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House Bill 1385

Florida House of Representatives - 1997 HB 1385 By Representative Brennan 1 A bill to be entitled 2 An act relating to the Florida Americans With 3 Disabilities Accessibility Implementation Act; 4 amending s. 553.502, F.S.; restating the intent 5 of the act; amending s. 553.503, F.S.; adopting 6 federal guidelines and the 1997 Florida 7 Accessibility Code for Building Construction; 8 amending s. 553.504, F.S.; revising exceptions 9 to applicability of guidelines; amending s. 10 553.505, F.S.; revising exceptions to 11 applicability of the Americans with 12 Disabilities Act; amending s. 553.507, F.S.; 13 revising exemptions from the act; amending s. 14 553.509, F.S.; revising vertical accessibility 15 requirements; amending ss. 553.511, 316.1955, 16 F.S.; revising requirements for parking 17 facilities and spaces; providing an effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 553.502, Florida Statutes, is 23 amended to read: 24 553.502 Intent.--The purpose and intent of ss. 25 553.501-553.513 is to incorporate into the law of this state 26 the accessibility requirements of the Americans with 27 Disabilities Act of 1990, Pub. L. No. 101-336, 42 U.S.C. ss. 28 12101 et seq. and to obtain and maintain U.S. Department of 29 Justice certification of the Florida Accessibility Code for 30 Building Construction as equivalent to federal standards for 31 accessibility of buildings, structures, and facilities. All 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 state laws, rules, standards, and codes governing facilities 2 covered by the guidelines shall be maintained to assure 3 certification of the state's construction standards and code. 4 Section 2. Section 553.503, Florida Statutes, is 5 amended to read: 6 553.503 Adoption of guidelines.--Subject to the 7 exceptions in s. 553.504, the federal Americans with 8 Disabilities Act Accessibility Guidelines, as adopted by 9 reference in 28 C.F.R., part 36, subparts A and D, and Title 10 II of Pub. L. No. 101-336, are hereby adopted and incorporated 11 by reference as the law of this state. The guidelines shall 12 establish the minimum standards for the accessibility of 13 buildings and facilities built or altered within this state. 14 The 1997 Florida Accessibility Code for Building Construction 15 submitted to the Legislature by the Department of Community 16 Affairs is approved. 17 Section 3. Section 553.504, Florida Statutes, 1996 18 Supplement, is amended to read: 19 553.504 Exceptions to applicability of the 20 guidelines.--Notwithstanding the adoption of the Americans 21 with Disabilities Act Accessibility Guidelines in s. 553.503, 22 all buildings, structures, and facilities in this state shall 23 meet the following additional requirements when they provide 24 increased accessibility: 25 (1) All new or altered buildings and facilities 26 subject to ss. 553.501-553.513 which may be frequented in, 27 lived in, or worked in by the public shall comply with ss. 28 553.501-553.513. 29 (2) All new single-family houses, duplexes, triplexes, 30 condominiums, and townhouses shall provide at least one 31 bathroom, located with maximum possible privacy, where 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 bathrooms are provided on habitable grade levels, with a door 2 that has a 29-inch clear opening. However, if only a toilet 3 room is provided at grade level, such toilet room shall have a 4 clear opening of not less than 29 inches. 5 (3) All required doors and walk-through openings in 6 buildings excluding single-family homes, duplexes, and 7 triplexes not covered by the Americans with Disabilities Act 8 of 1990 or the Fair Housing Act shall have at least 29 inches 9 of clear width except under ss. 553.501-553.513. 10 (4) In addition to the requirements in reference 4.8.4 11 of the guidelines, all landings on ramps shall be not less 12 than 60 inches clear, and the bottom of each ramp shall have 13 not less than 72 inches of straight and level clearance. 14 (5) All curb ramps shall be designed and constructed 15 in accordance with the following requirements: 16 (a) In addition to the other requirements in reference 17 4.7.1 of the guidelines, curb ramps or curb cuts from parking 18 areas that are privately owned, to the walkway level, shall be 19 provided and, if more than one is provided, it shall be spaced 20 along such walkways at intervals of no more than 100 feet and 21 such ramps or curb cuts shall be located as close as practical 22 to main entrances and exits to buildings. 