House Bill 3983c1

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    Florida House of Representatives - 1998             CS/HB 3983

        By the Committee on Transportation and Representatives
    Jacobs, Morse, Fasano, Crist, Heyman, Bloom, Wise, Maygarden,
    Lippman, Futch, D. Prewitt, Casey, Rayson and Tobin




  1                      A bill to be entitled

  2         An act relating to the use of motor vehicles by

  3         persons who have disabilities; amending s.

  4         316.1955, F.S.; amending standards for

  5         accessible parking spaces and parking access

  6         aisles; providing violations; providing

  7         penalties; amending s. 316.1958, F.S.;

  8         providing that a special motor vehicle license

  9         plate or parking permit issued by another

10         state, district, or country is invalid with

11         respect to a person who must have a Florida

12         vehicle registration; amending s. 316.1964,

13         F.S.; amending circumstances in which vehicles

14         are exempt from paying parking fees and

15         penalties; amending s. 318.18, F.S.; increasing

16         the amount of the fine for illegally parking in

17         a parking space for disabled persons; amending

18         procedures for dismissing such fines and for

19         distributing the proceeds of such fines;

20         amending s. 320.0842, F.S.; amending

21         prerequisites to qualifying for a free license

22         plate as a veteran who uses a wheelchair due to

23         a service-connected disability; amending s.

24         320.0843, F.S.; amending provisions related to

25         license plates for wheelchair users; amending

26         s. 320.0848, F.S.; amending provisions relating

27         to the issuance of disabled parking permits;

28         amending prerequisites; providing for

29         replacement permits; providing for

30         alternatives; amending requirements for the

31         design of temporary permits; providing

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  1         penalties for unlawfully displaying a disabled

  2         parking permit; providing additional grounds

  3         for confiscation of a disabled parking permit;

  4         providing for recordkeeping related to

  5         confiscation; providing for revoking the

  6         privilege of applying for a disabled parking

  7         permit; providing procedures related to

  8         confiscations and revocations; providing an

  9         effective date.

10

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

12

13         Section 1.  Subsections (4), (5), (6), and (7) of

14  section 316.1955, Florida Statutes, are amended, present

15  subsections (8) and (9) of that section are renumbered as

16  subsections (9) and (10), respectively, and a new subsection

17  (8) is added to that section, to read:

18         316.1955  Parking spaces for persons who have

19  disabilities.--

20         (4)  The number of accessible parking spaces must

21  comply with the parking requirements in ADAAG s. 4.1 and the

22  following:

23         (a)  There must be one accessible parking space in the

24  immediate vicinity of a publicly owned or leased building that

25  houses a governmental entity or a political subdivision,

26  including, but not limited to, state office buildings and

27  courthouses, if no parking for the public is provided on the

28  premises of the building.;

29         (b)  There must be one accessible parking space for

30  each 150 metered onstreet parking spaces provided by state

31  agencies and political subdivisions.;

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  1         (c)  The number of parking spaces for persons who have

  2  disabilities must be increased on the basis of demonstrated

  3  and documented need.

  4         (5)  Accessible perpendicular and diagonal accessible

  5  parking spaces and loading zones must be designed and located

  6  in conformance with the guidelines set forth in ADAAG ss.

  7  4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking

  8  Design."

  9         (a)  All spaces must be located on an accessible route

10  no less than 44 inches wide so that users will not be

11  compelled to walk or wheel behind parked vehicles.

12         (b)  Each space must be located on the shortest safely

13  accessible route from the parking space to an accessible

14  entrance. If there are multiple entrances or multiple retail

15  stores, the parking spaces must be dispersed to provide

16  parking at the nearest accessible entrance.  If a theme park

17  or an entertainment complex as defined in s. 509.013(9)

18  provides parking in several lots or areas from which access to

19  the theme park or entertainment complex is provided, a single

20  lot or area may be designated for parking by persons who have

21  disabilities, if the lot or area is located on the shortest

22  safely accessible route to an accessible entrance to the theme

23  park or entertainment complex or to transportation to such an

24  accessible entrance.

