Therefore, the entire service counter must be no higher than 36".

The entire visitor canteen counter is 41 1/2" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

6155, 6156

23

Visitation, Inmates Toilet Room:

24 213.3, 606.4 4.1.3(11),

The lavatory has a self-closing faucet. It must remain

4.19.5

open for at least 10 seconds.

25

Non-Contact Visitation, Inmates Toilet Room:

26 206.1, 403.3 4.1.2(1) & (2), Accessible route cannot cross slope more than 2%.

4.1.3(1), 4.3.7

It closes in less than 10 seconds. FDC will adjust faucet to run 10 seconds.

The accessible route has a cross-slope of 7.5% at the

6210, 6211

drain.

FDC will construct compliant accessible route with cross

slope no more than 2%.

Page 215 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

27 213.3, 606.3 4.1.3(11), 4.19.2
28

Top of the lavatory and counter cannot be higher than 34". The top of the lavatory rim in the counter is 35" above the 6213, 6214 floor. FDC will lower the sink to 34” above the floor.

213.2, 604.2 4.1.3(11), 4.16.2

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 3/4" from the sidewall.

6215, 6216

ADA Standards permit the centerline to be 16" to 18"

FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

29

Visitation: Visitor use, only:

These elements and toilet rooms are used by visitors. In

that this facility was built after July 26, 1992, common use areas must be accessible. In that Wakulla Annex is the only facility where I was permitted to

survey these elements, my findings should be considered typical throughout all correctional institutions.

30 227.3, 904.4 7.2(2),

The service counter is less than 36"-wide. Therefore, the entire service counter must be no higher than 36".

The entire visitor canteen counter is 41 1/2" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

6155, 6156

31 32 216.2,
33

4.1.3(16)(a),

Visitation, Visitors Toilet Room: Men's: If the toilet room is identified by a sign, then a sign that complies with the ADA Standards must be provided.

The toilet room sign has no accessible features. Convert the toilet space to an accessible space or find an alternate delivery.

226, 902.3 34

4.1.3(18), 4.32.4

The baby changing station counter must be no higher than The baby changing surface is 36" above the floor.

34".

FDC will lower the station counter surface to 34”.

6165, 6166

35 213.3, 606.4 4.1.3(11), 4.19.5

The lavatory has a self-closing faucet. It must remain open for at least 10 seconds.

It closes in less than 10 seconds. FDC will adjust faucet to run 10 seconds.

213.3, 606.5 4.1.3(11),

Pipes under the lavatory or sink must be insulated to

The pipes under the accessible lavatory are not insulated.

6162

4.19.4

protect a person from burns and from sharp or abrasive FDC will install a tapered stainless-steel shield.

edges.

36

Visitation, Visitors Toilet Room: Women's:

Page 216 of 245

37 216.2, 38 226, 902.3

4.1.3(16)(a),

EXHIBIT D
If the toilet room is identified by a sign, then a sign that complies with the ADA Standards must be provided.

The toilet room sign has no accessible features. FDC will replace with a compliant sign.

4.1.3(18), 4.32.4

The baby changing station counter must be no higher than The baby changing surface is 36 1/2" above the floor.

34".

FDC will lower the station counter surface to 34”.

6135 6145, 6146

Page 217 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

39 213.3, 606.4 4.1.3(11),

The lavatory has a self-closing faucet. It must remain

It closes in less than 10 seconds.

4.19.5

open for at least 10 seconds.

FDC will adjust faucet to run 10 seconds.

40 213.3, 606.5 4.1.3(11),

Pipes under the lavatory or sink must be insulated to

The pipes under the accessible lavatory are not insulated.

6138

4.19.4

protect a person from burns and from sharp or abrasive FDC will install a tapered stainless-steel shield.

edges.

41

Chapel:

42 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is 6220, 6221

into the circulation path by more than 4” if the underside 36" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will add cane detection apron to standard height

43

water fountain.

44 221,
45

4.1.3(19)(a), Fixed assembly seating is provided. Therefore, accessible There are about 112 seats on benches. Therefore, 6

6242

wheelchair spaces must be provided.

wheelchair spaces are required. However, no wheelchair

spaces appear to be provided in this seating area.

Although FDC and DRF disagree about whether FDC is

in non-compliance, DRF will not require changes as part

of the Settlement Agreement as long as sufficient space

continues to be made available so that safe entry, exit and

evacuation are made possible.

Page 218 of 245

EXHIBIT D

221.4*,

4.1.3(19)(a), Fixed assembly seating is provided. Therefore, 1% of the There are about 112 fixed assembly seats. Therefore, 2

6242

fixed seats must be aisle seats with no armrests on the

aisle seat must have no armrest or have a removable

aisle side, or have removable or folding armrests on the armrest. None is provided. Notification signage is not

aisle side. These seats must be dispersed among all

provided. In that it does not comply with the 1991 ADA

seating categories. Signage notifying patrons of the

Standards, it must be remediated to the 2010 ADA

availability of such seats must be posted at the ticket

Standards, which requires 5% of the aisle seats to comply.

office.

There are 28 aisle seats. Therefore, 2 must comply.

Although FDC and DRF disagree about whether FDC is

in non-compliance, DRF will not require changes as part

of the Settlement Agreement.

219*,

4.1.3(19)(b),

There are fixed seats and an audio amplification system. Therefore, an assistive listening system must be provided.

No signs notify patrons that an assistive listening system is provided. Additionally, no parts of an assistive listening system were seen. Therefore, no assistive listening system is provided. FDC will add an assistive listening system.

46

Chapel: Library:

47 226.1, 902.2 4.1.3(18), 4.32 Seating is provided at tables. At least 5% must provide The table has a pedestal with feet that block the

6248

space for a wheelchair. A compliant wheelchair space wheelchair space under the table.

must provide knee space under the table that is at least 30" FDC will replace at least 5% of current seating with ADA

wide, 27" tall, and 17" deep.

compliant tables.

Page 219 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

48

Chapel: Toilet Room:

49 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a latch-side approach.

4.13.6

The door does not have a closer. Therefore, the

maneuvering space must be at least 48" deep and must

extend at least 24" from the latch.

50

Barriers

Photos

On the corridor side, the maneuvering space at the door is only 46 1//2" deep. FDC will install an automatic door opener for the restroom door and install a non-elongated toilet.

6224, 6225

51 213.2, 603.2.1 4.1.3(11), 4.22.3

Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The turning space is only 46 1/2" wide. FDC will install an automatic door opener for the restroom door and install a non-elongated toilet.

6234 - 6237

213.3, 606.4 4.1.3(11), 4.19.5
52 53 226, 902.2* 4.1.3(18),
4.32.3

The lavatory has a self-closing faucet. It must remain open for at least 10 seconds.

It closes in less than 10 seconds. FDC will adjust faucet to run 10 seconds.

Library:

There is a common use work surface. Knee and toe space At the law library computer desk, the knee space is only 6439 - 6442

must be at least 30" wide. The knee space must be at least 23 1/2" high and 27 1/2" wide.

27" high for a depth of at least 8". The toe space must be FDC will replace at least 5% of current seating with ADA

at least 9" high and extend 17" underneath.

compliant tables.

54 227.3, 904.4 7.2(2),

The service counter is less than 36"-wide. Therefore, the entire service counter must be no higher than 36".

The entire law library counter is 43 1/2" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

55

Library: Work Area:

This is a work area for qualified inmates. In that this

facility was built after July 26, 1992, employee common use areas must be accessible. Additionally, the accessible route must be able to approach, enter, and

exit employee work areas. In that Wakulla Annex is the only facility where I was permitted to measure this ramp, my findings should be considered typical

throughout all correctional institutions.

This is not an area of non-compliance.

6437, 6438

Page 220 of 245

EXHIBIT D

56 206.1, 405.9 4.1.2(1) & (2), Ramp and landings must have edge protection, which can There is no edge protection on the open side of the ramp.

6447

4.1.3(1), 4.8.7 be a curb, wall, vertical pickets, or a 12" extended

FDC will add the required edge protection.

platform.

Page 221 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

57 206.1, 405.8, 4.1.2(1) & (2), Ramp must have handrails that are continuous or must At the bottom on the open side, the level extension is

6447, 6451

505.10

4.1.3(1), 4.8.5 extend at least 12" over the landings in the same direction about 10 1/2" before the bend.

as the ramp. The extensions must be level. Therefore, any FDC will remove and replace extensions with the

bend at the end of the handrail is not part of the 12" level proper length of at least 12”.

extension.

58

Library: Toilet Room:

59 213.3, 606.4 4.1.3(11),

The lavatory has a self-closing faucet. It must remain

It closes in less than 10 seconds.

4.19.5

open for at least 10 seconds.

FDC will adjust faucet to run 10 seconds.

60 213.2, 604.5.1 4.1.3(11),

The sidewall grab bar at the toilet must be at least 42"

The front end of the grab bar is only 52 1/2" from the rear 6459, 6460

4.16.4

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition the side grab bar to provide

61

required clearance of 12” from rear wall.

213.2, 604.2 4.1.3(11), 4.16.2

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 20" from the sidewall.

6457, 6458

ADA Standards permit the centerline to be 16" to 18"

FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

62

Typical Classroom: (Surveyed D10A):

63 226.1, 902.2 4.1.3(18), 4.32 Seating is provided at desks. At least 5% must provide The knee space is only about 22" wide.

6463

space for a wheelchair. A compliant wheelchair space FDC will replace at least 5% of current seating with ADA

must provide knee space under the table that is at least 30" compliant tables.

wide and 27" tall.

64

Typical Classroom: Toilet Room: (Surveyed D10A):

65 213.3, 606.4 4.1.3(11), 4.19.5
66 213.2, 604.5.1 4.1.3(11), 4.16.4
67

The lavatory has a self-closing faucet. It must remain open for at least 10 seconds. The sidewall grab bar at the toilet must be at least 42" long, must be within 12" of the rear wall, and must extend at least 54" from the rear wall.

It closes in less than 10 seconds. FDC will adjust faucet to run 10 seconds.
The front end of the grab bar is only 52" from the rear wall. FDC will reposition the side grab bar to provide required clearance of 12” from rear wall.

Art Classroom:

6471, 6472

Page 222 of 245

EXHIBIT D

68 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is 6499, 6501

into the circulation path by more than 4” if the underside 33 1/4" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will remove water fountain from classroom (water

fountain to be available in hall).

69 70 213.3, 606.4 4.1.3(11),
4.19.5

Art Classroom: Toilet Room: The lavatory has a self-closing faucet. It must remain open for at least 10 seconds.

It closes in less than 10 seconds. FDC will adjust faucet to run 10 seconds.

Page 223 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

71

HVAC Classroom:

72 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is

into the circulation path by more than 4” if the underside 34" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will remove water fountain.

Photos 6512, 66514

73

HVAC Classroom: Toilet Room:

74 213.3, 606.4 4.1.3(11), 4.19.5

The lavatory has a self-closing faucet. It must remain open for at least 10 seconds.

It closes in less than 10 seconds. FDC will adjust faucet to run 10 seconds.

75

Vocation Classroom E09A:

76 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is 6537, 6539

into the circulation path by more than 4” if the underside 34 1/2" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will remove water fountain.

