Property owners across Florida face increasing exposure to accessibility-related complaints—and many don’t realize they’re at risk until a demand letter or lawsuit arrives. Whether you operate a retail storefront, restaurant, medical office, apartment complex, hotel, or professional building, accessibility standards are not optional. They affect how customers, tenants, and visitors enter, move through, and use your property safely.
The Americans with Disabilities Act (ADA) was designed to prevent discrimination and ensure equal access. In real-world claims, noncompliance can lead to expensive legal disputes, operational disruptions, and reputational damage. The good news is that many of the most common accessibility issues are also preventable when property owners understand what triggers complaints and address problems early.
This guide explains key compliance risks with a Florida-specific perspective on the accessibility failures that most often lead to claims—and how to reduce your liability while maintaining a truly ADA compliant property.
Why Florida Sees So Many ADA Accessibility Claims
Florida is one of the most active states in the U.S. for ADA litigation. That’s not because Florida properties are uniquely careless—it’s because the state combines high foot traffic, heavy tourism, and a large number of public-facing businesses.
Several factors contribute to the high number of claims:
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High concentration of restaurants, retail plazas, hotels, and medical offices
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Large senior population and residents with mobility needs
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Constant remodeling and tenant build-outs that unintentionally create violations
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ADA enforcement often occurring through private civil claims
Many complaints come down to small details: a slope that’s too steep, a restroom fixture installed a few inches off, or signage that’s missing in the wrong place. ADA compliance is based on measurable standards—not intent—so even well-meaning property owners may still face exposure.
If your goal is to operate an ADA compliant property, the building must not only look accessible, it must meet the specifications.
The Most Common Accessibility Issues That Trigger Claims
Parking Lot and Accessible Parking Violations
Parking-related violations are among the most common in Florida because they are easy to inspect and easy to document.
Common ADA compliant issues include:
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Too few accessible parking spaces
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Missing van-accessible spaces
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Access aisles that are too narrow
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Faded striping and worn markings
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Signage missing or installed incorrectly
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Spaces located too far from accessible entrances
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No safe accessible route from the parking space to the entry
Even if your interior is compliant, noncompliant parking alone can lead to a claim.
Entrance and Doorway Barriers
Many properties have entrances that appear functional but still fail ADA requirements.
Common problems include:
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No ramp or accessible route to the front door
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Thresholds that are too high
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Door handles that require gripping or twisting (noncompliant hardware)
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Doors that require excessive force to open
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Doorway width that does not meet clearance standards
This issue is especially common after renovations where the focus is aesthetics, not accessibility measurements.
Interior Routes and Obstructions
Once inside, visitors must be able to move through the property using wheelchairs or mobility aids.
Common interior violations include:
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Narrow walkways due to furniture placement or displays
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Objects protruding into routes (signs, shelves, décor)
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Loose or raised mats that create trip hazards
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Uneven flooring transitions
A major risk in restaurants and retail stores is “temporary noncompliance,” where staff unknowingly blocks access with chairs, inventory, carts, or cleaning equipment.
Restroom Noncompliance (A Major Claim Trigger)
Restrooms produce a high volume of accessibility claims because ADA requirements here are very specific and easy to measure.
Common restroom issues include:
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Toilet height outside allowable range
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Missing or incorrectly placed grab bars
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Sink height and knee clearance issues
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Exposed pipes without insulation
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Mirrors mounted too high
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Soap dispensers, paper towels, and hand dryers mounted too high
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Stall dimensions that do not provide required turning space
Even restrooms labeled “accessible” may still be out of compliance—especially if they were built years ago, remodeled incorrectly, or never measured properly.
Many property owners assume older features are exempt, but the moment you remodel or modify certain areas, requirements may apply.
Ramps, Slopes, and Handrails
Ramps are another frequent cause of claims, particularly in older Florida properties and multi-tenant plazas.
