Florida Judicial Administration Rule 2.540
RULE 2.540. REQUESTS FOR ACCOMMODATIONS BY
PERSONS WITH DISABILITIES
(a) Duties of Court. Qualified individuals with a disability
will be provided, at the court’s expense, with accommodations,
reasonable modifications to rules, policies, or practices, or the
provision of auxiliary aids and services, in order to participate in
programs or activities provided by the courts of this state. The court
may deny a request only in accordance with subdivision (e).
(b) Definitions. The definitions encompassed in Title II of
the Americans with Disabilities Act of 1990, as amended by the
ADA Amendments Act of 2008 (Pub. L. 110-325, 122 Stat. 355
(2008)), 42 U.S.C. § 12101, et seq. and its implementing
regulations, 28 C.F.R. § 35.101 et seq., are incorporated into this
rule.
(c) Notice Requirement.
(1) All notices of court proceedings to be held in a
public facility, and all process compelling appearance at such
proceedings, shall include the following statement in bold face, 14-
point Times New Roman or Courier font:
“If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
[identify applicable court personnel by name, address, and
telephone number] at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the
time before the scheduled appearance is less than 7 days; if you are
hearing or voice impaired, call 711.”
(2) Each trial and appellate court shall post on its
respective website and in each court facility the procedures for
obtaining an accommodation as well as the grievance procedure
adopted by that court.
(d) Process for Requesting Accommodations. The process
for requesting accommodations is as follows:
(1) Requests for accommodations under this rule may
be presented on a form approved or substantially similar to one
approved by the Office of the State Courts Administrator, in another
written format, or orally. Requests must be forwarded to the ADA
coordinator, or designee, within the time frame provided in
subdivision (d)(3).
(2) Requests for accommodations must include a
description of the accommodation sought, along with a statement of
the impairment that necessitates the accommodation and the
duration that the accommodation is to be provided. Requests for
accommodation shall not include any information regarding the
merits of the case.
(3) If applicable to a court proceeding, the ADA
coordinator, or designee, shall advise the judge or the judge’s staff
of the request and proposed accommodation. The court, in its
discretion, may require the individual with a disability to provide
additional information about the impairment if the proposed
accommodation may present a fundamental alteration in the court
proceeding.
(4) Requests for accommodations must be made at
least 7 days before the scheduled court appearance, or immediately
upon receiving notification if the time before the scheduled court
appearance is less than 7 days. The court may, in its discretion,
waive this requirement.
(e) Response to Accommodation Request. The court must
respond to a request for accommodation as follows:
(1) The court must consider, but is not limited by, the
provisions of the Americans with Disabilities Act of 1990 in
determining whether to provide an accommodation or an
appropriate alternative accommodation.
(2) The court must inform the individual with a
disability of the following:
(A) That the request for accommodation is granted
or denied, in whole or in part, and if the request for accommodation
is denied, the reason therefor; or that an alternative accommodation
is granted;
(B) The nature of the accommodation to be
provided, if any; and
(C) The duration of the accommodation to be
provided.
If the request for accommodation is granted in its entirety, the
court shall respond to the individual with a disability by any
appropriate method. If the request is denied or granted only in
part, or if an alternative accommodation is granted, the court must
respond to the individual with a disability in writing, as may be
appropriate, and if applicable, in an alternative format.
(3) If the court determines that a person is a qualified
person with a disability and an accommodation is needed, a request
for accommodation may be denied only when the court determines
that the requested accommodation would create an undue financial
or administrative burden on the court or would fundamentally alter
the nature of the service, program, or activity.
(f) Grievance Procedure.
(1) Each judicial circuit and appellate court shall
establish and publish grievance procedures that allow for the
resolution of complaints. Those procedures may be used by anyone
who wishes to file a complaint alleging discrimination on the basis
of disability in the provision of services, activities, programs, or
benefits by the Florida State Courts System.
(2) If such grievance involves a matter that may affect
the orderly administration of justice, it is within the discretion of
the presiding judge to stay the proceeding and seek expedited
resolution of the grievance.
(g) Use of Service Animals.
(1) “Service animals” means any dog or miniature horse
that is individually trained to do work or perform tasks for the
benefit of an individual with a disability, including a physical,
sensory, psychiatric, intellectual, or other mental disability. The
work or tasks performed by a service animal must be directly
related to the individual’s disability. This definition excludes
animals that provide crime deterrence or emotional support, well-
being, comfort, or companionship.
(2) The court shall allow the use of a service animal by
an individual with a disability in facilities of the courts and when
participating in all programs or activities provided by the courts, as
provided in and subject to the requirements of the ADA and Florida
law.
(3) Subject to the requirements of the ADA, an
individual seeking to use a service animal in a scheduled court
appearance should notify the court in advance pursuant to the
procedures in subdivision (d). The failure to give advance
notification shall not preclude the use of a service animal where
otherwise permissible under this rule.
(h) Use of Emotional Support Animals.
(1) “Emotional support animal” means a companion
animal that provides needed emotional support, well-being, or
comfort to an individual in the forms of affection and
companionship. Emotional support animals are not trained to do
any specific work or tasks for the benefit of an individual.
(2) The court may permit an individual the use of and
accompaniment of an emotional support animal when participating
in programs, services, or activities provided by the courts of this
state.
(3) An individual seeking to use an emotional support
animal in a scheduled court appearance must notify the court in
advance pursuant to the procedures in subdivision (d).