25         (c)1.  Each parking space must be no less than 12 feet

26  wide.  Parking access aisles must be no less than 5 feet wide

27  and must be part of an accessible route to the building or

28  facility entrance. In accordance with ADAAG 4.6.3, access

29  aisles must be placed adjacent to accessible parking spaces;

30  however, The parking access aisles are reserved for the use of

31  persons who have disabled parking permits, and violators are

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  1  subject to the same penalties that are imposed for illegally

  2  parking in parking spaces that are designated for persons who

  3  have disabilities. two accessible parking spaces may share a

  4  common access aisle. The access aisle must be striped

  5  diagonally to designate it as a no-parking zone.

  6         2.  The parking access aisles are reserved for the

  7  temporary exclusive use of persons who have disabled parking

  8  permits and who require extra space to deploy a mobility

  9  device, lift, or ramp in order to exit from or enter a

10  vehicle. Parking is not allowed in an access aisle. Violators

11  are subject to the same penalties that are imposed for

12  illegally parking in parking spaces that are designated for

13  persons who have disabilities. A vehicle may not be parked in

14  an access aisle, even if the vehicle owner or passenger is

15  disabled or owns a disabled parking permit.

16         3.  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, may, in lieu of the required

22  parking space design, provide parking spaces that comply with

23  ss. 4.1 and 4.6 of the Americans with Disabilities Act

24  Accessibility Guidelines.

25         (d)  On-street parallel parking spaces must be located

26  either at the beginning or end of a block or adjacent to alley

27  entrances. Such spaces must be designed in conformance with

28  the guidelines set forth in ADAAG ss. 4.6.2 through 4.6.5.

29  exception:  access aisles are not required. Curbs adjacent to

30  such spaces must be of a height that will not interfere with

31  the opening and closing of motor vehicle doors. This

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  1  subsection does not relieve the owner of the responsibility to

  2  comply with the parking requirements of ADAAG ss. 4.1 and 4.6.

  3         (e)  Parallel parking spaces must be even with surface

  4  slopes, may match the grade of the adjacent travel lane, and

  5  must not exceed a cross slope of 1 to 50, where feasible.

  6         (f)  Curb ramps must be located outside of the disabled

  7  parking spaces and access aisles.

  8         (g)1.  The removal of architectural barriers from a

  9  parking facility in accordance with 28 C.F.R. s. 36.304 or

10  with s. 553.508 must comply with this section unless

11  compliance would cause the barrier removal not to be readily

12  achievable.  If compliance would cause the barrier removal not

13  to be readily achievable, a facility may provide parking

14  spaces at alternative locations for persons who have

15  disabilities and provide appropriate signage directing persons

16  who have disabilities to the alternative parking if readily

17  achievable.  The facility may not reduce the required number

18  or dimensions of those spaces, nor may it unreasonably

19  increase the length of the accessible route from a parking

20  space to the facility.  The removal of an architectural

21  barrier must not create a significant risk to the health or

22  safety of a person who has a disability or to that of others.

23         2.  A facility that is making alterations under s.

24  553.507(2)(b) must comply with this section to the maximum

25  extent feasible.  If compliance with parking location

26  requirements is not feasible, the facility may provide parking

27  spaces at alternative locations for persons who have

28  disabilities and provide appropriate signage directing persons

29  who have a disability to alternative parking.  The facility

30  may not reduce the required number or dimensions of those

31  spaces, nor may it unnecessarily increase the length of the

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  1  accessible route from a parking space to the facility.  The

  2  alteration must not create a significant risk to the health or

  3  safety of a person who has a disability or to that of others.

  4         (6)  Each such parking space must be prominently

  5  outlined with blue paint, and must be repainted when

  6  necessary, to be clearly distinguishable as a parking space

  7  designated for persons who have disabilities and must be

  8  posted with a permanent above-grade sign of a color and design

  9  approved by the Department of Transportation, which is placed

10  on or at a distance of 84 inches above the ground to the

11  bottom of the sign and which bears bearing the international

12  symbol of accessibility meeting the requirements of ADAAG s.

13  4.30.7 and the caption "PARKING BY DISABLED PERMIT ONLY." Such

14  a sign erected after October 1, 1996, must indicate the

15  penalty for illegal use of the space. Any provision of this

16  section to the contrary notwithstanding, in a theme park or an

17  entertainment complex as defined in s. 509.013(9) in which

18  accessible parking is located in designated lots or areas, the

19  signage indicating the lot as reserved for accessible parking

20  may be located at the entrances to the lot in lieu of a sign

21  at each parking place. This subsection does not relieve the

22  owner of the responsibility of complying with the signage

23  requirements of ADAAG s. 4.30.