Common violations include:
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Ramp slope exceeding the allowed grade
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Missing handrails
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Handrails installed at incorrect heights
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Insufficient landing space at the top or bottom
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Uneven or deteriorated ramp surfaces
Because ramps involve strict measurements, they are one of the easiest areas for a claimant to document.
Service Counters and Transaction Areas
Reception counters and checkout counters must provide accessible options for customers who use wheelchairs.
Common compliance issues include:
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Counters too high without an accessible section
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No lower writing surface for signing forms
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Card readers placed too high or too far
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No alternative accessible service method
Even if your staff assists customers, the physical setup still matters. Compliance often requires built-in accessibility—not informal workarounds.
Florida Properties Most Vulnerable to ADA Claims
Certain property categories face higher risk due to layout complexity, visitor volume, and ease of inspection:
Restaurants and Cafés
Restrooms, tight aisles, patio access, thresholds, and blocked routes.
Retail Stores and Shopping Centers
Parking lots, signage, entry routes, aisle obstructions, and protruding displays.
Medical Offices and Clinics
Access routes, door widths, check-in counters, parking and ramps, restroom compliance.
Hotels and Hospitality Properties
Accessible rooms, bathrooms, amenity access, pool lift requirements, exterior routes.
How to Reduce ADA Accessibility Claim Risk
The best strategy is proactive—not reactive. A demand letter is never the ideal time to learn your building’s accessibility weaknesses.
Conduct an ADA Accessibility Assessment
A proper assessment evaluates key exposure points, including:
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Parking spaces, access aisles, signage, and paths
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Sidewalks, curb ramps, entrances, thresholds
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Door hardware and door pressure
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Interior travel routes and furniture layout
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Restrooms and fixture placement
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Service counters, card readers, and signage requirements
This is where many owners discover that small construction details—just inches—make the difference between compliance and liability.
Fix Problems and Document Corrections
Once you identify issues, keep a record of what you changed:
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Vendor invoices and work orders
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Before/after photos
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Maintenance logs
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ADA-related improvement plans
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Policies showing ongoing inspection and upkeep
Documentation matters. If you face an allegation later, proof of corrective action can be valuable.
Train Staff to Avoid “Operational Violations”
Some accessibility problems are created by everyday operations, not construction.
Train teams to avoid:
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Blocking aisles with displays or carts
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Storing items in travel routes
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Placing signs or décor that protrude into walking paths
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Obstructing restroom access
A property can be built to compliance—but still create daily accessibility barriers without oversight.
Why “Looking Accessible” Isn’t Enough
A common misconception is that modern design equals compliance. But ADA claims typically rely on measurable standards: slope angle, doorway width, fixture height, turning radius, signage placement, and clearance spacing.
To operate an ADA compliant property, you need:
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Correct construction and installation
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Routine maintenance
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Ongoing inspections
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Smart operational practices
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Extra caution after renovations and tenant improvements
Accessibility compliance is not a one-time checklist—it’s a standard that must be maintained. For support with ADA accessibility claims and property compliance concerns, contact The Mineo salcedo Law Firm.
Frequently Asked Questions – ADA compliant
1) What businesses must meet ADA accessibility requirements in Florida?
Most public-facing businesses must comply, including retail stores, restaurants, professional offices, clinics, hotels, and entertainment venues. Multi-family properties may have additional state/federal accessibility requirements depending on features and property type.
2) Can I be sued for an ADA issue even if nobody was injured?
Yes. ADA claims typically involve restricted access—not injury. A claim may allege that barriers prevented equal use of the property, even if no physical harm occurred.
3) Are older buildings exempt from ADA compliance?
Not automatically. Some older structures may have different requirements, but renovations, remodels, and alterations can trigger obligations to improve accessibility. Older properties still face legal risk if barriers exist.
4) What should I do if I receive an ADA demand letter?
Take it seriously and respond promptly. Demand letters often list alleged violations. You should document current conditions, evaluate whether violations exist, and seek legal guidance for the most appropriate response strategy.