77

Vocation Classroom E09A: Toilet Room:

78 213.3, 606.4 4.1.3(11),

The lavatory has a self-closing faucet. It must remain

It closes in less than 10 seconds.

4.19.5

open for at least 10 seconds.

FDC will adjust faucet to run 10 seconds.

79 213.2, 604.5.1 4.1.3(11),

The sidewall grab bar at the toilet must be at least 42"

The front end of the grab bar is only 53" from the rear

6544, 6545

4.16.4

long, must be within 12" of the rear wall, and must extend wall.

at least 54" from the rear wall.

FDC will reposition the side grab bar to provide

required clearance of 12” from rear wall.

80

Computer Classroom D12A: Toilet Room:

81 206.5, 404.2.4 4.1.3(7)&(8), The pull side of the door requires a forward approach.

The maneuvering space is only 41 1/4" deep and extends

4.13.6

Therefore, the maneuvering space must be 60" deep and only 14" beside the latch side of the door.

6478, 6482 6484

must extend 18" to the side of the latch.

FDC will remove water fountains to provide required

clearance.

82

Page 224 of 245

EXHIBIT D

206.1, 403.3 4.1.2(1) & (2), Accessible route cannot cross slope more than 2%.

83

4.1.3(1), 4.3.7

84

213.3, 606.4 4.1.3(11), 4.19.5

The lavatory has a self-closing faucet. It must remain open for at least 10 seconds.

The accessible route has a cross-slope of 3.5% at the

6487, 6488

drain.

Although FDC and DRF disagree about whether FDC is in non-

compliance, DRF will not require changes as part of the

Settlement Agreement. DRF would ask FDC to consider whether an inexpensive change can be made if the drain has an adjustable

sleeve or if a collar can be added to the drain.

It closes in less than 10 seconds.

aFiDnCalownilgl waditjhusgtrfoauutcteot troedrucne1t0hesesclopned.s.

213.2, 604.2 4.1.3(11), 4.16.2

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 22" from the sidewall.

6490, 6491

ADA Standards permit the centerline to be 16" to 18"

FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

Page 225 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

85 86 226,

4.1.3(18),

Dining: There are common use tables or work surfaces. At least 5% of the seats must be accessible.

There are 33 tables, seating 132. Therefore, 7 wheelchairs 6595, 6596 spaces are required. However, only 6 are provided. FDC will modify one (1) additional seat to wheelchair accessibility.

87

Mental Health:

88 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is 6272, 6274

into the circulation path by more than 4” if the underside 33 1/4" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will install high/low combination water fountain

89

installed at compliant heights and cane detection on

standard height fountain

204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the standard height drinking fountain is 6272, 6274

into the circulation path by more than 4” if the underside 29" high and protrudes 8" into the circulation path.

is more than 27” above the floor.

FDC will install high/low combination water fountain

installed at compliant heights and cane detection on

standard height fountain

90 91 226, 902.3

4.1.3(18), 4.32.4

Room 115: The clear space under the common use work surface must be at least 30" wide.

At the computer desk, the clear space is 22" wide.

6285, 6288

FDC will replace at least 5% of current seating with ADA

compliant tables

92

Mental Health: Toilet Room on the right:

93 206.1, 403.3 4.1.3(1), 4.3.7 Accessible route cannot have a cross slope that is more

than 2%.

94

The accessible route near the drain has a cross-slope of 6309, 6310 7.1%. FDC will raise the existing floor drain and rework the tile in order to decrease the slope of the floor.

Page 226 of 245

213.3, 606.4 4.1.3(11), 4.19.5

EXHIBIT D
The lavatory has a self-closing faucet. It must remain open for at least 10 seconds.

It closes in less than 10 seconds. FDC will adjust faucet to run 10 seconds.

95

Medical:

96 204.1, 307.2 4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude At the drinking fountain outside, the underside of the

into the circulation path by more than 4” if the underside standard height drinking fountain is 32" high and

is more than 27” above the floor.

protrudes about 17" into the circulation path.

97

FDC will install high/low combination water fountain

installed at compliant heights and cane detection on

standard height fountain.

6721 - 6723

211, 602.7 98

4.1.3(10),

Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

At the drinking fountain outside, there is only one spout. It is mounted 40" above the floor. See Line 96-97

6722, 6724

204.1, 307.2

4.1.3(2), 4.4.1

The underside of the drinking fountain may not protrude into the circulation path by more than 4” if the underside is more than 27” above the floor.

At the drinking fountain outside, the underside of the drinking fountain is about 28 1/2" high and protrudes about 8" into the circulation path. FDC will remove existing water fountain.

6730, 6731

Page 227 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

99 211, 602.7

4.1.3(10),

Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

At the drinking fountain outside, there is only one spout. It is mounted 35" above the floor. See Line 98

Photos 6730, 6731

100 101 213.3, 606.4
102 213.2, 604.5.1

4.1.3(11), 4.19.5 4.1.3(11), 4.16.4

103 104 213.3, 606.3

4.1.3(11), 4.19.2

Medical: Waiting Room Toilet Room:

The lavatory has a self-closing faucet. It must remain

It closes in less than 10 seconds.

open for at least 10 seconds.

FDC will adjust faucet to run 10 seconds.

The sidewall grab bar at the toilet must be at least 42"

It is 13 1/2 from the rear wall.

long, must be within 12" of the rear wall, and must extend FDC will reposition side grab bar to provide required

at least 54" from the rear wall.

clearance from rear wall.

Medical: Holding Cell (Toilet Room):

Top of the lavatory and counter cannot be higher than 34". The top of the wall-hung lavatory is 34 3/4" above the

floor. FDC will lower the sink to 34” above the floor.

6740 6749, 6750

105 213.2, 609.3

4.1.3(11), 4.26.2

There must be at least 1 1/2" of clear space below the grab The toilet tank reduces the clear space to 1" below the

bar.

grab bar.

FDC will replace with lower profile toilet tank to

provide required clearance.

6751, 6752

106 213.2, 604.2
107 108 206.1, 302.1
109 227.3, 904.4

4.1.3(11),

Centerline of toilet must be 18" from sidewall. The 2010 The toilet centerline is 19 3/4" from the sidewall.

6753

4.16.2

ADA Standards permit the centerline to be 16" to 18"

FDC will make adjustment(s) to relocate toilet to required

from the sidewall.

distance from wall.

Exterior:

4.1.2(1) & (2), Accessible route must be firm, stable, and slip resistant. The accessible route to the fitness equipment is not paved.

6404

4.5.1

FDC will add a firm and stable walking surface with either

asphalt or concrete to the fitness equipment.

7.2(2),

The service counter is less than 36"-wide. Therefore, the entire service counter must be no higher than 36".

The entire canteen counter is 37 1/2" to 38 1/2" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

6315, 6316, 6413, 6414

Page 228 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

110

Canteen: Interior:

This is a work area for qualified inmates. In that this

facility was built after July 26, 1992, employee common use areas must be accessible. Additionally, the accessible route must be able to approach, enter, and

exit employee work areas. Inside the canteen, the toilet facility, and the path to it, is common use. The rest is a work area. In that Wakulla is the only facility

where I was permitted to enter the Canteen, my findings should be considered typical throughout all correctional institutions.

This is not an area of non-compliance.

111 213.2,
112 113 226,
114 115 204.1, 307.2 116
204.1, 307.2 117

4.1.3(11),

Each public and common use toilet room, including employee toilet rooms, must be accessible.

There is a toilet area in the space. It has no accessible features. FDC will determine if there is an alternate accessible restroom available.

6408, 6411, 6412

4.1.3(18),

Seating Area: There are common use tables or work surfaces. At least 5% of the seats must be accessible.

There are 12 tables at the pavilions, seating about 47.

6405, 6406

Therefore, 3 wheelchairs spaces are required. However,

only 1 is provided.

FDC will replace at least 5% of current seating with ADA

compliant tables.

4.1.3(2), 4.4.1

Toilet Facilities: The underside of the drinking fountain may not protrude into the circulation path by more than 4” if the underside is more than 27” above the floor.

The underside of the standard height drinking fountain is 32 1/2" high and protrudes about 17" into the circulation path. FDC will add cane detection apron to standard height water fountain.

6402, 6403

4.1.3(2), 4.4.1 The underside of the drinking fountain may not protrude The underside of the accessible drinking fountain is 28"

into the circulation path by more than 4” if the underside high and protrudes 17" into the circulation path.

is more than 27” above the floor.

FDC will lower the accessible fountain.

6400, 6401

Page 229 of 245

213.3, 606.2 118

4.1.3(11), 4.19.2

213.2, 604.3* 4.1.3(11), 4.16.2

EXHIBIT D

Lavatory knee and toe space must be at least 17" deep and It is about 8" from the front edge. extend to the faucet and other operable parts. At a point FDC will install a tapered stainless-steel shield. 9" above the floor, the knee space must extend to a plane that is within 6" of the faucet and other operable parts. This point is at least 11" from the front edge of the counter.

Clear floor space at the toilet must be at least 60" wide and The wall bump-out reduces the toilet clear floor space to

56" deep.

only 36" wide.

FDC will move the toilet and either build the block

wall out or demolish part of the wall to the left of the

toilet, thereby creating a larger open space.

6390 - 6392, 6394
6396, 6397

Page 230 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

119 213.2,

4.1.3(11),

The rear grab bar must be at least 36" long. It must extend The rear grab bar is only 24" long. It that it does not

6396

604.8.1.5* 4.16.4

from the toilet centerline to at least 12" in each direction. comply with the 1991 ADA Standards, it must comply

with the 2010 ADA Standards which requires the grab bar

to extend at least 24" from the centerline to the open side.

Upon completion of renovations, FDC will install

120

Housing:

36” rear grab bar to standards.

121 §35.151(k), §35.151(k), In cells having more than 25 beds, at least 5% of the beds There are 86 beds in each of 6 dormitories. Each

232.3, 807.2.3 232.3, 807.2.3 shall have a 30" by 48" clear floor space parallel to the dormitory serves the same purpose. Therefore, each

side of the bed.

dormitory must have at least 5 beds on an accessible route

and have the clear floor space. I reviewed L-Dorm. The

other 5 were assumed to be the same.

122

This is not an area of non-compliance but is Mark Mazz’s

interpretation of the necessary access requirements for

232.3,

232.3,

these locations. Housing cells are provided in this area. Therefore, at least There are 4 dormitory buildings with 4 quads of 24 cells,

3% serving each purpose must be accessible.

totaling 384 cells. I do not know the programmatic

distribution of these buildings. Twelve cells must be

123

accessible. There are 2 designated accessible cells in Cell

Block J-1. I assume that this repeats in Quads 1 and 4 in

each building.

This is not an area of non-compliance but is Mark Mazz’s

interpretation of the necessary access requirements for

these locations.

232.2,

232.2,

Housing cells are provided in this area. Therefore, at least There are 4 dormitory buildings with 4 quads of 24 cells,

2% serving each purpose must be cells with

totaling 384 cells. I do not know the programmatic

communication features.

distribution of these buildings. Eight must have

communications features. None have communication

features.

This is not an area of non-compliance but is Mark

Mazz’s interpretation of the necessary access

requirements for these locations.

124

L-Dorm:

Page 231 of 245

125 227.3, 904.4* 7.2(2), 126

EXHIBIT D
A 36"-wide portion of the service counter must be no higher than 36".