24         (7)  It is unlawful for any person to stop, stand, or

25  park a vehicle within, or to obstruct, any such specially

26  designated and marked parking space provided in accordance

27  with this section, unless the vehicle displays a disabled

28  parking permit issued under s. 316.1958 or s. 320.0848 or a

29  license plate issued under s. 320.084, s. 320.0842, s.

30  320.0843, or s. 320.0845, and the vehicle is transporting the

31  person to whom the displayed permit is issued. The violation

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  1  may not be dismissed for lack of proper signage or for failure

  2  of the markings on the parking space to comply with this

  3  section if the space is in general compliance and is clearly

  4  distinguishable as a designated accessible parking space for

  5  people who have disabilities.

  6         (a)  Whenever a law enforcement officer, a parking

  7  enforcement specialist, or the owner or lessee of the space

  8  finds a vehicle in violation of this subsection, that officer,

  9  owner, or lessor shall have the vehicle in violation removed

10  to any lawful parking space or facility or require the

11  operator or other person in charge of the vehicle immediately

12  to remove the unauthorized vehicle from the parking space.

13  Whenever any vehicle is removed under this section to a

14  storage lot, garage, or other safe parking space, the cost of

15  the removal and parking constitutes a lien against the

16  vehicle.

17         (b)  The officer or specialist shall charge the

18  operator or other person in charge of the vehicle in violation

19  with a noncriminal traffic infraction, punishable as provided

20  in s. 316.008(4) or s. 318.18(6).

21         (c)  All convictions for violations of this section

22  must be reported to the Department of Highway Safety and Motor

23  Vehicles by the clerk of the court.

24         (d)  A law enforcement officer or a parking enforcement

25  specialist has the right to demand to be shown the person's

26  disabled parking permit and driver's license or state

27  identification card when investigating the possibility of a

28  violation of this section.  If such a request is refused, the

29  person in charge of the vehicle may be charged with resisting

30  an officer without violence, as provided in s. 843.02 may be

31  issued a citation for a violation of this section.

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  1         (8)  It is unlawful for any person to obstruct the path

  2  of travel to an accessible parking space, curb cut, or access

  3  aisle by standing or parking a vehicle within any such

  4  designated area. The violator is subject to the same penalties

  5  as are imposed for illegally parking in a space that is

  6  designated as an accessible parking space for persons who have

  7  disabilities.

  8         Section 2.  Section 316.1958, Florida Statutes, is

  9  amended to read:

10         316.1958  Out-of-state vehicles bearing identification

11  of issuance to persons who have disabilities.--Motor vehicles

12  displaying a special license plate or parking permit issued to

13  a person who has a disability by any other state or district

14  subject to the laws of the United States or by a foreign

15  country that issues disabled parking permits that display the

16  international symbol of accessibility are recognized as

17  displaying a valid license plate or permit, that allows such a

18  vehicle special parking privileges under s. 316.1955, if the

19  other state or district grants reciprocal recognition for

20  residents of this state who have disabilities. However, when

21  an individual is required by law to have a Florida driver's

22  license or a Florida vehicle registration, a special motor

23  vehicle license plate or parking permit issued by another

24  state, district, or country to persons who have disabilities

25  is not valid and the individual whose vehicle displays such an

26  invalid plate or permit is subject to the same penalty as an

27  individual whose vehicle does not display a valid plate or

28  permit.

29         Section 3.  Subsections (5) and (8) of section

30  316.1964, Florida Statutes, are amended to read:

31

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  1         316.1964  Exemption of vehicles transporting certain

  2  persons who have disabilities from payment of parking fees and

  3  penalties.--

  4         (5)  Notwithstanding subsection (1), when an on-street

  5  a parking meter restricts the duration of time that a vehicle

  6  may be parked, a vehicle properly displaying a disabled

  7  parking permit is allowed a  maximum of 4 hours at no charge;

  8  however, local governments may extend such time by local

  9  ordinance.

