Florida Web Accessibility Laws: Federal Requirements and State Compliance

Introduction

Florida does not have its own comprehensive digital accessibility law. Instead, private businesses in Florida must comply with federal ADA Title III requirements, while state agencies must meet Section 508 standards. However, Florida courts have been active in interpreting these laws, and the state has become an increasingly popular jurisdiction for accessibility litigation.

This guide covers the federal requirements applicable in Florida and the state's approach to accessibility compliance.

Federal Framework: ADA Title III in Florida

The Americans with Disabilities Act Title III is the primary accessibility requirement for private businesses in Florida. The Department of Justice and courts have established that websites and digital services are "places of public accommodation" and must be accessible.

ADA Title III Requirements

• Applies to private businesses serving the public
• Non-discrimination based on disability
• Websites and digital services must be accessible
• WCAG 2.1 Level AA is the recognized standard
• Private enforcement through lawsuits

Scope in Florida

• Retail businesses and e-commerce
• Financial institutions
• Healthcare providers
• Tourism and hospitality
• Entertainment and recreation
• Professional services

Official information: ADA Web Accessibility Guidance

WCAG 2.1 Level AA Standard

While ADA Title III doesn't specify a technical standard, courts and the Department of Justice have endorsed WCAG 2.1 Level AA as the appropriate benchmark.

Key Requirements

• 4.5:1 color contrast for normal text
• 3:1 contrast for large text (18pt+)
• Keyboard navigation for all content
• Alt text for all images
• Captions and transcripts for video
• Proper HTML heading hierarchy
• Form labels and error identification
• Screen reader compatibility
• Support for zoom up to 200%
• Focus indicators visible at all times

Reference: WCAG 2.1 Quick Reference

Section 508: State Agency Compliance

Florida state agencies and departments must comply with Section 508 of the Rehabilitation Act, a federal law requiring accessibility in electronic and information technology.

Section 508 Requirements

• Applies to all state agencies and departments
• Covers websites, applications, and digital content
• Requires WCAG 2.1 Level AA compliance (as of 2024 update)
• Annual reporting to federal government
• Enforced by U.S. Department of Labor

Practical Impact

While Section 508 only directly applies to state agencies, compliance standards established for government agencies often influence private sector standards and litigation benchmarks.

Section 508 standards: Section 508.gov Official Website

Accessibility Litigation in Florida

Florida has emerged as a growing jurisdiction for ADA Title III accessibility litigation, particularly in tourism and hospitality sectors.

Why Florida Litigation Increasing

• Large service-based economy (tourism, hospitality)
• Federal courts actively entertaining accessibility cases
• Significant disability population and advocacy
• Technology startup concentration (particularly Miami/Tampa)
• National retailers and chains based or operating in Florida

Common Targets

• Hotels and vacation rental websites
• Restaurant websites and reservation systems
• Airlines and travel booking sites
• Theme parks and entertainment venues
• Shopping centers and retail e-commerce

Settlement Patterns

• Individual settlements: $5,000-$50,000+
• Class action settlements: Often higher
• Attorney fees typically substantial
• Injunctions requiring remediation common

Florida-Specific Accessibility Challenges

Florida businesses face particular accessibility challenges due to industry composition:

Tourism and Hospitality

• Hotel and resort websites often have complex booking functionality
• Travel sites need accessible video content
• Mobile booking apps increasingly targeted in litigation

Healthcare

• Large senior population requires accessible health information
• Telemedicine platforms must be accessible
• Medical records portals need keyboard navigation

Real Estate

• Property listing sites need accessible photo galleries
• Virtual tours must have alternative formats
• Real estate transaction platforms must be keyboard accessible

Finance and Insurance

• Banking websites heavily targeted in litigation
• Insurance portals must be fully accessible
• Mortgage and investment platforms critical

How Accessibility Violations Are Enforced

ADA Title III violations in Florida can be enforced through multiple channels:

Private Litigation

• Individuals with disabilities can file lawsuits
• No need for DOJ involvement or approval
• Direct civil litigation in federal district court
• Attorney fees typically awarded to prevailing plaintiffs

Department of Justice Enforcement

• DOJ can investigate accessibility violations
• Issues warning letters and compliance demands
• Can file lawsuits against persistent violators
• Negotiates settlement agreements

Florida District Courts

• Middle District of Florida (Tampa, Jacksonville, Orlando)
• Southern District of Florida (Miami, Fort Lauderdale)
• Northern District of Florida (Pensacola, Tallahassee)

Steps to Achieve ADA Compliance in Florida

Florida businesses should implement immediate accessibility measures:

Phase 1: Assessment

• Audit websites against WCAG 2.1 Level AA
• Identify critical barriers (booking, checkout, forms)
• Test with screen readers (NVDA, JAWS)
• Assess mobile app accessibility

Phase 2: Prioritized Remediation

• Fix blocking issues on high-traffic pages
• Implement alt text for images
• Ensure keyboard navigation
• Verify color contrast ratios (4.5:1 minimum)
• Add captions to video content

Phase 3: Implementation

• Train staff on accessible web design
• Update content management practices
• Establish accessibility testing procedures
• Create accessibility statement
• Establish feedback/complaint mechanism

Phase 4: Ongoing Maintenance

• Regular accessibility audits
• Continuous monitoring and testing
• Respond promptly to accessibility complaints
• Keep accessibility documentation current

Key Takeaways

• ADA Title III applies to all Florida private businesses
• WCAG 2.1 Level AA is the recognized standard
• Section 508 applies to Florida state agencies
• Litigation in Florida is increasing, particularly in tourism
• Florida courts actively enforce ADA Title III in digital context
• Private enforcement means individuals can sue directly
• Attorney fees and damages can be substantial
• Proactive remediation is critical risk management

Resources

• ADA Web Accessibility Guidance
• Section 508 Official Website
• WCAG 2.1 Quick Reference
• DOJ Title III Guidance
• Equal Employment Opportunity Commission
• WebAIM Resources