The entire pass-thru counter from the security station is 44 6610, 6611 1/4" above the floor. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the accessible counter to extend the same depth as the inaccessible counter and it is not. FDC staff will alternatively deliver the services by having a dorm officer distribute to, or receive from, a wheelchair user, from the floor.

217.5,

4.1.3(17)(d), There are at least 3 telephones at this interior location. No shelf is provided at the telephones.

6624

Therefore, a shelf and an outlet must be provided.

FDC will add a compliant shelf and outlet for a TTY.

Page 232 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

127 204.1, 307.2

4.1.3(2), 4.4.1

Objects may not protrude into the circulation path by more The underside of the table is 28 1/2" above the floor and than 4” if the underside is more than 27” but less than 80" protrudes about 17" into the circulation path.

above the floor.

FDC will construct a stainless-steel skirt and weld it

to the underside of the table that extends into the

walkway. The skirt shall be 27 inches from the floor.

Photos 6625 - 6627

128 211, 602.7 4.1.3(10),

Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

There is only one spout. It is mounted 33" above the
floor.
FDC will install high/low combination water fountain installed at compliant heights and cane detection on standard height fountain.

6620, 6621

129 206.5, 404.2.5 4.1.3(7)&(8), The top of the threshold cannot be more than 1/2" above It is about 1/2" tall and not beveled.

6629

4.13.8

the landing on both sides. If it is taller than 1/4", it must FDC will repair/replace the door threshold with one that is

be beveled 1:2.

beveled from 1/4/ to ½ inch.

130 213.3.5, 603.3 4.1.3(11),

Where mirrors are provided, at least one shall have the The reflective surface of the mirror is mounted 41 1/2" 6646, 6647

4.19.6

bottom of the reflective edge within 40" of the floor.

above the floor.

FDC will lower the mirror to 40” off the floor.

131 §35.130(g), §35.130,

A public entity shall not exclude or otherwise deny equal In the detention dormitory, some privacy is offered in the

6652

services, programs, or activities to an individual or entity group shower. However, no privacy is provided for the

because of the known disability of an individual with

accessible shower.

whom the individual or entity is known to have a

FDC will provide a portable privacy screen for the

relationship or association.

accessible shower.

132 213.2, 608.4 4.1.3(11), 4.21.3

A seat is provided in the shower. It must extend the full The shower seat is 3" from the back wall. length of the seat wall to within 1 1/2" of the back wall FDC will adjust the shower seat to comply with

6660, 6661

and to within 3" of the compartment entry.

dimensions.

Page 233 of 245

133 213.2, 609.3 4.1.3(11), 4.26.2

EXHIBIT D
There must be at least 12" of clear space above the grab bar.

The shower control box reduces the clear space to 1/4" above the shower grab bar. The shower wall will be furred out to place the grab bar out from underneath the shower control box.

6661, 6662

134 213.3, 604.8.2*
135 213.2, 604.8.2.3

4.1.3(11), 4.22.4
4.1.3(11), 4.22.4

The ambulatory stall must be 36" wide. The 2010 ADA Standards permit the stall to be 35" to 37" wide.

In the ambulatory stall is 42" wide. FDC will fur out the walls and reduce the dimensions to create a 36 inch ambulatory stall.

6631, 6632

In an ambulatory stall, the sidewall grab bar in a stall must The grab bar is only 36" long. The front end is 37 1/2" 6633, 6634

be at least 40", must be within 12" of the rear wall, and from the rear wall. In that it does not comply with the

extend at least 52" from the rear wall.

1991 ADA Standards, it must comply with the 2010 ADA

Standards which requires the front end to be at 54" from

the rear wall. FDC will make modifications to the wall to provide

adequate space to mount grab bar and provide

required clearance to side walls.

Page 234 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

136 213.3, 604.2 4.1.3(11), 4.22.4
137

Centerline of toilet in an ambulatory stall must be 18" from sidewall. The 2010 ADA Standards permit the centerline to be 17" to 19" from the sidewalls.

Barriers
The toilet centerline in ambulatory stall is 20" from the sidewall. FDC will make adjustment(s) to relocate toilet to required distance from wall.

Photos 6635

213.2, 604.8.1.5 138
139

4.1.3(11), 4.17.6

In a stall, the sidewall grab bar in a stall must be at least 40", must be within 12" of the rear wall, and extend at least 52" from the rear wall.

The grab bar is only 30" long. The front end is 35 1/2" from the rear wall. In that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the front end to be at least 54" from the rear wall. FDC will make modifications to the wall to provide adequate space to mount grab bar and provide required clearance to side walls.

6640, 6641

140 141

Page 235 of 245

213.2, 604.8.1.5*

4.1.3(11), 4.16.4

EXHIBIT D
The rear grab bar must be at least 36" long. It must extend from the toilet centerline to at least 12" in each direction.

The rear grab bar is only 30" long. It that it does not comply with the 1991 ADA Standards, it must comply with the 2010 ADA Standards which requires the grab bar to extend at least 24" from the centerline to the open side. FDC will make modifications to the wall to provide adequate space to mount rear grab bar.

6642, 6643

213.2, 604.2* 4.1.3(11), 4.16.2
213.2, 604.6 4.1.3(11), 4.16.5
227.3, 904.4* 7.2(2),
142 143 227.3, 904.4* 7.2(2), 144 145
227.3, 904.4* 7.2(2),

232, 226, 902.3

4.1.3(18), 7.2(2)

Centerline of toilet must be 18" from sidewall. The 2010 ADA Standards permit the centerline to be 16" to 18" from the sidewall.
The toilet flush control must be on the open side of the toilet. A 36"-wide portion of the service counter must be no higher than 36".

The toilet centerline is 19 1/4" from the sidewall. FDC will make adjustment(s) to relocate toilet to required distance from wall.
The toilet flush control is on the wall side. Place flusher on the open side of the toilet.
The pass-thru at the towel door counter is 41" above the floor. FDC will add a required compliant counter space adjacent or below the existing counter space.

6637, 6638
6639 6616, 6617

J Dorm: J-dorm will not be used for ADA inmates

A 36"-wide portion of the service counter must be no

The pass-thru at the service counter in the

6666

higher than 36".

building entrance corridor is 41 1/2" above the

floor.

ADA inmates will not be using this housing unit.

Instead, Dorms K, L, M and N will be used by ADA

inmates. These will need to be inspected in the future

by a licensed architect for ADA compliance.

A 36"-wide portion of the service counter must be no higher than 36".
The food pass/cuff port is a service counter. It must be no higher than 36" above the floor.

The pass-thru at the security station is about 49" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future bAyt tahleicreencrseeadtiaornchyiaterdc,t tfhoer fAooDdApacossm/cpulfiaf npcoer.t is 38" high. 6719, 6720 ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

146

J Dorm: Holding Cell:

Page 236 of 245

147 232.3, 807.2.4 §35.151(k),

EXHIBIT D
Accessible holding cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

Clear space is only 41" wide by 40" deep. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6667 - 6669, 6672, 6673

Page 237 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

148 232.3, 807.2.4, §35.151(k), A bench is provided. It must be 17" - 19" above the floor, The bench is only 13" deep and does not have back

6670

903

must be 20" to 24" deep and 42" long, and must have a support.

back support along the 42" side. The back support must ADA inmates will not be using this housing unit.

be within 2 1/2" of the seat.

Instead, Dorms K, L, M and N will be used by ADA

149

inmates. These will need to be inspected in the future by

a licensed architect for ADA compliance.

232.3, 807.2.4, §35.151(k), A 30" by 48" clear floor space must be positioned at the No clear floor space is positioned to the side of the bench.

6667

903.2

end of the bench, parallel to the short side.

ADA inmates will not be using this housing unit.

Instead, Dorms K, L, M and N will be used by ADA

inmates. These will need to be inspected in the future by

a licensed architect for ADA compliance.

150

Cell Block J-1:

151 204.1, 307.4 4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least The underside of the stairs, which are within a circulation 6679, 6680

80" above the floor.

path, are not enclosed. Therefore, the undersides of the

stairs reduce the headroom to less than 80".

ADA inmates will not be using this housing unit.

152

Instead, Dorms K, L, M and N will be used by ADA

inmates. These will need to be inspected in the future by

a licensed architect for ADA compliance.

Page 238 of 245

226, 902.2* 4.1.3(18), 4.32.3

153 154 213.2, 608.2.1 4.1.3(11),
4.21.2 155
156 213.2, 608.4 4.1.3(11), 4.21.3

157 213.2, 608.5.1*

4.1.3(11), 4.21.5

213.2, 609.3 4.1.3(11), 4.26.2
158 159 232.3, 807.2.4 §35.151(k),

EXHIBIT D
There is a common use work surface. Toe space must extend 17" underneath.

The knee and toe space is blocked by a fixed seat. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

67114

Cell Block J-1: Shower:

Measured at the center points, the transfer shower must be It is 39 1/4" wide by 35 3/4" deep.

36" by 36", exactly.

ADA inmates will not be using this housing unit.

Instead, Dorms K, L, M and N will be used by ADA

inmates. These will need to be inspected in the future by

a licensed architect for ADA compliance.

6698 - 6701

A seat is provided in the shower. It must extend the full length of the seat wall to within 1 1/2" of the back wall and to within 3" of the compartment entry.

The shower seat is 3 1/4" from the back wall. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6706, 6707

In a transfer shower, the controls must be on the wall

The controls are mounted between the centerline and the

6710

opposite the seat and mounted within 18" of the clear floor back wall. In that is does not comply with the 1991 ADA

space.

Standards it must be remediated to the 2010 ADA

Standards, which requires the controls to be within 15" of

the centerline to the open side of the shower.

ADA inmates will not be using this housing unit.

Instead, Dorms K, L, M and N will be used by ADA

inmates. These will need to be inspected in the future by

a licensed architect for ADA compliance.

There must be at least 12" of clear space above the grab bar.

The shower control box reduces the clear space to 1 3/4" above the grab bars. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6710, 6711

Cell Block J-1: Housing Cell 1101: Accessible housing cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

Cell 1102 appears to have the same issue. The turning space 50 1/2" wide. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6681 - 6683

Page 239 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

Barriers

Photos

160 213.3.5, 603.3 4.1.3(11), 4.19.6
161
213.3, 606.3 4.1.3(11), 4.19.2

Where mirrors are provided, at least one shall have the The reflective surface of the mirror is mounted about 41"

6681

bottom of the reflective edge within 40" of the floor.

above the floor.

ADA inmates will not be using this housing unit.

Instead, Dorms K, L, M and N will be used by ADA

inmates. These will need to be inspected in the future by

a licensed architect for ADA compliance.

Top of the lavatory and counter cannot be higher than 34". The top of the lavatory rim in the counter is 34 3/4" above 6686, 6687

the floor.

ADA inmates will not be using this housing unit.

Instead, Dorms K, L, M and N will be used by ADA

inmates. These will need to be inspected in the future by

a licensed architect for ADA compliance.

162 163 227.3, 904.4* 7.2(2),
164
165

P Dorm: P-dorm will not be used for ADA inmates A 36"-wide portion of the service counter must be no higher than 36".