23 (b) Notwithstanding the requirements of reference 24 4.8.5.2 of the guidelines, handrails on ramps which are not 25 continuous shall extend not less than 18 inches beyond the 26 sloped segment at both the top and bottom, and shall be 27 parallel to the floor or ground surface. 28 (c) Notwithstanding the requirements of references 29 4.3.3 and 4.8.3 of the guidelines, curb ramps that are part of 30 a required means of egress shall be not less than 44 inches 31 wide. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 (d) Notwithstanding the requirements of reference 2 4.7.5 of the guidelines, curb ramps located where pedestrians 3 must use them and all curb ramps which are not protected by 4 handrails or guardrails shall have flared sides with a slope 5 not exceeding a ratio of 1 to 12. 6 (6) Notwithstanding the requirements in reference 7 4.13.11 of the guidelines, exterior hinged doors shall be so 8 designed that such doors can be pushed or pulled open with a 9 force not exceeding 8.5 foot pounds. 10 (7) Notwithstanding the requirements in reference 11 4.33.1 of the guidelines, all public food service 12 establishments, all establishments licensed under the Beverage 13 Law for consumption on the premises, and all facilities 14 governed by reference 4.1 of the guidelines shall provide 15 seating or spaces for seating in accordance with the following 16 requirements: 17 (a) For the first 100 fixed seats, there shall be not 18 less than one such accessible and usable spaces must be 19 provided consistent with the following table: 20 21 Capacity of Seating Number of Required 22 In Assembly Areas Wheelchair Locations 23 24 1 to 25........................................ 1 25 26 to 50....................................... 2 26 51 to 100...................................... 4 27 space for each 25 fixed seats or fraction thereof. 28 (b) For all remaining fixed seats, there shall be not 29 less than one such accessible and usable space for each 100 30 fixed seats or fraction thereof. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 (8) Notwithstanding the requirements in references 2 4.32.1-4.32.4 of the guidelines, all fixed seating in public 3 food service establishments, in establishments licensed under 4 the Beverage Law for consumption on the premises, and in all 5 other facilities governed by reference 4.1 of the guidelines 6 shall be designed and constructed in accordance with the 7 following requirements: 8 (a) All aisles adjacent to fixed seating shall provide 9 clear space for wheelchairs. 10 (b) Where there are open positions along both sides of 11 such aisles, the aisles shall be not less than 52 inches wide. 12 (9) In motels and hotels a number of rooms equaling at 13 least 5 percent of the guest rooms minus the number of 14 accessible rooms required by the guidelines shall provide the 15 following special accessibility features: 16 (a) Grab rails in bathrooms and toilet rooms that 17 comply with s. 4.16.4 of the guidelines shall be located 33 18 inches from and parallel to the finished floor, measured 19 vertically to the top of the rail, with a variation not to 20 exceed 1/2 inch. 21 (b) All beds in designed accessible guest rooms shall 22 be open-frame type to permit passage of lift devices. 23 (c) All standard water closet seats shall be at a 24 height of 15 inches, measured vertically from the finished 25 floor to the top of the seat, with a variation of plus or 26 minus 1/2 inch. A portable or attached raised toilet seat 27 shall be provided in all designated handicapped accessible 28 rooms. 29 30 All buildings, structures, or facilities licensed as a hotel, 31 motel, or condominium pursuant to chapter 509 shall be subject 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 to the provisions of this subsection. Nothing in this 2 subsection shall be construed as relieving the owner of the 3 responsibility of providing accessible rooms in conformance 4 with ss. 9.1-9.5 of the guidelines. 5 (10) Notwithstanding the requirements in reference 6 4.29.2 of the guidelines, all detectable warning surfaces 7 required by the guidelines shall be governed by the 8 requirements of American National Standards Institute 9 A117.1-1986. 10 (11) Notwithstanding the requirements in references 11 4.31.2 and 4.31.3 of the guidelines, the installation and 12 placement of all public telephones shall be governed by the 13 rules of the Florida Public Service Commission. 