[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Notices]
[Pages 55277-55278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28211]


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DEPARTMENT OF JUSTICE


Office of the Assistant Attorney General for Civil Rights, 
Certification of the State of Florida Accessibility Code Under the 
Americans With Disabilities Act

AGENCY: Deparment of Justice.

ACTION: Notice of preliminary determination of equivalency and 
certification hearings.

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SUMMARY: The Department of Justice (Department) has determined that the 
Florida Americans with Disabilities Accessibility Implementation Act, 
Florida Statutes Secs. 553.501-553.514, as implemented by the Florida 
Accessibility Code for Building Construction (together, the ``Florida 
law''), meets or exceeds the new construction and alterations 
requirements of title III of the Americans with Disabilities Act of 
1990 (ADA). The Department proposes to issue a final certification, 
pursuant to 42 U.S.C. Sec. 12188(b)(1)(A)(ii) and 28 C.F.R. Sec. 36.601 
et seq., which would constitute rebuttable evidence, in any enforcement 
proceeding, that a building constructed or altered in accordance with 
the Florida law meets or exceeds the requirements of the ADA. The 
Department will hold informal hearings on the proposed certification in 
Washington, DC and Orlando, Florida.

DATES: To be assured of consideration, comments must be in writing and 
must be received on or before December 22, 1997. The hearing in 
Washington, DC is scheduled for Monday, December 22, 1997, at 2:00 
p.m., Eastern Time. The hearing in Orlando, Florida is scheduled for 
Friday, December 19, 1997, at 2:00 p.m., Eastern Time.

ADDRESSES: Comments on the preliminary determination of equivalency and 
on the proposal to issue final certification of equivalency of the 
Florida law should be sent to: John L. Wodatch, Chief, Disability 
Rights Section, Civil Rights Division, U.S. Department of Justice, P.O. 
Box 66738, Washington, DC 20035-6738
    The hearings will be held at:
Washington, DC: Disability Rights Section, 1425 New York Avenue, NW., 
Suite 4039, Washington, DC
Orlando, Florida: City Commission Chambers, Orlando City Hall, 400 
South Orange Avenue, Orlando, Florida.

FOR FURTHER INFORMATION CONTACT:
John L. Wodatch, Chief, Disability Rights Section, Civil Rights 
Division, U.S. Department of Justice, P.O. Box 66738, Washington, DC 
20035-6738. Telephone number (800) 514-0301 (Voice) or (800) 514-0383 
(TDD).
    Copies of this notice are available in formats accessible to 
individuals with vision impairments and be obtained by calling (800) 
514-0301 (Voice) or (800) 514-0383 (TDD). Copies of the Florida law and 
supporting materials may be inspected by appointment at 1425 New York 
Avenue, NW., Suite 4039, Washington, DC by calling Tito Mercado at 
(202) 307-0663 (Voice/TDD). This is not a toll-free number.

SUPPLEMENTARY INFORMATION: 

Background

    The ADA authorizes the Department of Justice, upon application by a 
State or local government, to certify that a State or local law that 
establishes accessibility requirements meets or exceeds the minimum 
requirements of title III of the ADA for new construction and 
alterations. 42 U.S.C. Sec. 12188(b)(1)(A)(ii); 28 CFR Sec. 36.601 et 
seq. Final certification constitutes rebuttable evidence, in any ADA 
enforcement action, that a building constructed or altered in 
accordance with the certified code complies with the new construction 
and alterations requirements of title III of the ADA.
    By letter dated February 2, 1994, the Florida Department of 
Community Affairs requested that the Department of Justice (Department) 
certify that the Florida Americans with Disabilities Accessibility 
Implementation Act, Florida Statutes Secs. 553.501-553.514, as 
implemented by the Florida Accessibility Code for Building Construction 
(together, the ``Florida law''), meets or exceed the new construction 
and alterations requirements of title III of the ADA.
    The Department has analyzed the Florida law and has preliminarily 
determined that it meets or exceeds the new construction and 
alterations requirements of title III of the ADA. By letter dated 
September 30, 1997, the Department notified the Florida Department of 
Community Affairs of its preliminary determination of equivalency.

Effect of Certification

    The certification determination will be limited to the version of 
the Florida law that has been submitted to the Department. The 
certification will not apply to amendments or interpretations that have 
not been submitted and reviewed by the Department.
    Certification will not apply to buildings constructed by or for 
State or local government entities, which are subject to title II of 
the ADA. Nor does

[[Page 55278]]

certification apply to accessibility requirements that are addressed by 
the Florida law that are not addressed by the ADA Standards for 
Accessible Design.
    Finally, certification does not apply to variances or waivers 
granted under the Florida law. Therefore, if a builder receives a 
variance, waiver, modification, or other exemption from the 
requirements of the Florida law for any element of construction or 
alterations, the certification determination will not constitute 
evidence of ADA compliance with respect to that element.

Procedure

    The Department will hold informal hearings in Washington, DC and 
Orlando, Florida to provide an opportunity for interested persons, 
including individuals with disabilities, to express their views respect 
to the preliminary determination of equivalency of the Florida law. 
Interested parties who wish to testify at a hearing should contact Tito 
Mercado at (202) 307-0663 (Voice/TDD). This is not a toll-free number.
    The hearing sites will be accessible to individuals with 
disabilities. Individuals who require sign language interpreters or 
other auxiliary aids should contact Tito Mercado at (202) 307-0663 
(Voice/TDD). This is not a toll-free number.

    Dated: October 16, 1997.
Isabelle Katz Pinzler,
Acting Assistant Attorney General for Civil Rights.
[FR Doc. 97-28211 Filed 10-21-97; 9:30 am]
BILLING CODE 4410-13-M