PERSONS WITH DISABILITIES
(a) Duties of Court. Qualified individuals with a disability
will be provided, at the court’s expense, with accommodations,
reasonable modifications to rules, policies, or practices, or the
provision of auxiliary aids and services, in order to participate in
programs or activities provided by the courts of this state. The court
may deny a request only in accordance with subdivision (e).
(b) Definitions. The definitions encompassed in Title II of
the Americans with Disabilities Act of 1990, as amended by the
ADA Amendments Act of 2008 (Pub. L. 110-325, 122 Stat. 355
(2008)), 42 U.S.C. § 12101, et seq. and its implementing
regulations, 28 C.F.R. § 35.101 et seq., are incorporated into this
rule.
(c) Notice Requirement.
(1) All notices of court proceedings to be held in a
public facility, and all process compelling appearance at such
proceedings, shall include the following statement in bold face, 14-
point Times New Roman or Courier font:
“If you are a person with a disability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact
[identify applicable court personnel by name, address, and
telephone number] at least 7 days before your scheduled court
appearance, or immediately upon receiving this notification if the
time before the scheduled appearance is less than 7 days; if you are
hearing or voice impaired, call 711.”
(2) Each trial and appellate court shall post on its
respective website and in each court facility the procedures for
obtaining an accommodation as well as the grievance procedure
adopted by that court.
(d) Process for Requesting Accommodations. The process
for requesting accommodations is as follows:
(1) Requests for accommodations under this rule may
be presented on a form approved or substantially similar to one
approved by the Office of the State Courts Administrator, in another
written format, or orally. Requests must be forwarded to the ADA
coordinator, or designee, within the time frame provided in
subdivision (d)(3).
(2) Requests for accommodations must include a
description of the accommodation sought, along with a statement of
the impairment that necessitates the accommodation and the
duration that the accommodation is to be provided. Requests for
accommodation shall not include any information regarding the
merits of the case.
(3) If applicable to a court proceeding, the ADA
coordinator, or designee, shall advise the judge or the judge’s staff
of the request and proposed accommodation. The court, in its
discretion, may require the individual with a disability to provide
additional information about the impairment if the proposed
accommodation may present a fundamental alteration in the court
proceeding.
(4) Requests for accommodations must be made at
least 7 days before the scheduled court appearance, or immediately
upon receiving notification if the time before the scheduled court
appearance is less than 7 days. The court may, in its discretion,
waive this requirement.
(e) Response to Accommodation Request. The court must
respond to a request for accommodation as follows:
(1) The court must consider, but is not limited by, the
provisions of the Americans with Disabilities Act of 1990 in
determining whether to provide an accommodation or an
appropriate alternative accommodation.
(2) The court must inform the individual with a
disability of the following:
(A) That the request for accommodation is granted
or denied, in whole or in part, and if the request for accommodation
is denied, the reason therefor; or that an alternative accommodation
is granted;
(B) The nature of the accommodation to be
provided, if any; and
(C) The duration of the accommodation to be
provided.
If the request for accommodation is granted in its entirety, the
court shall respond to the individual with a disability by any
appropriate method. If the request is denied or granted only in
part, or if an alternative accommodation is granted, the court must
respond to the individual with a disability in writing, as may be
appropriate, and if applicable, in an alternative format.
(3) If the court determines that a person is a qualified
person with a disability and an accommodation is needed, a request
for accommodation may be denied only when the court determines
that the requested accommodation would create an undue financial
or administrative burden on the court or would fundamentally alter
the nature of the service, program, or activity.
(f) Grievance Procedure.
(1) Each judicial circuit and appellate court shall
establish and publish grievance procedures that allow for the
resolution of complaints. Those procedures may be used by anyone
who wishes to file a complaint alleging discrimination on the basis
of disability in the provision of services, activities, programs, or
benefits by the Florida State Courts System.
(2) If such grievance involves a matter that may affect
the orderly administration of justice, it is within the discretion of
the presiding judge to stay the proceeding and seek expedited
resolution of the grievance.
(g) Use of Service Animals.
(1) “Service animals” means any dog or miniature horse
that is individually trained to do work or perform tasks for the
benefit of an individual with a disability, including a physical,
sensory, psychiatric, intellectual, or other mental disability. The
work or tasks performed by a service animal must be directly
related to the individual’s disability. This definition excludes
animals that provide crime deterrence or emotional support, well-
being, comfort, or companionship.
(2) The court shall allow the use of a service animal by
an individual with a disability in facilities of the courts and when
participating in all programs or activities provided by the courts, as
provided in and subject to the requirements of the ADA and Florida
law.
(3) Subject to the requirements of the ADA, an
individual seeking to use a service animal in a scheduled court
appearance should notify the court in advance pursuant to the
procedures in subdivision (d). The failure to give advance
notification shall not preclude the use of a service animal where
otherwise permissible under this rule.
(h) Use of Emotional Support Animals.
(1) “Emotional support animal” means a companion
animal that provides needed emotional support, well-being, or
comfort to an individual in the forms of affection and
companionship. Emotional support animals are not trained to do
any specific work or tasks for the benefit of an individual.
(2) The court may permit an individual the use of and
accompaniment of an emotional support animal when participating
in programs, services, or activities provided by the courts of this
state.
(3) An individual seeking to use an emotional support
animal in a scheduled court appearance must notify the court in
advance pursuant to the procedures in subdivision (d).