The pass-thru at the service counter in the building entrance corridor is 41 1/2" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6323, 6324

227.3, 904.4* 7.2(2),

A 36"-wide portion of the service counter must be no higher than 36".

206.1, 303.4 4.1.2(1) & (2), Changes in level that are no more than 1/2" require a 4.1.3(1), 4.3.8 ramp, platform lift, or elevator.

166

P Dorm: Holding Cell:

The pass-thru at the security station is 49 1/2" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6331, 6332

The accessible route to the classroom is blocked by steps. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6386, 6388

Page 240 of 245

167 232.3, 807.2.4 §35.151(k),

EXHIBIT D
Accessible holding cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

Clear space is only 41" wide by 52 1/2" deep. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6326 - 6329

168 169 204.1, 307.4
170 171

Cell Block P-4: 4.1.3(2), 4.4.2 Overhead objects along circulation paths must be at least
80" above the floor.

The underside of the stairs, which are within a circulation path, are not enclosed. Therefore, the undersides of the stairs reduce the headroom to less than 80". ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6334, 6356

172

226, 902.2* 4.1.3(18), 4.32.3
211, 602.7 4.1.3(10),

There is a common use work surface. Toe space must extend 17" underneath.

The pedestal table has supports that reduce the depth to only 14 1/4". ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6338, 6340, 6341

Where drinking fountains are provided on a floor, there must be at least two spouts on that floor. One spout must be no higher than 36" above the floor. The other spout must be mounted between 38" and 43" above the floor.

There is only one spout. It is mounted 35" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6342, 6343

Page 241 of 245

204.1, 307.2

4.1.3(2), 4.4.1

EXHIBIT D
The underside of the drinking fountain may not protrude into the circulation path by more than 4” if the underside is more than 27” above the floor.

The underside of the drinking fountain is 29" high and protrudes 8" into the circulation path. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6342, 6343

Page 242 of 245

EXHIBIT D

Wakulla Correctional Institution - Annex - Accessibility Report
Line # Citation for Citation for Description/Issue/Requirement Remediation Non(2010 ADA Stds) Compliance
(applicable 1991 or 2010 ADA Stds) * means the remediation Standard differs from the 1991 ADA Standards
1991 ADA Standards citations begin with "4.".

173 174 213.2, 603.2.1 4.1.3(11),
4.22.3
175

Cell Block P-4: Shower: Toilet room or bathroom must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

Barriers

Photos

The turning space in the shower room is only 35" wide. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6350, 6351

176 213.2, 608.2.1 4.1.3(11), 4.21.2

The clear floor space for the transfer shower must be 36" by 48". It must extend 12" beyond the seat wall.

The clear floor space for the transfer shower is only 35" wide. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6350, 6351

177 213.2, 608.4, 4.1.3(11),

610.3

4.21.3

Shower seat may be rectangular or L-shaped. The side of There is no seat. the seat must be within 3" of the compartment entry. The ADA inmates will not be using this housing unit.

6346

front edge of rectangular seats must be 15" to 16" from the Instead, Dorms K, L, M and N will be used by ADA

seat wall. For L-shaped seats, the front edge of the narrow inmates. These will need to be inspected in the future by

side must be 15" to 16" from the seat wall and the wider a licensed architect for ADA compliance.

side must be 22" to 23" from the seat wall and along the

back wall. 178

213.2,

4.1.3(11),

In a transfer shower, the controls must be on the wall

The controls are mounted between the centerline and the

6353

608.5.1*

4.21.5

opposite the seat and mounted within 18" of the clear floor back wall. In that is does not comply with the 1991 ADA

space.

Standards it must be remediated to the 2010 ADA

Standards, which requires the controls to be within 15" of

the centerline to the open side of the shower.

ADA inmates will not be using this housing unit.

Instead, Dorms K, L, M and N will be used by ADA

inmates. These will need to be inspected in the future by

a licensed architect for ADA compliance.

Page 243 of 245

213.2, 609.3 4.1.3(11), 4.26.2
179 180 232.3, 807.2.4 §35.151(k),
181

EXHIBIT D
There must be at least 12" of clear space above the grab bar.
Cell Block P-4: Housing Cell 4114: Accessible housing cells must have an unobstructed turning space of either a 60" diameter circle or a 60" Tturn.

The shower control box reduces the clear space to 1" above the grab bars. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance. Cell 4113 appears to have the same issue. The turning space 57" by 48". ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6354 6381 - 6385

182 213.3.5, 603.3 4.1.3(11), 4.19.6
213.3, 606.3 4.1.3(11), 4.19.2

Where mirrors are provided, at least one shall have the bottom of the reflective edge within 40" of the floor.

The reflective surface of the mirror is mounted 41 1/4" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6371 - 6374

Top of the lavatory and counter cannot be higher than 34". The top of the lavatory rim in the counter is 35" above the floor. ADA inmates will not be using this housing unit. Instead, Dorms K, L, M and N will be used by ADA inmates. These will need to be inspected in the future by a licensed architect for ADA compliance.

6365, 6366

Page 244 of 245

EXHIBIT D
Page 245 of 245

EXHIBIT E ARCHITECT INSPECTION PROCEDURES
These procedures are applicable to the inspection of prison facilities by the architect retained by the Florida Department of Corrections to inspect (1) those facilities that Mark Mazz did not inspect, and (2) areas within facilities that Mark Mazz did not inspect, but that FDC intends to utilize to incarcerate inmates with mobility disabilities, that are referred to in paragraphs 57b and 57c of the Settlement Agreement in the matter of Disability Rights Florida vs. Julie Jones, in her official capacity as Secretary of the Florida Department of Corrections (“FDC”), Case No. 4:16-cv-47-RH-CAS, Northern District of Florida, Tallahassee Division.
These procedures are an Exhibit to the Settlement Agreement. The purpose of the inspection is to assess all aspects of the physical accessibility, pursuant to the applicable accessibility standards. 1. The architect will inspect those dormitories where mobility disabled prisoners are housed, and all other areas where prisoners are allowed, or where they are allowed to enter or remain, along with the pathways to and from those areas. This includes but is not limited to cells, day rooms, common rooms, chow halls, recreation rooms, medical areas, mental health areas, bathrooms, showers, close management areas, disciplinary confinement areas, protective management areas, education rooms, rooms where religious services are held, counseling or substance abuse meeting rooms, medication lines, hallways, classification rooms and areas, sidewalks connecting different areas of the facility (interior and exterior), outdoor recreation spaces, sick call areas, infirmaries, hospitals or hospital-like areas, visitation areas, outside grounds, attorney meeting rooms, telephone areas, TTY/TDD areas, television areas,
Page 1 of 4

programming and vocational areas, food lines, prisoner transportation vehicles, and work areas. However, the architect will not be permitted to enter, view, and inspect any areas that require the extraction of inmates from a confinement cell unless the extraction can be achieved within a reasonable amount of time and in accordance with the institution’s safety and security needs. In addition, the architect will not be permitted to enter, view, and inspect dorms (unless they are open bay), bathrooms, or showers that are in active use by inmates, and will not be permitted to enter, view, and inspect any areas that are in active use by inmates for medical exams and treatment, counseling, or substance abuse prevention. This restriction shall not pertain to day rooms. To increase the efficiency and decrease the disruptiveness of the inspection, FDC will make reasonable efforts to coordinate the sequence of the inspections so that the areas are empty and not in use during the inspection. If any area cannot be inspected because of the above security or privacy issues, FDC will make reasonable efforts to permit the architect to view and inspect that area by the end of that day’s inspection.
2. Each inspection can be attended by a non-expert representative from Disability Rights Florida (“DRF”). This individual will be permitted to accompany the architect during the inspection.
3. DRF will provide the FDC’s designed liaison the representative’s full name, sex, race, home address, telephone number, date of birth, social security number, driver’s license number, and, if applicable, Florida Bar number, at least ten (10) business days before each inspection, so that FDC can conduct a security background check.
4. The representative from DRF will be required to adhere to all portions of FDOC Procedure 602.016 that apply to visitors or contractors, which is attached hereto. If any term of these procedures conflicts with Procedure 602.016, these procedures shall govern.
Page 2 of 4

5. Each inspection may also be attended by the following from FDC: a non-expert representative of FDC, the warden of the facility or his designee(s), and one or more additional FDC employees from FDC’s headquarters in Tallahassee.
6. On the day of the inspection, DRF’s representative will arrive at the prison at 7:30 a.m., with the goal of starting the inspections at 8 a.m. The inspections will normally conclude by 6:00 p.m., unless interrupted by an institution lock-down that occurred at some point during the inspection.
7. The architect will be escorted by at least one FDC staff member who can guide the architect through the prison, and respond to questions that relate to an identification of the areas inspected and their uses, the number and classification of inmates who are typically in that area, or the approximate date that the prison or area was built or altered.
8. DRF’s representative will not be prohibited from conversing with prisoners, but will not initiate, seek out, and actively engage in interviews with prisoners, and such conversations will not be permitted to delay the inspection.
9. The architect will be permitted to take measurements, and will be permitted to bring into the facility a tape measure, level, and clipboard for that purpose.
10. The architect and DRF’s representative will be permitted to take notes during the inspection, and will be permitted to bring pens, notepads, and paper into the facility for this purpose. FDC will not be permitted to view DRF’s representative’s notes at that time, although the representative’s notes may be discoverable at a later time pursuant to applicable rules of civil procedure.
11. The architect will be permitted to bring into the facility a copy of the plans, drawings, or other documents depicting the layout of the facility; however, the architect will not
Page 3 of 4

show these documents to any prisoner, and will allow the FDC to review them prior to leaving the institution in order for FDC to verify that all such plans, drawings, or other documents remain in the possession of the architect.
12. The architect will be permitted to take photographs of anything in the facility that is reasonably related to the inspection and will be permitted to bring a digital camera (with batteries) into the facility for this purpose. Photographs of FDC staff will not be taken. The architect will make every effort to avoid capturing prisoners in photographs; however, if prisoners are captured in a photograph, the architect will edit the photographs after the inspection to blur their faces before any such photograph is used for any purpose in this case.
13. At the end of the inspection of any area where pictures were taken, and before moving to another area, as well as at end of each day’s inspection, FDC will be permitted to review all photographs taken by the architect to determine if any photograph presents a security issue. If FDC wants the architect to delete a photograph, the architect will be permitted to take a new photograph depicting the same area of the deleted photograph that attempts to address the security concern.
Page 4 of 4