14 (12) Notwithstanding the requirements in references 15 4.1.3(11) and 4.16-4.23 of the guidelines, required restrooms 16 and toilet rooms in new construction shall be designed and 17 constructed in accordance with the following requirements: 18 (a) Each restroom and toilet room shall have a minimum 19 clear passage of at least 36 inches to the accessible toilet 20 stall. If turns of 45 degrees or more are required, such 21 passageway shall be at least 44 inches wide. 22 (a)(b) The standard accessible restroom stall shall be 23 not less than 68 inches by 68 inches and shall contain an 24 accessible lavatory within it, the size of such lavatory to be 25 not less than 19 inches wide by 17 inches deep, nominal size, 26 and wall-mounted. The lavatory shall be mounted so as not to 27 overlap the clear floor space areas required by s. 4.17 figure 28 30(a) of the guidelines for the standard accessible stall and 29 to comply with section 4.19 of the guidelines. Such lavatories 30 shall be counted as part of the required fixture count for the 31 building. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 (b)(c) The accessible water closet shall be located in 2 the corner, diagonal to the door. 3 (c)(d) The stall door shall be located in the wall 4 adjacent to the accessible lavatory, as far from the lavatory 5 as possible, or the stall door shall be located in the wall 6 opposite the accessible lavatory if a 60-inch diameter 7 wheelchair turnaround can be accommodated within the stall. 8 The accessible stall door shall swing outward, shall be not 9 less than 32 inches wide, and shall be self-closing. Such 10 lavatories shall be counted as part of the required fixture 11 count for the building. 12 (e) Accessible lavatories shall have lever-operated 13 faucets and narrow aprons which shall be mounted at a vertical 14 distance of 28 inches, measured by the vertical distance from 15 the finished surface of the floor to the bottom of the apron, 16 and which shall allow for use of the lavatory by persons in 17 wheelchairs. 18 (f) Accessible water closet seats shall be at a height 19 of not less than 19 inches and not more than 20 inches, 20 measured by the vertical distance from the finished surface of 21 the floor to the top of the seat. 22 (g) A grab rail shall be installed at a height of 33 23 inches, measured by the vertical distance from the finished 24 surface of the floor to the top of the rail, with an allowable 25 variation of not more than 0.5 inches. 26 (h) Restroom vestibules in which doors are not in a 27 series shall be not less than 52 inches wide, unobstructed, 28 and not less than 72 inches deep, unobstructed, in inside 29 dimensions, and the door shall swing inward. 30 (13) Notwithstanding the provisions of the guidelines, 31 when the use of a building, structure, or facility is changed 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 or is altered, the following shall apply in required restrooms 2 and toilet rooms must contain accessible water closets and 3 grab bars in conformance with the guidelines.: 4 (a) Accessible water closet seats shall be at a height 5 of not less than 19 inches and not more than 20 inches, 6 measured by the vertical distance from the finished surface of 7 the floor to the top of the seat. 8 (b) A grab rail shall be installed at a height of 33 9 inches, measured by the vertical distance from the finished 10 surface of the floor to the top of the rail, with an allowable 11 variation of not more than 0.5 inches. 12 (14) All customer checkout aisles not required by the 13 guidelines to be handicapped accessible shall have at least 32 14 inches of clear passage. 15 (15) Turnstiles shall not be used in occupancies which 16 serve fewer than 100 persons, but turnstiles may be used in 17 occupancies which serve at least 100 persons if there is an 18 unlocked alternate passageway on an accessible route affording 19 not less than 32 inches of clearance, equipped with latching 20 devices in accordance with the guidelines. 21 (16) Barriers at common or emergency entrances and 22 exits of business establishments conducting business with the 23 general public that are existing, under construction, or under 24 contract for construction which would prevent a person from 25 using such entrances or exits shall be removed. 