House Bill 3679

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    Florida House of Representatives - 1998                HB 3679

        By Representative Melvin






  1                      A bill to be entitled

  2         An act relating to parking permits for the

  3         disabled; amending s. 320.0848, F.S.;

  4         specifying persons eligible for such permits;

  5         providing an effective date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Subsection (1) of section 320.0848, Florida

10  Statutes, is amended to read:

11         320.0848  Persons who have disabilities; issuance of

12  disabled parking permits; temporary permits; permits for

13  certain providers of transportation services to persons who

14  have disabilities.--

15         (1)(a)  The Department of Highway Safety and Motor

16  Vehicles or its authorized agents shall, upon application and

17  receipt of the fee, issue a disabled parking permit for a

18  period of up to 4 years that ends on the applicant's birthday

19  to any person who has long-term mobility problems, or a

20  temporary disabled parking permit not to exceed 1 year to any

21  person who has temporary mobility problems.

22         (b)  The person must be currently certified by a

23  physician licensed under chapter 458, chapter 459, or chapter

24  460, or by a podiatrist licensed under chapter 461, by the

25  Division of Blind Services of the Department of Labor and

26  Employment Security, or by the Adjudication Office of the

27  United States Department of Veterans Affairs or its

28  predecessor as being legally blind or as having any of the

29  following disabilities that limit or impair his or her ability

30  to walk:

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    Florida House of Representatives - 1998                HB 3679

    556-157-98






  1         1.  Inability to walk 200 feet without stopping to

  2  rest.

  3         2.  Inability to walk without the use of or assistance

  4  from a brace, cane, crutch, prosthetic device, or other

  5  assistive device, or without the assistance of another person.

  6  If the assistive device significantly restores the person's

  7  ability to walk to the extent that the person can walk without

  8  severe limitation, the person is not eligible for the

  9  exemption parking permit.

10         3.  The need to permanently use a wheelchair.

11         4.  Restriction by lung disease to the extent that the

12  person's forced (respiratory) expiratory volume for 1 second,

13  when measured by spirometry, is less than 1 liter, or the

14  person's arterial oxygen is less than 60 mm/hg on room air at

15  rest.

16         5.  Use of portable oxygen.

17         6.  Restriction by cardiac condition to the extent that

18  the person's functional limitations are classified in severity

19  as Class III or Class IV according to standards set by the

20  American Heart Association.

21         7.  Severe limitation in the person's ability to walk

22  due to an arthritic, neurological, or orthopedic condition.

23         (c)  The applicant's disability must be certified by:

24         1.  A physician licensed under chapter 458, an

25  osteopathic physician licensed under chapter 459, a

26  chiropractor licensed under chapter 460, or a podiatrist

27  licensed under chapter 461, or such professional licensed in

28  another state, if evidence of licensure is provided with the

29  application;

30         2.  The Division of Blind Services of the Department of

31  Labor and Employment Security; or

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    Florida House of Representatives - 1998                HB 3679

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  1         3.  The Adjudication Office of the United States

  2  Department of Veterans' Affairs or its predecessor.

  3         (d)(b)  The certificate of disability must include, but

  4  need not be limited to:

  5         1.  The disability of the applicant; the certifying

  6  physician's name and address; the physician's certification

  7  number; the eligibility criteria for the permit; the penalty

  8  for falsification by either the certifying physician or the

  9  applicant; the duration of the condition that entitles the

10  person to the permit; and justification for the additional

11  placard pursuant to subsection (2).

12         2.  The statement, in bold letters: "A disabled parking

13  permit may be issued only for a medical necessity that

14  severely affects mobility."

15         3.  The signatures of:

16         a.  The applicant's physician;

17         b.  The applicant or the applicant's parent or

18  guardian; and

19         c.  The employee of the department's authorized agent

20  which employee is processing the application.

21         (e)(c)  The Department of Highway Safety and Motor

22  Vehicles shall renew the disabled parking permit of any person

23  who has been previously certified under a disability upon

24  presentation of the certification required by paragraph (b).

25         (f)(d)  The Department of Highway Safety and Motor

26  Vehicles shall, in consultation with the Commission for the

27  Transportation Disadvantaged, adopt rules, in accordance with

28  chapter 120, for the issuance of a disabled parking permit to

29  any organization that can adequately demonstrate a bona fide

30  need for such a permit because the organization provides

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    Florida House of Representatives - 1998                HB 3679

    556-157-98






  1  regular transportation services to persons who have

  2  disabilities and are certified as provided in paragraph (a).

  3         Section 2.  This act shall take effect July 1, 1998.

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  6                          SENATE SUMMARY

  7    Revises provisions relating to the issuance of disabled
      parking permits.
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