EXHIBIT F
BUSINESS ASSOCIATE AGREEMENT BETWEEN
THE FLORIDA DEPARTMENT OF CORRECTIONS AND
DISABILITY RIGHTS FLORIDA, INC.
This Business Associate Agreement (“Agreement”) is made between the Florida Department of Corrections (“Department”) and Disability Rights Florida, Inc. (“DRF”), (individually, each a “Party” and collectively, “Parties”) in accordance with 45 CFR 164.502(e), 164.504(e), 164.532(d) and (e).
WHEREAS, the Department is a “covered entity” as that term is defined in the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), 45 CFR Part 160 and Subparts A and E of Part 164 (the “Privacy Rule”) and 45 CFR Part 160 and Subparts A and C of Part 164 (the “Security Rule”);
WHEREAS, the Department receives, creates, or maintains, or has authorized DRF to receive, create, or maintain certain protected health information as that term is defined in 45 CFR 160.103 and that is subject to protection under HIPAA;
WHEREAS, DRF is considered to be a “business associate” of a covered entity as defined in the Privacy Rule;
WHEREAS, pursuant to the Privacy Rule, all business associates of covered entities must agree in writing to certain mandatory provisions regarding the use and disclosure of protected health information;
WHEREAS, the purpose of this Agreement is to comply with the requirements of the Privacy Rule, including, but not limited to, the Business Associate Contract requirements of 45 CFR 164.504(e);
WHEREAS, this Agreement defines the entire scope of services for which DRF, on behalf of the Department, is permitted to use and disclose protected health information it creates, receives, maintains, or transmits for or from the Department; and
WHEREAS, in regards to electronic protected health information as defined in 45 CFR 160.103, the purpose of this Agreement is to comply with the requirements of the Security Rule, including, but not limited to, the business associate contract requirements of 45 CFR 164.314(a).
Now, therefore, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows:
1. Definitions Generally: The following terms used in this Agreement shall have the same meaning as those terms in 45 CFR 160164: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Individually Identifiable Health Information, Notice of Privacy Practices, Protected
1

Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.
All protected health information that is created, maintained, or received by the Department and disclosed to DRF or made available in any form, including paper record, oral communication, audio recording, and electronic display by the Department or its operating units to DRF, or is created or received by DRF on the Department’s behalf, shall be subject to this Agreement.
Specifically:
(a) Business Associate. “Business associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Disability Rights Florida, Inc. (“DRF”).
(b) Covered Entity. “Covered entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103, and in reference to the party to this agreement, shall mean Florida Department of Corrections (“Department”).
(c) HIPAA Rules. “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.
2. Obligations and Activities of the Business Associate
The business associate agrees to:
(a) Not use or disclose protected health information other than as permitted or required by this Agreement or as required by law;
(b) Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;
(c) Report to the covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware, within seventy-two hours of discovery of the breach or incident. The business associate shall provide notification to individuals, the media, and the U.S. Department of Health & Human Services as required by 45 CFR 164.400-164.414 for breaches it causes;
(d) In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;
(e) Make available protected health information in a designated record set to the covered entity as necessary to satisfy the covered entity’s obligations under 45 CFR 164.524. The business associate shall provide an individual’s request to access protected health information to the covered entity to fulfill;
(f) Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy the covered entity’s obligations under 45 CFR 164.526;
(g) Maintain and make available the information required to provide an accounting of disclosures to the covered entity as necessary to satisfy the covered entity’s obligations under 45 CFR 164.528;
2

(h) To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s);
(i) Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules;
(j) Comply with Sections 164.308 (administrative safeguards), 164.310 (physical safeguards), 164.312 (technical safeguards), and 164.316 (policies and procedures and documentation requirements) of the Security Rule, and any other applicable safeguard requirement. The additional requirements of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act and regulations that relate to security and that are made applicable to covered entities shall be applicable to the business associate and are hereby incorporated by reference into this Agreement;
(k) Ensure that its agents, including its subcontractor(s), to which it provides protected health information received from, or created by the business associate on behalf of the covered entity, agree to the same restrictions and conditions that apply to the business associate, and apply reasonable and appropriate safeguards to protect such information. The business associate agrees to designate an appropriate individual (by title or name) to ensure the obligations of this Agreement are met and to respond to issues and requests related to protected health information. In addition, the business associate agrees to take other reasonable steps to ensure that its employees’ actions or omissions do not cause business associate to breach the terms of this Agreement; and
(l) Secure all protected health information by a technology standard that renders protected health information unusable, unreadable, or indecipherable to unauthorized individuals and is developed or endorsed by a standards-developing organization that is accredited by the American National Standards Institute and is consistent with guidance issued by the Secretary of Health and Human Services specifying the technologies and methodologies that render protected health information unusable, unreadable, or indecipherable to unauthorized individuals, including the use of standards developed under Section 3002(b)(2)(B)(vi) of the Public Health Service Act, pursuant to the HITECH Act, 42 U.S.C.A. § 300jj11, unless the covered entity agrees in writing that this requirement is infeasible with respect to particular data. These security and protection standards shall also apply to any of the business associate’s agents and subcontractors.
3. Obligations and Activities of the Covered Entity
(a) Upon request by the business associate, the covered entity may use or disclose protected health information of current inmates incarcerated within a correctional institution under the jurisdiction of the Department as described in paragraph 70 of the Settlement Agreement entered into by the Parties on or about July 7, 20171, to which this Agreement is attached, only to the extent the use or disclosure is for consulting services related to the Department’s health care operations, specifically and limited to, quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, or data aggregation; said uses or disclosures are also necessary to determine the covered entity’s compliance with the Settlement Agreement entered into by the Parties on or about July 7, 2017; and
1 To the extent that a breach of contract action is filed relating to compliance with the terms of the Settlement Agreement, the Parties will obtain a Qualified Protective Order from the state court to govern the use and disclosure of protected health information in that proceeding.
3

(b) The covered entity shall not request the business associate to use or disclose protected health information in any manner that would not be permissible under Subpart E of 45 CFR Part 164 if done by the covered entity, except for data aggregation as permitted by this Agreement.
4. Obligations and Activities of the Business Associate and the Covered Entity
In accordance with 45 CFR 164.504(e)(1)(ii), each party agrees that if it knows of a pattern of activity or practice of the other party that constitutes a material breach of or violation of the other party’s obligations under this Agreement, the non-breaching party will take reasonable steps to cure the breach or end the violation, and if such steps are unsuccessful, terminate the Contract or arrangement if feasible. If termination is not feasible, the party will report the problem to the Secretary of Health and Human Services.
5. Permitted Uses and Disclosures by the Business Associate
(a) The business associate may use or disclose protected health information of current inmates incarcerated within a correctional institution under the jurisdiction of the Department as described in paragraph 70 of the Settlement Agreement entered into by the Parties on or about July 7, 2017, to which this Agreement is attached, only to the extent the use or disclosure is for consulting services related to the Department’s health care operations, specifically and limited to, quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, or data aggregation; said uses or disclosures are also necessary to determine the covered entity’s compliance with the Settlement Agreement entered into by the Parties on or about July 7, 2017;
(b) The business associate is not authorized to use protected health information to de-identify the information in accordance with 45 CFR 164.514(a)-(c);
(c) The business associate may use or disclose protected health information as required by law;
(d) The business associate agrees to make uses and disclosures and requests for protected health information consistent with the covered entity’s minimum necessary policies and procedures;
(e) The business associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity, except that the business associate may provide data aggregation services related to the health care operations of the covered entity; and
(f) The business associate may not use protected health information for the proper management and administration or legal responsibilities of the business associate.
6. Termination of this Agreement
Term and Termination
(a) Term. The Term of this Agreement shall be effective as of July 7, 2017, and shall terminate on July 6, 2021, or on the date the covered entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner;
(b) Termination for Cause. The business associate authorizes termination of this Agreement by the covered entity, if the covered entity determines that the business associate has violated a material term of the Agreement and the business associate has not cured the breach or ended the violation within seventy-two hours of notifying the covered entity of the breach or violation;
(c) Termination without Cause. The business associate authorizes termination of this Agreement by the covered entity prior to the termination date specified in paragraph (a) of this Section upon agreement by
4

both Parties that the business associate’s health care operations consulting services as described in paragraph (a) of Section 5. are no longer necessary; (d) Obligations of the Business Associate Upon Termination. Upon termination of this Agreement for any reason, the business associate shall destroy all protected health information received from the covered entity, or created, maintained, or received by the business associate on behalf of the covered entity, that the business associate still maintains in any form. The business associate shall retain no copies of any protected health information; and (e) Survival. The obligations of business associate under this Section shall survive the termination of this Agreement. 7. Miscellaneous (a) Regulatory References. A reference in this Agreement to a section in the HIPAA Rules means the section as in effect or as amended; (b) Amendment. The Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law; (c) Interpretation. Any ambiguity in this Agreement shall be interpreted to permit compliance with the HIPAA Rules; and (d) Indemnification. The business associate shall be liable for and agrees to be liable for, and shall indemnify, defend, and hold harmless the covered entity, its employees, agents, officers, and assigns from any and all claims, suits, judgments, or damages including court costs and attorneys’ fees arising out or in connection with any non-permitted or prohibited use or disclosure of protected health information or other breach of this Agreement, whether intentional, negligent or by omission, by the business associate, or any subcontractor of the business associate, or agent, person or entity under the control or direction of the business associate. SIGNED this _____ day of __________________, 2017.
________________________________________ Kenneth S. Steely General Counsel Florida Department of Corrections
SIGNED this _____ day of __________________, 2017.
________________________________________ Disability Rights Florida, Inc.
5

EXHIBIT G PROCEDURES FOR THE COMPLIANCE VISITS
These procedures are applicable to the Compliance Visits that are referred to in Paragraph 72 of the Settlement Agreement in the matter of Disability Rights Florida vs. Julie Jones, in her official capacity as Secretary of the Florida Department of Corrections (“FDC”), Case No. 4:16-cv-47-RH-CAS, Northern District of Florida, Tallahassee Division. A. Initial Compliance Visit by DRF
1. Beginning one year after the effective date of the Settlement Agreement, and up until the termination of the Settlement Agreement, Disability Rights Florida (“DRF”) may notify FDC’s liaison that it wishes to have a non-expert employee or representative (the “representative”) conduct an initial compliance visit (the “visit”) to one or more of the facilities that were listed on Exhibit A to the Settlement Agreement.
2. The purpose of visit is to inspect and test the auxiliary aids and devices that were described in the Settlement Agreement.
3. The facility visited, along with the date and time of the visit will be mutually agreed upon between DRF and FDC’s liaison.
4. DRF will provide the FDC’s designed liaison the representative’s full name, sex, race, home address, telephone number, date of birth, social security number, driver’s license number, and, if applicable, Florida Bar number, at least ten (10) business days before each visit, so that FDC can conduct a security background check.
5. The representative will be required to adhere to all portions of FDOC Procedure 602.016 that apply to visitors or contractors, which is attached hereto. If any term of these procedures conflicts with Procedure 602.016, these procedures shall govern.
Page 1 of 3

6. Each visit may also be attended by the following from FDC: a non-expert representative of FDC, the warden of the facility or his designee(s), and one or more additional FDC employees from FDC’s headquarters in Tallahassee.
7. On the day of the visit, the representative will arrive at the prison at 7:30 a.m., or another mutually agreeable time, with the goal of starting at 8 a.m. The visit will normally conclude by 6:00 p.m., unless interrupted by an institution lock-down that occurred at some point during the visit.
8. The representative will be escorted by at least one FDC staff member who can guide the representative through the prison, and respond to questions that relate to an identification of the areas visited.
9. The representative will not be prohibited from conversing with prisoners, but such conversations will be limited to the inspection and testing of the auxiliary aids and devices that were described in the Settlement Agreement.
10. The representative will be permitted to take notes during the inspection, and will be permitted to bring pens, notepads, and paper into the facility for this purpose. FDC will not be permitted to view the representative’s notes at that time, although the representative’s notes may be discoverable at a later time pursuant to applicable rules of civil procedure. B. Repeat Compliance Visit by DRF
1. If, after an initial compliance visit, or a repeat compliance visit, referenced in Paragraph A and B, above, it is discovered that a problem exists with an auxiliary aid and device at a facility, a non-expert employee or representative of DRF may take part in a repeat compliance visit (“repeat visit”) at that facility to inspect and test the auxiliary aid or device for which a problem was found to exist.
Page 2 of 3

