Florida: Section 508 for state agencies

Section 282.603 binds each state agency. It does not reach counties, cities, school districts or private businesses; those are governed by the federal ADA, including the Title II web rule for local governments.

Agencies must develop, procure, maintain and use accessible electronic and information technology. Technology acquired on or after 1 July 2006 must conform to the applicable provisions of Section 508 and the federal regulations in 36 CFR part 1194. Those regulations now point to WCAG 2.0 Level A and AA for electronic content.

The section has three limits. It does not apply where compliance imposes an undue burden, though the agency must then provide the information by an alternative method of access. It does not require assistive software at the workstation of an employee who has no disability. And it does not require an agency to provide its products at a location other than where they are normally offered.

State law here adds to federal law; it does not replace it. Every city, county, school district and special district in Florida is bound by the federal Title II web rule, 28 CFR 35.200, which requires WCAG 2.1 Level AA on web content and mobile apps: from April 26, 2027 for public entities of 50,000 people or more, and from April 26, 2028 for smaller entities and special districts. State agencies are bound by the same rule at the earlier date.

Private businesses open to the public answer to ADA Title III. A private plaintiff can sue for an injunction and ask for attorney's fees; the Department of Justice can sue for damages and civil penalties. No federal regulation names a web standard for businesses, so audits use WCAG 2.1 or 2.2 Level AA as the working benchmark.

Section 508's standards, in 36 CFR part 1194, require electronic content to conform to WCAG 2.0 Level A and AA. The federal Title II rule requires WCAG 2.1 Level AA. A Florida agency therefore faces two benchmarks, and the higher one decides the work: WCAG 2.1 adds Level AA success criteria that WCAG 2.0 does not have, among them 1.4.10 Reflow, 1.4.11 Non-text Contrast, 1.4.12 Text Spacing and 4.1.3 Status Messages.

Vendors should report against both, or against WCAG 2.1 AA with a mapping to Section 508, so the agency does not have to ask twice.

For a vendor, Florida means Section 508: expect agencies to ask for a Section 508 conformance report, and write it from a test. For a Florida agency, the federal Title II rule now sets the higher bar, WCAG 2.1 AA, with a compliance date of April 26, 2027 for entities of 50,000 people or more. A private Florida business is not touched by this section.