Florida property owners face increasing legal exposure when it comes to ADA (Americans with Disabilities Act) compliance. Whether you own a small retail shop, an office building, a restaurant, a multifamily property, or a large commercial facility, failing to meet ADA standards can result in steep penalties, expensive remediation, attorney fees, and long-term reputational damage. Florida, specifically, has seen a sharp rise in ADA-related claims—many of which could have been avoided with proactive assessments and corrective action.
In this article, we break down what property owners need to know, how ADA lawsuits unfold in Florida, and why partnering with an experienced legal team like The Mineo Salcedo Law Firm can help protect your business.
Understanding ADA Requirements for Florida Properties
The ADA is a federal civil rights law designed to ensure equal access to public facilities, businesses, and services for individuals with disabilities. Title III of the ADA applies directly to businesses and property owners, requiring them to remove architectural barriers that prevent accessibility.
Common ADA requirements include:
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Accessible parking, ramps, and building entrances
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Proper signage and marked accessible routes
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ADA-compliant restrooms and door hardware
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Accessible sales counters, pathways, and seating
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Elevators or lifts in multi-level public areas
While these standards may seem straightforward, compliance is highly technical. Even small measurement errors—such as a ramp that is too steep or a grab bar installed at the wrong height—can trigger a violation.
Why ADA Claims Are Increasing in Florida
Florida has become a hotspot for ADA litigation because:
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High volume of commercial properties creates more opportunities for violations.
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Frequent renovations can inadvertently introduce non-compliant elements.
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Serial plaintiffs actively seek out violations and file numerous lawsuits.
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Tourism-driven business traffic increases exposure for restaurants, hotels, and retail centers.
Many lawsuits begin not with a complaint from a customer but from professional “testers” who visit properties solely to identify ADA violations.
Common ADA Violations That Lead to Lawsuits
Some of the most frequent ADA issues observed in Florida include:
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Insufficient number of accessible parking spaces
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Incorrect slope of ramps or parking surfaces
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Lack of proper tactile warning surfaces
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Narrow doorways or blocked accessible routes
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Service counters too high
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Non-compliant restroom clearances
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Improper signage placement
These issues may seem minor, but each one can be grounds for costly litigation.
What Happens When an ADA Claim Is Filed Against You
When a Florida property owner is served with an ADA complaint, the process often moves quickly. Typically:
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A lawsuit is filed in federal court.
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The plaintiff claims they encountered a barrier that denied access.
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The court may order an inspection of the property.
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The owner must respond and begin corrective actions.
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Attorney fees, court costs, and settlement demands rapidly add up.
Because ADA claims do not require the plaintiff to prove damages, these cases often result in settlements—even for issues that property owners were unaware of.
How Florida Property Owners Can Reduce Their Risk
1. Schedule a Professional ADA Inspection
A formal review by an accessibility expert can help property owners identify and correct violations before a lawsuit occurs.
2. Document All Corrective Measures
Keeping detailed records demonstrates good-faith efforts to comply and can reduce exposure in litigation.
3. Train Employees on Accessibility Awareness
Simple issues—like blocked access aisles or improperly arranged seating—can be prevented with basic training.
4. Consult an Attorney When Making Renovations
ADA standards change over time, and updates must always align with the most current guidelines.
Why Work With The Mineo Salcedo Law Firm
ADA compliance is both a legal and structural challenge—but you don’t have to navigate it alone. The Mineo Salcedo Law Firm provides guidance and defense strategies for Florida property owners facing ADA claims or seeking to prevent them.
Our attorneys help clients:
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Interpret federal and Florida-specific ADA requirements
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Conduct proactive compliance evaluations
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Respond quickly and effectively to lawsuits
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Negotiate settlements that minimize financial damage
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Protect their businesses from future ADA-related disputes
Whether you manage a single property or an entire portfolio, our team provides the insight and representation needed to keep your business legally protected.
Frequently Asked Questions
1. What types of properties in Florida must comply with the ADA?
Any property open to the public—including retail stores, offices, restaurants, hotels, multifamily leasing areas, and entertainment venues—must follow ADA standards.
2. Can ADA violations be unintentional and still result in a lawsuit?
Yes. ADA compliance is mandatory regardless of intent. Even small, unintended violations can trigger legal action.
3. Are property owners allowed a grace period to fix ADA violations?
No automatic grace period exists. Once a lawsuit is filed, owners must act quickly to correct violations and protect themselves legally.
4. How can an attorney help prevent ADA lawsuits?
An attorney can conduct pre-litigation compliance reviews, recommend corrective actions, defend against lawsuits, and help reduce exposure to serial plaintiffs.