2. The procedures set forth in paragraphs A.3 – A.10, above, will be applicable during the repeat visit. In addition, C. Repeat Compliance Visit by DRF’s expert in Video Relay Service or Video Remote Interpreting
1. If, after an initial compliance visit or a repeat compliance visit, it is discovered that there are operational issues or deficiencies with the Video Relay Service (“VRS”), or the Video Remote Interpreting (“VRI), in a particular facility, a representative of DRF may conduct a repeat compliance visit to inspect of the VRS or the VRI in that facility with an individual that DRF considers to be an expert in VRS or VRI (the “expert repeat compliance visit”).
2. The procedures set forth in paragraphs A.3 – A.10, above, will be applicable to the expert repeat compliance visit. In addition, the FDC will attempt to have present an individual that FDC considers to be an expert in VRS or VRI.
Page 3 of 3

 
 STAYED,CLOSED,APPEAL,MEDIATION
U.S. District Court Northern District of Florida (Tallahassee) CIVIL DOCKET FOR CASE #: 4:16−cv−00047−RH−CAS

DISABILITY RIGHTS FLORIDA INC v. JONES Assigned to: JUDGE ROBERT L HINKLE Referred to: MAGISTRATE JUDGE CHARLES A STAMPELOS Case in other court: USCA, 17−15388−H
USCA, 17−15636−H Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 01/26/2016 Date Terminated: 07/11/2017 Jury Demand: None Nature of Suit: 446 Civil Rights: Americans with Disabilities − Other Jurisdiction: Federal Question

DISABILITY RIGHTS FLORIDA INC

represented by DANTE PASQUALE TREVISANI FLORIDA JUSTICE INSTITUTE INC− MIAMI FL 100 SE 2ND ST 3750 BANK OF AMERICA TWR MIAMI, FL 33131 305−358−2081 Fax: 305−358−0910 Email: dtrevisani@floridajusticeinstitute.org ATTORNEY TO BE NOTICED

DAVID ALLEN BOYER DISABILITY RIGHTS FLORIDA − HOLLYWOOD FL 1930 HARRISON ST STE 104 HOLLYWOOD, FL 33020 931−980−8766 Fax: 850−488−8640 Email: davidb@disabilityrightsflorida.org ATTORNEY TO BE NOTICED

ERICA SELIG 3750 MIAMI TOWER 100 SE SECOND STREET MIAMI, FL 33131 786−342−6918 Email: eselig@floridajusticeinstitute.org ATTORNEY TO BE NOTICED

MOLLY JEAN PARIS FLORIDA LAWYERS ASSISTANCE 2335 EAST ATLANTIC BLVD SUITE 410 POMPANO BEACH, FL 33062 954−566−9040 Fax: 954−568−0803 Email: mollyp@disabilityrightsflorida.org ATTORNEY TO BE NOTICED

SHARON CASERTA MORGAN & MORGAN − JACKSONVILLE FL 76 S LAURA ST STE 1100 JACKSONVILLE, FL 32202 904−361−0078 Fax: 904−361−4305 Email: SCaserta@forthepeople.com

V. Intervenor Plaintiff UNITED STATES
V. Defendant JULIE L JONES

ATTORNEY TO BE NOTICED
RANDALL CHALLEN BERG FLORIDA JUSTICE INSTITUTE INC − MIAMI FL 3750 BANK OF AMERICA TOWER 100 SE SECOND ST MIAMI, FL 33131 305−358−2081 Fax: 305−358−0910 Email: rberg@floridajusticeinstitute.org ATTORNEY TO BE NOTICED
represented by ANN J RILEY US DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION 950 PENNSYLVANIA AVE NW WASHINGTON, DC 20530 202−305−0369 Fax: 202−305−9775 Email: ann.riley@usdoj.gov ATTORNEY TO BE NOTICED
ELISABETH MARY OPPENHEIMER DOJ−CRT DISABILITY RIGHTS SECTION 950 PENNSYLVANIA AVE NW − NA WASHINGTON, DC 20530 202−616−3653 Email: elisabeth.oppenheimer@usdoj.gov TERMINATED: 05/15/2017
represented by ALBERT BOWDEN ATTORNEY GENERAL STATE OF FL − TALLAHASSEE FL STATE OF FLORIDA PL 01 THE CAPITOL TALLAHASSEE, FL 32399−1050 850−414−3300 Fax: 850−488−4872 Email: al.bowden@myfloridalegal.com ATTORNEY TO BE NOTICED
JAMIE MELISSA BRAUN FLORIDA DEPARTMENT OF EDUCATION − TALLAHASSEE FL 325 W GAINES ST STE 1244 TALLAHASSEE, FL 32399 850−245−0442 Email: jamie.braun@fldoe.org ATTORNEY TO BE NOTICED
LISA KUHLMAN TIETIG OFFICE OF THE ATTORNEY GENERAL − TALLAHASSEE FL

THE CAPITOL STE PL−01 400 S MONROE ST TALLAHASSEE, FL 32399 850−414−3300 Fax: 850−488−4872 Email: lisa.kuhlman@apdcares.org ATTORNEY TO BE NOTICED

Date Filed 01/26/2016
01/26/2016 01/26/2016 01/26/2016
02/03/2016
02/04/2016
02/12/2016 02/16/2016
02/17/2016 02/18/2016
02/18/2016
02/24/2016
02/24/2016 03/17/2016 04/19/2016 04/22/2016 04/25/2016

# Docket Text
1 COMPLAINT for Declaratory and Injunctive Relief against JULIE L JONES ( Filing fee $ 400 receipt number AFLNDC−3477979.), filed by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit Summons Serving Julie Jones, Secretary of the Florida Department of Corrections) (BERG, RANDALL) (Entered: 01/26/2016)
2 CIVIL COVER SHEET. (BERG, RANDALL) (Entered: 01/26/2016)
3 Summons Issued as to JULIE L JONES. (tdl) (Entered: 01/26/2016)
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: 2 Civil Cover Sheet, 1 Complaint, (tdl) (Entered: 01/26/2016)
4 SUMMONS Returned Executed by DISABILITY RIGHTS FLORIDA INC. JULIE L JONES served on 2/1/2016, answer due 2/22/2016. (BERG, RANDALL) (Entered: 02/03/2016)
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: 4 Summons Returned Executed (tdl) (Entered: 02/04/2016)
5 NOTICE of Appearance by LISA KUHLMAN TIETIG on behalf of JULIE L JONES (TIETIG, LISA) (Entered: 02/12/2016)
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: 5 Notice of Appearance (tdl) (Entered: 02/16/2016)
6 Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by JULIE L JONES. (TIETIG, LISA) (Entered: 02/17/2016)
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of SENIOR JUDGE WILLIAM STAFFORD notified that action is needed Re: 6 Consent MOTION for Extension of Time to File Response (tdl) (Entered: 02/18/2016)
7 ORDER OF DISQUALIFICATION. SENIOR JUDGE WILLIAM STAFFORD recused. Case reassigned to JUDGE ROBERT L HINKLE for all further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/18/2016. (tdl) (Entered: 02/18/2016)
8 INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/9/2016. Rule 26 Meeting Report due by 4/8/2016. Discovery due by 8/17/2016. Signed by JUDGE ROBERT L HINKLE on 2/24/2016. (tdl) (Entered: 02/24/2016)
9 Corporate Disclosure Statement/Certificate of Interested Persons by DISABILITY RIGHTS FLORIDA INC. (TREVISANI, DANTE) (Entered: 02/24/2016)
10 REPORT of Rule 26(f) Planning Meeting. (BERG, RANDALL) (Entered: 03/17/2016)
11 Joint MOTION for Entry of Scheduling Order by DISABILITY RIGHTS FLORIDA INC. (TREVISANI, DANTE) (Entered: 04/19/2016)
12 Second MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by JULIE L JONES. (TIETIG, LISA) (Entered: 04/22/2016)
13 MOTION to Dismiss Partial and Motion for More Definite Statement by JULIE L JONES. (Internal deadline for referral to judge if response not filed earlier: 5/9/2016).

04/26/2016 04/29/2016 04/29/2016 04/29/2016 05/02/2016 05/05/2016 05/05/2016 05/08/2016 05/09/2016 05/25/2016
05/26/2016

(Attachments: # 1 Exhibit Ex. A Face Sheet for Kevin Stephans, # 2 Exhibit Ex. B Face Sheet for Michael Boggs, # 3 Exhibit Ex. C Face Sheet for Thomas Jameson, # 4 Exhibit Ex. D Face Sheet for Kevin Osborn, # 5 Exhibit Ex. E Face Sheet for Valerie Boyette, # 6 Exhibit Ex. F Face Sheet for Thomas Pekari, # 7 Exhibit Ex. G Settlement and Release for Richard Jackson, # 8 Exhibit Ex. H Complaint for Richard Jackson, # 9 Exhibit Ex. I Settlement and Release for Christopher Villanueva, # 10 Exhibit Ex. J Complaint for Christopher Villanueva) (TIETIG, LISA) (Entered: 04/25/2016)
14 NOTICE Corrected Certificate of Service by JULIE L JONES re 13 MOTION to Dismiss Partial and Motion for More Definite Statement (TIETIG, LISA) (Entered: 04/26/2016)
15 SCHEDULING AND MEDIATION ORDER re: 10 Report: (Discovery due by 7/14/2017., Dispositive Motions to be filed by 9/12/2017., Jury Trial set for 3/5/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE., Mediation Report due by 8/11/2017.), Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 4/29/2016. (tdl) (Entered: 04/29/2016)
16 ORDER EXTENDING DEADLINES − The defendant's unopposed motions, ECF Nos 6 and 12 , to extend the deadline to respond to the complaint is GRANTED. The motion to enter a scheduling order, ECF No. 11 , is granted. Signed by JUDGE ROBERT L HINKLE on 4/29/2017. (tdl) (Entered: 04/29/2016)
17 MOTION For a Rule 16(a) Pretrial Conference by JULIE L JONES. (Attachments: # 1 Exhibit Exhibit A Plaintiff's Interrogatories to Defendant, # 2 Exhibit Exhibit B Plaintiff's First Request to Produce to Defendant) (TIETIG, LISA) (Entered: 04/29/2016)
18 ORDER FOR A PRETRIAL CONFERENCE − The clerk must set a pretrial conference by telephone for the first available date on or after May 19, 2016. Signed by JUDGE ROBERT L HINKLE on 5/2/2016. (tdl) (Entered: 05/02/2016)
19 MOTION to Extend Time to Respond to Plaintiff's Discovery Requests by JULIE L JONES. (Attachments: # 1 Exhibit Ex. A Interrogatories, # 2 Exhibit Ex. B Request to Produce) (TIETIG, LISA) (Entered: 05/05/2016)
20 RESPONSE in Opposition re 19 MOTION to Extend Time to Respond to Plaintiff's Discovery Requests filed by DISABILITY RIGHTS FLORIDA INC. (TREVISANI, DANTE) (Entered: 05/05/2016)
21 ORDER ON THE MOTION TO EXTEND THE DEADLINE FOR DISCOVERY RESPONSES re 19 Motion. The defendant's motion to extend the deadline for responding to the plaintiff's first sets of interrogatories and production requests is granted in part. Signed by JUDGE ROBERT L HINKLE on 5/8/2016. (tdl) (Entered: 05/09/2016)
22 RESPONSE in Opposition re 13 MOTION to Dismiss Partial and Motion for More Definite Statement filed by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit DOJ Complaint) (TREVISANI, DANTE) (Entered: 05/09/2016)
23 NOTICE OF TELEPHONIC HEARING: Telephonic Pretrial Conference set for 6/1/2016 10:00 AM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call (850) 521−3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 05/25/2016)
24 ORDER DENYING THE 13 MOTION TO DISMISS OR FOR A MORE DEFINITE STATEMENT. Signed by JUDGE ROBERT L HINKLE on 5/26/16. (pll) (Entered:

