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. Official information: ADA Web Accessibility Guidance
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
Retail businesses and e-commerce
Financial institutions
Healthcare providers
Tourism and hospitality
Entertainment and recreation
Professional services
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. Reference: WCAG 2.1 Quick Reference
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
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. 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
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
Accessibility Litigation in Florida
Florida has emerged as a growing jurisdiction for ADA Title III accessibility litigation, particularly in tourism and hospitality sectors.
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
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
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:
Hotel and resort websites often have complex booking functionality
Travel sites need accessible video content
Mobile booking apps increasingly targeted in litigation
Large senior population requires accessible health information
Telemedicine platforms must be accessible
Medical records portals need keyboard navigation
Property listing sites need accessible photo galleries
Virtual tours must have alternative formats
Real estate transaction platforms must be keyboard accessible
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:
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
DOJ can investigate accessibility violations
Issues warning letters and compliance demands
Can file lawsuits against persistent violators
Negotiates settlement agreements
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:
Audit websites against WCAG 2.1 Level AA
Identify critical barriers (booking, checkout, forms)
Test with screen readers (NVDA, JAWS)
Assess mobile app accessibility
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
Train staff on accessible web design
Update content management practices
Establish accessibility testing procedures
Create accessibility statement
Establish feedback/complaint mechanism
Regular accessibility audits
Continuous monitoring and testing
Respond promptly to accessibility complaints
Keep accessibility documentation current