26 Section 4. Section 553.505, Florida Statutes, 1996 27 Supplement, is amended to read: 28 553.505 Exceptions to applicability of the Americans 29 with Disabilities Act.--Notwithstanding the Americans with 30 Disabilities Act of 1990, churches and private clubs are 31 governed by ss. 553.501-553.513. Parking spaces, parking lots, 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 and other parking facilities are governed by s. 316.1955 when 2 that section provides increased accessibility. 3 Section 5. Section 553.507, Florida Statutes, is 4 amended to read: 5 553.507 Exemptions.--Sections 553.501-553.513 do not 6 apply to any of the following: 7 (1) Buildings, structures, or facilities that which 8 were either under construction or under contract for 9 construction on October 1, 1997 1993. 10 (2) Buildings, structures, or facilities that which 11 were in existence on October 1, 1997 1993, unless: 12 (a) The building, structure, or facility is being 13 converted from residential to nonresidential or mixed use, as 14 defined by local law; 15 (b) The proposed alteration or renovation of the 16 building, structure, or facility will affect the usability or 17 accessibility of routes of travel or primary functions to a 18 degree that which invokes the requirements of s. 303(a) of the 19 Americans with Disabilities Act of 1990; or 20 (c) The original construction or any former alteration 21 or renovation of the building, structure, or facility was 22 carried out in violation of applicable permitting law. 23 24 Disproportionate cost as provided in reference 4.1.6(2) of the 25 guidelines shall be defined as exceeding 20 percent of the 26 cost of the alteration to the primary function area. 27 Section 6. Section 553.509, Florida Statutes, is 28 amended to read: 29 553.509 Vertical accessibility.--Nothing in sections 30 553.501-553.513 or the guidelines shall be construed to 31 relieve the owner of any building, structure, or facility 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 governed by those sections from the duty to provide vertical 2 accessibility to all levels above and below the occupiable 3 habitable grade level, regardless of whether the guidelines 4 require an elevator to be installed in such building, 5 structure, or facility. 6 Section 7. Section 553.511, Florida Statutes, is 7 amended to read: 8 553.511 Parking facilities; minimum height clearance 9 requirement.--Every nonresidential structure built on or after 10 January 1, 1991, which is designed to use covered or 11 underground parking as the primary available parking space, 12 shall design the covered or underground parking facility to 13 maintain a minimum height clearance requirement for the 14 portion of the street-accessible level of the parking facility 15 directly over van-accessible handicapped parking spaces and 16 for providing ingress and egress to such handicapped parking 17 spaces of at least 8 feet 2 inches. With respect to parking 18 on the street-accessible level of such a facility only, any 19 facility which complies with this minimum height requirement 20 shall be required to provide 100 percent of the handicapped 21 parking spaces which would otherwise be required by law or 22 rule. Signs shall be posted to warn operators of 23 handicapped-equipped vans that they cannot pass beyond a 24 certain point due to height limitations. If compliance with 25 this minimum height clearance requirement will cause the 26 structure to exceed local height limitations imposed by local 27 zoning, planning, or fire ordinances, or will result in the 28 imposition of any additional requirements of such ordinances, 29 the structure may exceed the height limitation specified in 30 those particular codes as necessary to comply with the 31 requirements of this section and is exempt from such 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 additional requirements. Structures for which the plans were 2 sealed by an architect prior to January 1, 1991, are exempt 3 from this section. 4 Section 8. Section 316.1955, Florida Statutes, 1996 5 Supplement, is amended to read: 6 316.1955 Parking spaces for persons who have 7 disabilities.-- 8 (1) Subject to the exceptions described in subsections 9 (2), (4), (5), and (6), when the parking and loading zone 10 requirements of the federal Americans with Disabilities Act 11 Accessibility Guidelines (ADAAG), as adopted by reference in 12 28 C.F.R. Part 36, Subparts A and D, and Title II of Pub. L. 13 No. 101-336, provide increased accessibility, those 14 requirements are adopted and incorporated by reference as the 15 law of this state. 