05/31/2016 05/31/2016 06/01/2016 06/01/2016
06/08/2016 06/14/2016 06/15/2016
06/20/2016
06/21/2016

05/29/2016)
25 NOTICE of Appearance by JAMIE MELISSA BRAUN on behalf of JULIE L JONES (BRAUN, JAMIE) (Entered: 05/31/2016)
26 NOTICE of Appearance by ALBERT BOWDEN on behalf of JULIE L JONES (BOWDEN, ALBERT) (Entered: 05/31/2016)
27 NOTICE of Appearance by ERICA SELIG on behalf of All Plaintiffs (SELIG, ERICA) (Entered: 06/01/2016)
28 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Pretrial Conference held on 6/1/2016. Parties discuss the case and the management of it. Ruling by Court regarding depositions and a status conference will be set every two months in this case. An order is forthcoming. (Court Reporter Judy Gagnon) (erl) (Entered: 06/02/2016)
29 CASE MANAGEMENT ORDER − The clerk must schedule case management conferences by telephone every other month through September 2017. Signed by JUDGE ROBERT L HINKLE on 6/8/2016. (tdl) (Entered: 06/08/2016)
30 MOTION for Extension of Time to File Answer re 1 Complaint, and Affirmative Defenses by JULIE L JONES. (TIETIG, LISA) (Entered: 06/14/2016)
31 ORDER EXTENDING THE DEADLINE TO RESPOND TO THE COMPLAINT − The defendant's unopposed motion, ECF No. 30 , to extend the deadline to respond to the complaint is GRANTED. (Answer due by 6/24/2016.) Signed by JUDGE ROBERT L HINKLE on 6/15/2016. (tdl) (Entered: 06/16/2016)
32 Joint MOTION for Protective Order (HIPAA Qualified Protective Order and Stipulated Confidentiality Order) by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit 1 − Proposed HIPAA Qualified Protective Order, # 2 Exhibit 2 − Proposed Stipulated Confidentiality Order) (TREVISANI, DANTE) (Entered: 06/20/2016)
33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Conference held on 06/01/16, before Judge ROBERT L. HINKLE. Court Reporter/Transcriber Judy A. Gagnon, Telephone number 850−561−6822.
Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

06/21/2016 06/22/2016
06/22/2016

Redaction Request due 6/28/2016. Release of Transcript Restriction set for 9/26/2016. (jg) (Entered: 06/21/2016)
34 AGREED HIPAA QUALIFIED PROTECTIVE ORDER re 32 JOINT MOTION. Signed by JUDGE ROBERT L HINKLE on 6/21/2016. (tdl) (Entered: 06/21/2016)
35 STIPULATED CONFIDENTIALITY ORDER re 32 Joint MOTION. This Order governs the handling, exchange, disclosure, maintenance, storage, use, and discussion of documents that a party may wish to keep Confidential. Signed by JUDGE ROBERT L HINKLE on 6/22/2016. (tdl) (Entered: 06/22/2016)
36 NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 8/25/2016 11:00 AM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call (850) 521−3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.

06/24/2016 08/03/2016
08/12/2016 08/17/2016 08/25/2016 08/25/2016
08/25/2016 10/07/2016

s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 06/22/2016)
37 ANSWER to 1 Complaint, and Affirmative Defenses and Defenses by JULIE L JONES. (TIETIG, LISA) (Entered: 06/24/2016)
38 NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 8/12/2016 09:00 AM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call (850) 521−3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 08/03/2016)
39 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Case Management Conference held on 8/12/2016. Parties address issue about Plaintiffs expert going into the facilities and taking photographs. Ruling by Court: The plaintiffs expert will be allowed to go into the facilities and take photographs, but is to not disseminate the photographs. (Court Reporter Judy Gagnon) (erl) (Entered: 08/12/2016)
40 ORDER SETTING PROCEDURES FOR FACILITY INSPECTIONS. Signed by JUDGE ROBERT L HINKLE on 8/17/2016. (tdl) (Entered: 08/18/2016)
41 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Status Conference held on 8/25/2016. Parties give status of case and tours of the facilities. Nothing is needed from the Court at this time. Another case management will be set. (Court Reporter Judy Gagnon) (erl) (Entered: 08/25/2016)
42 NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 10/27/2016 11:00 AM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call (850) 521−3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 08/25/2016)
43 ORDER MAINTAINING THE SCHEDULE. Signed by JUDGE ROBERT L HINKLE on 8/25/2016. (tdl) (Entered: 08/26/2016)
44 NOTICE OF RESCHEDULED TELEPHONIC HEARING: Telephonic Case Management Conference reset for 10/27/2016 01:45 PM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call (850) 691−0704 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.

10/27/2016
10/27/2016 10/28/2016 12/05/2016 12/13/2016
12/15/2016 12/19/2016 12/19/2016 01/09/2017 01/09/2017

s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 10/07/2016)
45 AMENDED NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 10/27/2016 01:45 PM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call (850) 521−3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 10/27/2016)
46 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Case Management Conference held on 10/27/2016. Parties discuss the status of the case and issues. Ruling by Court: Mediation is to start by the end of January 2017. An updated list of names of inmates who will be witnesses at the trial is due by November 30, 2016. Another case management conference will be set in December 2016. An order is forthcoming. (Court Reporter Judy Gagnon) (erl) (Entered: 10/28/2016)
47 ORDER ADVANCING THE MEDIATION DEADLINE AND REQUIRING UPDATED 26(a)(3) DISCLOSURES − (Plaintiff's Supplemental Notice on 11/30/2016.) Signed by JUDGE ROBERT L HINKLE on 10/28/2016. (tdl) (Entered: 10/31/2016)
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 47 Order − Plaintiff's Supplemental Federal Rule of Civil Procedure 26(a)(3) disclosures due. (tdl) (Entered: 12/05/2016)
48 NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 12/19/2016 11:00 AM EST before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call (850) 521−3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 12/13/2016)
49 NOTICE of Filing by JULIE L JONES re 29 Order (BOWDEN, ALBERT) (Entered: 12/15/2016)
50 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Status Conference held on 12/19/2016. Parties discuss issues related to case management with the Court. Ruling by Court: Plaintiff must serve answers to interrogatories by January 20, 2017. The Rule 26(a)(2) deadlines are adjusted. An order is forthcoming. (Court Reporter Judy Gagnon) (erl) (Entered: 12/19/2016)
51 CASE−MANAGEMENT ORDER. Signed by JUDGE ROBERT L HINKLE on 12/19/2016. (tdl) (Entered: 12/19/2016)
52 NOTICE of Appearance by ELISABETH MARY OPPENHEIMER on behalf of United States (OPPENHEIMER, ELISABETH) (Entered: 01/09/2017)
53 MOTION to Intervene by United States. (Attachments: # 1 Exhibit A (Proposed Complaint−in−Intervention)) (OPPENHEIMER, ELISABETH) (Entered: 01/09/2017)

01/12/2017
01/12/2017 01/12/2017 01/20/2017 01/20/2017 01/24/2017 01/24/2017 01/27/2017 01/30/2017

54 NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 2/28/2017 03:00 PM EST before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call (850) 521−3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 01/12/2017)
55 MOTION to Extend Timeto File an Opposing Memorandum to the United States' Motion to Intervene by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 01/12/2017)
56 MOTION for Judgment on the Pleadings Defendant's Motion for Partial Judgment on the Pleadings by JULIE L JONES. (Internal deadline for referral to judge if response not filed earlier: 1/26/2017). (BRAUN, JAMIE) (Entered: 01/12/2017)
57 MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Judgment on the Pleadings by DISABILITY RIGHTS FLORIDA INC. (BERG, RANDALL) (Entered: 01/20/2017)
58 MOTION for Enlargement of Word Limit by DISABILITY RIGHTS FLORIDA INC. (BERG, RANDALL) (Entered: 01/20/2017)
59 ORDER EXTENDING DEADLINES ON PENDING MOTIONS. The defendant's unopposed motion, ECF No. 55 , to extend the deadline to respond to the motion to intervene is granted. The deadline is extended to 1/27/2017. The plaintiff's unopposed motion, ECF No. 57 , to extend the deadline to respond to the motion for judgment on the pleadings is granted. The deadline is extended to 2/15/2017. Signed by JUDGE ROBERT L HINKLE on 1/24/2017. (kjw) (Entered: 01/24/2017)
60 ORDER INCREASING THE WORD LIMITS FOR SUMMARY−JUDGMENT MOTIONS. The plaintiff's motion, ECF No. 58 , to increase the word limit for its anticipated summary−judgment motion is granted. The word limit for all summary−judgment memoranda and responses in this case is increased to 16,000. Signed by JUDGE ROBERT L HINKLE on 1/24/2017. (kjw) (Entered: 01/24/2017)
61 RESPONSE in Opposition re 53 MOTION to Intervene filed by JULIE L JONES. (Attachments: # 1 Exhibit Letter dated June 26, 2013, # 2 Exhibit Letter dated November 5, 2013, # 3 Exhibit Letter dated September 30, 2015) (BOWDEN, ALBERT) (Entered: 01/27/2017)
62 MOTION for Summary Judgment (Redacted) by DISABILITY RIGHTS FLORIDA INC. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 2/21/2017). (Attachments: # 1 Exhibit 1− Bureau of Justice Statistics (BJS) Report, # 2 Exhibit 2− FDOC Impairment Rating Spreadsheet, # 3 Exhibit 3− AVID Report, # 4 Exhibit 4− Center for American Progress Report, # 5 Exhibit 5− ACLU Report, # 6 Exhibit 6− DOJ−FDOC Letters, # 7 Exhibit 7− Dr. Dennis Cokely Report, # 8 Exhibit 8− [Redacted] Declaration, # 9 Exhibit 9 − [Redacted] Declaration, # 10 Exhibit 10 − [Redacted] Declaration, # 11 Exhibit 11 − [Redacted] Declaration, # 12 Exhibit 12 − [Redacted] Declaration, # 13 Exhibit 13 − [Redacted] Declaration, # 14 Exhibit 14 − [Redacted] Declaration, # 15 Exhibit 15 − [Redacted] Declaration, # 16 Exhibit 16 − [Redacted] Declaration, # 17 Exhibit 17 − [Redacted] Declaration, # 18 Exhibit 18 − [Redacted] Documents, # 19 Exhibit 19 − [Redacted] Documents, # 20 Exhibit 20 − [Redacted] Documents, # 21 Exhibit 21 − [Redacted] Documents, # 22 Exhibit 22 − [Redacted] Documents, # 23 Exhibit 23 − RMAR Documents, # 24 Exhibit 24 − FDOC Procedure 604.101, # 25 Exhibit 25 − Procedure 403.011, # 26 Exhibit 26 − FDOC's Response to Plaintiff's Second Request for Production, # 27 Exhibit 27 − [Redacted] Declaration, # 28 Exhibit 28 − [Redacted] Documents, # 29 Exhibit 29 − Health Service Bulletin 15.03.27, # 30 Exhibit 30 − [Redacted] Documents, # 31 Exhibit 31 − Mark Mazz Report, # 32 Exhibit 32 − Martinetti

