Earlier this month, the Florida Building Commission issued a declaratory statement meant to clear up some confusion about accessibility laws in The Sunshine State, as they apply to multifamily housing.

The Florida Accessibility Code for Building Construction includes the Americans with Disabilities Act 2010 Standards for Accessible Design and other stipulations specific to the state. Because of this, some owners and operators of apartment and condominium complexes have been confused as to whether the rules apply to these properties.

Responding to a request for clarification from attorney Robert S. Fine, the Florida Building Commission stated that accessibility codes do not apply to apartments and condominiums or their pools and spas, provided they neither receive government financial assistance or sponsorship nor open their pools and spas to anyone other than residents or their guests.

Public accommodation areas such as sales offices, restrooms and parking lots would need to comply, however.

Fine explains this, with references to specific sections of the Florida code, here.