16 (2)(1) State agencies and political subdivisions 17 having jurisdiction over street parking or publicly owned or 18 operated parking facilities are not required to provide a 19 greater right-of-way width than would otherwise be planned 20 under regulations, guidelines, or practices normally applied 21 to new development. 22 (3)(2) If parking spaces are provided for self-parking 23 by employees or visitors, or both, accessible spaces shall be 24 provided in each such parking area. Such spaces shall be Each 25 state agency and political subdivision that has jurisdiction 26 over street parking or publicly owned and operated parking 27 facilities and each commercial real estate property owner who 28 offers public parking shall provide a minimum number of 29 specially designed and marked motor vehicle parking spaces for 30 the exclusive use of those individuals who have a severe 31 physical disability and have permanent or temporary mobility 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 problems that substantially impair their ability to ambulate 2 and who have been issued either a disabled parking permit 3 under s. 316.1958 or s. 320.0848 or a license plate under s. 4 320.084, s. 320.0842, s. 320.0843, or s. 320.0845. 5 (4)(3) The following minimum number of accessible such 6 parking spaces must comply with the parking requirements in 7 ADAAG section 4.1. and the following be provided: 8 (a) One space in the immediate vicinity of a publicly 9 owned or leased building that houses a governmental entity or 10 a political subdivision, including, but not limited to, state 11 office buildings and courthouses, if no parking for the public 12 is provided on the premises of the building; 13 (b) One space for each 150 metered onstreet parking 14 spaces provided by state agencies and political subdivisions; 15 (c) Parking facilities that are intended for public 16 use but are not subject to paragraph (a) must provide for 17 persons who have disabilities a minimum number of parking 18 spaces as set forth in the following table; however, The 19 number of parking spaces for persons who have disabilities 20 must be increased on the basis of demonstrated and documented 21 need: 22 23 Total Parking in Lot Required Number of 24 Accessible Spaces 25 26 Up to 25....................................... 1 27 26 to 50....................................... 2 28 51 to 75....................................... 3 29 76 to 100...................................... 4 30 101 to 150..................................... 5 31 151 to 200..................................... 6 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 201 to 300..................................... 7 2 301 to 400..................................... 8 3 401 to 500..................................... 9 4 501 to 1000.............................. 2% of total 5 over 1000......................... 20 plus 1 for each 6 100 over 1000 7 8 9 Accessible parking spaces at outpatient facilities and 10 facilities that specialize in the treatment of persons with 11 mobility impairments shall allocate the number of accessible 12 spaces specified in s. 4.1.2 of the Americans with 13 Disabilities Act Accessibility Guidelines. 14 (5)(4) Accessible perpendicular and diagonal 15 accessible Such parking spaces and loading zones must be 16 designed and located in conformance with the guidelines set 17 forth in ADAAG ss. 4.1.2. and 4.6. and Appendix section A4.6.3 18 "Universal Parking Design." as follows: 19 (a) All spaces must have accessible thereto a 20 curb-ramp or curb-cut, when necessary to allow access to the 21 building served, and must be located on an accessible route no 22 less than 44 inches wide so that users will not be compelled 23 to walk or wheel behind parked vehicles. 24 (b) Each space must be located on the shortest safely 25 accessible route from the parking space to an accessible 26 entrance. If there are multiple entrances or multiple retail 27 stores, the parking spaces must be dispersed to provide 28 parking at the nearest accessible entrance. If a theme park 29 or an entertainment complex as defined in s. 509.013(9) 30 provides parking in several lots or areas from which access to 31 the theme park or entertainment complex is provided, a single 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 lot or area may be designated for parking by persons who have 2 disabilities, if the lot or area is located on the shortest 3 safely accessible route to an accessible entrance to the theme 4 park or entertainment complex or to transportation to such an 5 accessible entrance. 