01/31/2017
01/31/2017 02/06/2017 02/07/2017
02/14/2017 02/23/2017

Motions to Enforce, # 33 Exhibit 33 − Martinetti Response to Motion to Enforce, # 34 Exhibit 34 − Grizzard Affidavit, # 35 Exhibit 35 − Norkunas Reports, # 36 Exhibit 36 − Grizzard Deposition, # 37 Exhibit 37 − [Redacted] Declaration, # 38 Exhibit 38 − [Redacted] Documents, # 39 Exhibit 39 − [Redacted] Declaration, # 40 Exhibit 40 − [Redacted] Declaration, # 41 Exhibit 41 − [Redacted] Declaration, # 42 Exhibit 42 − [Redacted] Declaration, # 43 Exhibit 43 − [Redacted] Declaration, # 44 Exhibit 44 − [Redacted] Documents, # 45 Exhibit 45 − [Redacted] Documents, # 46 Exhibit 46 − [Redacted] Declaration, # 47 Exhibit 47 − [Redacted] Declaration, # 48 Exhibit 48 − [Redacted] Documents, # 49 Exhibit 49 − Villanueva Verified Complaint, # 50 Exhibit 50 − [Redacted] Documents, # 51 Exhibit 51 − Dr. Fredric Schroeder Report, # 52 Exhibit 52 − [Redacted] Declaration, # 53 Exhibit 53 − [Redacted] Declaration, # 54 Exhibit 54 − [Redacted] Declaration, # 55 Exhibit 55 − [Redacted] Declaration, # 56 Exhibit 56 − [Redacted] Documents, # 57 Exhibit 57 − [Redacted] Documents, # 58 Exhibit 58 − [Redacted] Documents, # 59 Exhibit 59 − [Redacted] Documents, # 60 Exhibit 60 − [Redacted] Documents, # 61 Exhibit 61 − [Redacted] Documents, # 62 Exhibit 62 − [Redacted] Documents, # 63 Exhibit 63 − [Redacted] Documents) (TREVISANI, DANTE) (Entered: 01/30/2017)
63 Sealed Document. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit, # 51 Exhibit, # 52 Exhibit, # 53 Exhibit, # 54 Exhibit, # 55 Exhibit, # 56 Exhibit, # 57 Exhibit, # 58 Exhibit, # 59 Exhibit, # 60 Exhibit, # 61 Exhibit, # 62 Exhibit, # 63 Exhibit, # 64 Exhibit, # 65 Exhibit, # 66 Exhibit, # 67 Exhibit, # 68 Exhibit, # 69 Exhibit, # 70 Exhibit, # 71 Exhibit, # 72 Exhibit) (tdl) (Entered: 01/31/2017)
64 DOCKET ANNOTATION BY COURT: Hard Drive received on 1/30/2017 re 63 Sealed documents. (tdl)**Hard Drive filed and stored on shelf** (Entered: 01/31/2017)
65 MOTION to Stay Joint Motion for Stay by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 02/06/2017)
66 NOTICE OF RESCHEDULED TELEPHONIC HEARING: Telephonic Case Management Conference reset for 3/7/2017 02:00 PM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call (850) 521−3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 02/07/2017)
67 ORDER STAYING PROCEEDINGS FOR 60 DAYS, re 65 Joint Motion for a Stay and to Extend Certain Deadlines By 60 Days During Mediation. All proceedings are stayed until 4/6/2017. All deadlines that had not passed as of February 6, 2017, are extended 60 days. By separate notice, the clerk must reschedule the case management conference that was set for March 7, 2017. Signed by JUDGE ROBERT L HINKLE on 2/14/2017. (kjw) STAYED Case Flag set. (Entered: 02/16/2017)
68 NOTICE OF RESCHEDULED TELEPHONIC HEARING: Telephonic Case Management Conference reset for 4/12/2017 11:00 AM before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.

02/24/2017 04/04/2017 04/10/2017 04/11/2017
04/11/2017 04/11/2017 04/24/2017 04/25/2017 05/15/2017 06/06/2017 06/15/2017

Parties are instructed to call (850) 521−3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 02/23/2017)
69 NOTICE of Supplemental Authority in Support of Plaintiff's Motion for Summary Judgment (DE 63) by DISABILITY RIGHTS FLORIDA INC (Attachments: # 1 Exhibit 4th Cir. decision in Heyer v. BOP) (BERG, RANDALL) (Entered: 02/24/2017)
70 MOTION to Stay Defendant's Motion for Additional Time for The Stay and to Extend Certain Deadlines (Plaintiff Stipulates to Part of the Relief Requested) by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 04/04/2017)
71 ORDER EXTENDING THE STAY − The clerk must reschedule the case management conference that was set for April 12, 2017. (Status Report due by 5/8/2017.) Signed by JUDGE ROBERT L HINKLE on 4/7/2017. (tdl) (Entered: 04/10/2017)
72 NOTICE OF TELEPHONIC HEARING: Telephonic Case Management Conference set for 4/12/2017 11:00 AM EDTin U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.
Parties are instructed to call at the time of the hearing:
(888) 684−8852 Access Code: 3243416# Security Code: 0412#
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850−521−3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 04/11/2017)
73 ORDER EXTENDING STAY. Signed by JUDGE ROBERT L HINKLE on 4/11/17. (sms) (Entered: 04/11/2017)
74 NOTICE OF **CANCELLATION** OF HEARING: Telephonic Case Management Conference set for 4/12/2017 11:00 AM before JUDGE ROBERT L HINKLE has been **CANCELLED**. (kjw) (Entered: 04/11/2017)
75 MOTION to Withdraw as Counsel (Unopposed) by United States. (OPPENHEIMER, ELISABETH) (Entered: 04/24/2017)
76 NOTICE of Appearance by ANN J RILEY on behalf of United States (RILEY, ANN) (Entered: 04/25/2017)
77 ORDER GRANTING 75 LEAVE TO WITHDRAW−OPPENHEIMER. Signed by JUDGE ROBERT L HINKLE on 5/15/2017. (tdl)**Attorney ELISABETH MARY OPPENHEIMER terminated. (Entered: 05/16/2017)
78 MOTION to Stay Joint Motion for Additional Extension of the Stay, and To Extend Certain Deadlines by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 06/06/2017)
79 ORDER EXTENDING THE STAY RE 78 . Signed by JUDGE ROBERT L HINKLE on 6/15/17. (sms) (Entered: 06/15/2017)

07/03/2017 07/07/2017 07/11/2017
07/11/2017 07/13/2017 08/07/2017
11/27/2017 11/27/2017 12/04/2017
12/04/2017 12/05/2017
12/05/2017 12/05/2017 12/06/2017 12/07/2017 12/18/2017 12/19/2017

80 STATUS REPORT by DISABILITY RIGHTS FLORIDA INC. (CAPARELLO, DOMINIC) (Entered: 07/03/2017)
81 MEDIATION REPORT − Settled (CAPARELLO, DOMINIC) (Entered: 07/07/2017)
82 **VACATED per 85 ORDER**ORDER FOR DISMISSAL re 81 Mediation Report. The clerk must enter judgment stating, "The parties are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims in this case are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 7/11/2017. (tdl) Modified on 8/8/2017 (tdl). (Entered: 07/12/2017)
83 **VACATED per 85 ORDER**CLERK'S JUDGMENT, entered pursuant to 82 Order. (tdl) Modified on 8/8/2017 (tdl). (Entered: 07/12/2017)
84 Joint MOTION to Vacate 82 Order, by JULIE L JONES. (Attachments: # 1 Exhibit Joint Stipulation of Dismissal with Prejudice) (BOWDEN, ALBERT) (Entered: 07/13/2017)
85 ORDER VACATING THE ORIGINAL ORDER FOR DISMISSAL AND ANY JUDGMENT AND CONFIRMING THE STIPULATED DISMISSAL WITH PREJUDICE − The parties' joint motion to vacate, ECF No. 84 , is granted. The Order of Dismissal, ECF No. 82 , is vacated. Any judgment entered based on the Order of Dismissal, see ECF No. 83 , is vacated. All claims in this action are dismissed with prejudice based on the stipulation. Jurisdiction is not retained. The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 8/7/2017. (tdl) (Entered: 08/08/2017)
86 Letter from Augustus Rose Jr. #465363 (tdl) (Entered: 11/29/2017)
87 Letter from Susan Elizabeth Baker #945171 (tdl) (Entered: 11/29/2017)
88 EMERGENCY MOTION for Preliminary Injunction or, Alternatively, for Protective Order Prohibiting Retaliation and Intimidation of Plaintiff and Witnesses by Elijah Jackson #979922. (tdl)**Motion originally opened in new case on 10/13/2017..5:17cv263 MCR** (Entered: 12/05/2017)
89 NOTICE OF APPEAL as to 85 Order by Elijah Jackson Jr. #979922. (Electronic Availability of ROA due by 3/5/2018.) (tdl)**Fee Due** (Entered: 12/05/2017)
90 Appeal Instructions re 89 Notice of Appeal: The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. (tdl) (Entered: 12/05/2017)
91 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 89 Notice of Appeal. (tdl) (Entered: 12/05/2017)
Set Deadlines re 89 Notice of Appeal: Clerk to check status of Appeal on 3/5/2018. (tdl) (Entered: 12/05/2017)
92 ORDER DENYING THE 88 MOTION FOR A PRELIMINARY INJUNCTION. Signed by JUDGE ROBERT L HINKLE on 12/6/2017. (tdl)**Order forwarded** (Entered: 12/06/2017)
93 USCA Case Number 17−15388−H for 89 NOTICE OF APPEAL as to 85 Order. (tdl) (Entered: 12/07/2017)
94 NOTICE OF APPEAL as to 92 Order by ELIJAH JACKSON JR. (Electronic Availability of ROA due by 3/7/2018) (tdl) (Entered: 12/19/2017)
95 Appeal Instructions re: 94 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. (tdl) (Entered: 12/19/2017)

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96 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 94 Notice of Appeal. (tdl) (Entered: 12/19/2017)
Set Deadlines re 94 Notice of Appeal: Clerk to check status of Appeal on 3/13/2018. (tdl) (Entered: 12/19/2017)
97 USCA Case Number 17−15636−H for 94 NOTICE OF APPEAL as to ELIJAH JACKSON JR. (tdl) (Entered: 01/08/2018)