6 (c) Each parking space must be no less than 12 feet 7 wide. Parking access aisles must be no less than 5 feet wide 8 and must be part of an accessible route to the building or 9 facility entrance. The parking access aisles are reserved for 10 the use of persons who have disabled parking permits, and 11 violators are subject to the same penalties that are imposed 12 for illegally parking in parking spaces that are designated 13 for persons who have disabilities. Two accessible parking 14 spaces may share a common access aisle. The access aisle must 15 be striped diagonally to designate it as a no-parking zone. 16 Any provision of this subsection to the contrary 17 notwithstanding, a theme park or an entertainment complex as 18 defined in s. 509.013(9) in which are provided continuous 19 attendant services for directing individuals to marked 20 accessible parking spaces or designated lots for parking by 21 persons who have disabilities, the park or complex may, in 22 lieu of the required parking space design universal spaces, 23 provide parking spaces that comply with ss. 4.1 and 4.6 either 24 of the alternatives specified in s. 4.6.3 of the Americans 25 with Disabilities Act Accessibility Guidelines. 26 (d) On-street parallel parking spaces must be located 27 either at the beginning or end of a block or adjacent to alley 28 entrances. Such spaces must be designed in conformance with 29 the guidelines set forth in ADAAG ss. 4.6.2 through 4.6.5 30 EXCEPTION: access aisles are not required. Curbs adjacent to 31 such spaces must be of a height that will not interfere with 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 the opening and closing of motor vehicle doors. This 2 subsection does not relieve the owner of the responsibility to 3 comply with the parking requirements of ADAAG ss. 4.1 and 4.6. 4 (e) Perpendicular and diagonal parking spaces and 5 access aisles for persons who have disabilities must be even 6 with surface slopes and must not exceed a slope of 1 to 50 in 7 any direction. Parallel parking spaces must be even with 8 surface slopes, may match the grade of the adjacent travel 9 lane, and must not exceed a cross slope of 1 to 50, where 10 feasible. 11 (f) Curb ramps must be located outside of the disabled 12 parking spaces and access aisles. 13 (g) Each parking space must conform with the 14 requirements of this section no later than October 1, 1997. 15 (h)1. The removal of architectural barriers from a 16 parking facility in accordance with 28 C.F.R. s. 36.304 or 17 with s. 553.508 must comply with this section unless 18 compliance would cause the barrier removal not to be readily 19 achievable. If compliance would cause the barrier removal not 20 to be readily achievable, a facility may provide alternative 21 parking spaces at alternative locations for persons who have 22 disabilities and provide appropriate signage directing persons 23 who have disabilities to the alternative parking spaces. The 24 facility may not reduce the required number or dimensions of 25 those spaces, nor may it unreasonably increase the length of 26 the accessible route from a parking space to the facility. 27 The removal of an architectural barrier must not create a 28 significant risk to the health or safety of a person who has a 29 disability or to that of others. 30 2. A facility that is making alterations under s. 31 553.507(2)(b) must comply with this section to the maximum 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 extent feasible. If compliance with parking location 2 requirements is not feasible, the a facility may provide 3 alternative parking spaces at alternative locations for 4 persons who have disabilities and provide appropriate signage 5 directing persons who have a disability to alternative parking 6 spaces. The facility may not reduce the required number or 7 dimensions of those spaces, nor may it unnecessarily increase 8 the length of the accessible route from a parking space to the 9 facility. The alteration must not create a significant risk 10 to the health or safety of a person who has a disability or to 11 that of others. 12 (6)(5) Each such parking space must be prominently 13 outlined with blue paint, and must be repainted when 14 necessary, to be clearly distinguishable as a parking space 15 designated for persons who have disabilities and must be 16 posted with a permanent above-grade sign of a color and design 17 approved by the Department of Transportation, bearing the 18 international symbol of accessibility meeting the requirements 19 of ADAAG s. 4.30.7 and the caption "PARKING BY DISABLED PERMIT 20 ONLY." Such sign erected after October 1, 1996, must indicate 21 the penalty for illegal use of the space. Any provision of 22 this section to the contrary notwithstanding, in a theme park 23 or an entertainment complex as defined in s. 509.013(9) in 24 which accessible parking is located in designated lots or 25 areas, the signage indicating the lot as reserved for 26 accessible parking may be located at the entrances to the lot 27 in lieu of a sign at each parking place. This subsection does 28 not relieve the owner of the responsibility of complying with 29 the signage requirements of ADAAG s. 4.30. 30 (7)(6) It is unlawful for any person to stop, stand, 31 or park a vehicle within any such specially designated and 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 marked parking space provided in accordance with this section, 2 unless the vehicle displays a disabled parking permit issued 3 under s. 316.1958 or s. 320.0848 or a license plate issued 4 under s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845, 5 and the vehicle is transporting the person to whom the 6 displayed permit is issued. The violation may not be dismissed 7 for failure of the markings on the parking space to comply 8 with this section if the space is in general compliance and is 9 clearly distinguishable as a designated space. 10 (a) Whenever a law enforcement officer, a parking 11 enforcement specialist, or the owner or lessee of the space 12 finds a vehicle in violation of this subsection, that officer, 13 owner, or lessor shall have the vehicle in violation removed 14 to any lawful parking space or facility or require the 15 operator or other person in charge of the vehicle immediately 16 to remove the unauthorized vehicle from the parking space. 17 Whenever any vehicle is removed under this section to a 18 storage lot, garage, or other safe parking space, the cost of 19 the removal and parking constitutes a lien against the 20 vehicle. 21 (b) The officer or specialist shall charge the 22 operator or other person in charge of the vehicle in violation 23 with a noncriminal traffic infraction, punishable as provided 24 in s. 316.008(4) or s. 318.18(6). 25 (c) All convictions for violations of this section 26 must be reported to the Department of Highway Safety and Motor 27 Vehicles by the clerk of the court. 28 (d) A law enforcement officer or a parking enforcement 29 specialist has the right to demand to be shown the person's 30 disabled parking permit and driver's license or state 31 identification card when investigating the possibility of a 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1385 220-155-97 1 violation of this section. If such a request is refused, the 2 person in charge of the vehicle may be issued a citation for a 3 violation of this section. 4 (8)(7) Any person who is chauffeuring a person who has 5 a disability is allowed, without need for a disabled parking 6 permit or a special license plate, to stand temporarily in any 7 such parking space, for the purpose of loading or unloading 8 the person who has a disability. A penalty may not be imposed 9 upon the driver for such temporary standing. 10 (9)(a)(8)(a) A vehicle that is transporting a person 11 who has a disability and that has been granted a permit under 12 s. 320.0848(1)(d) may be parked for a maximum of 30 minutes in 13 any parking space reserved for persons who have disabilities. 14 (b) Notwithstanding paragraph (a), a theme park or an 15 entertainment complex as defined in s. 509.013(9) which 16 provides parking in designated areas for persons who have 17 disabilities may allow any vehicle that is transporting a 18 person who has a disability to remain parked in a space 19 reserved for persons who have disabilities throughout the 20 period the theme park is open to the public for that day. 21 Section 9. This act shall take effect October 1, 1997. 22 23 ***************************************** 24 SENATE SUMMARY 25 Revises applicability of, exemptions from, and exceptions to the Florida Americans With Disabilities Accessibility 26 Implementation Act. (See bill for details.) 27 28 29 30 31 18