10         (8)  Notwithstanding subsection (1), a county,

11  municipality, or any agency thereof may charge for parking in

12  a facility or lot that provides timed parking spaces any space

13  a vehicle that displays a disabled parking permit, except that

14  any vehicle with specialized equipment, such as ramps, lifts,

15  or foot or hand controls, for use by a person who has a

16  disability, or any vehicle that is displaying the Florida Toll

17  Exemption permit, is exempt from any parking fees.

18         Section 4.  Subsection (6) of section 318.18, Florida

19  Statutes, is amended to read:

20         318.18  Amount of civil penalties.--The penalties

21  required for a noncriminal disposition pursuant to s. 318.14

22  are as follows:

23         (6)  Two hundred fifty One hundred dollars for

24  illegally parking, under s. 316.1955, in a parking space

25  provided for people who have disabilities. However, this fine

26  will be waived if a person provides to the law enforcement

27  agency that issued the citation for such a violation proof

28  disabled persons under s. 316.1955 or s. 316.1956 or provide

29  proof to the clerk of the circuit court that the person

30  committing the violation has a valid parking permit or license

31  plate issued pursuant to s. 316.1958, s. 320.0842, s.

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  1  320.0843, s. 320.0845, or s. 320.0848 or and a signed

  2  affidavit that the owner of the disabled parking permit or

  3  license plate was present at the time the violation occurred,

  4  and that such a parking permit or license plate was valid at

  5  the time the violation occurred. The law enforcement officer,

  6  upon determining that all required documentation has been

  7  submitted verifying that the required parking permit or

  8  license plate was valid at the time of the violation, must

  9  sign an affidavit of compliance. Upon provision of the

10  affidavit of compliance proof of such a valid parking permit

11  or license plate and payment of a $5 dismissal fee to the

12  clerk of the circuit court, the clerk shall dismiss the

13  citation.

14         Section 5.  Subsection (2) of section 320.0842, Florida

15  Statutes, is amended to read:

16         320.0842  Free motor vehicle license plates to veterans

17  who use wheelchairs.--

18         (2)  In order to be eligible for the motor vehicle

19  license plate described in subsection (1), a person must

20  comply with the following provisions:

21         (a)  The veteran must be eligible for the license plate

22  issued under s. 320.084 and must apply for the license plate

23  issued under this section in lieu of or in exchange for the

24  motor vehicle license number plate authorized by s. 320.084;

25  and

26         (b)  The veteran must offer, in addition to the proof

27  required by s. 320.084(1), proof that due to a

28  service-connected disability he or she permanently uses a

29  wheelchair or proof, in the form of an application that

30  conforms to the requirements set forth in s. 320.0848, that he

31  or she qualifies for a disabled parking permit under that

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  1  section. The license plate entitles the person to all

  2  privileges afforded by a parking permit issued under s.

  3  320.0848.

  4         Section 6.  Section 320.0843, Florida Statutes, is

  5  amended to read:

  6         320.0843  License plates for persons with disabilities

  7  eligible for permanent disabled parking permits wheelchair

  8  users.--

  9         (1)  Any owner or lessee of a motor vehicle who resides

10  in this state and qualifies for a disabled parking permit

11  under s. 320.0848 is permanently confined to a wheelchair,

12  upon application to the department accompanied by competent

13  and appropriate proof of disability, and upon payment of the

14  license tax for a motor vehicle registered under s. 320.08(2),

15  (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or (9)(c) or

16  (d), shall be issued a license plate as provided by s. 320.06

17  which, in lieu of the serial number prescribed by s. 320.06,

18  shall be stamped with the international wheelchair user symbol

19  after the serial number of the license plate.  The license

20  plate entitles the person to all privileges afforded by a

21  parking permit issued under s. 320.0848.

22         (2)  All applications for such license plates must

23  shall be made to the department.

24         Section 7.  Section 320.0848, Florida Statutes, is

25  amended to read:

26         320.0848  Persons who have disabilities; issuance of

27  disabled parking permits; temporary permits; permits for

28  certain providers of transportation services to persons who

29  have disabilities.--

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

31  Vehicles or its authorized agents shall, upon application and

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

  2  period of up to 4 years, which period that ends on the

  3  applicant's birthday, to any person who has long-term mobility

  4  impairment problems, or a temporary disabled parking permit

  5  not to exceed 1 year to any person who has a temporary

  6  mobility impairment problems.

  7         (b)1.  The person must be currently certified by a

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

  9  460, or by a podiatrist licensed under chapter 461, by the

10  Division of Blind Services of the Department of Labor and

11  Employment Security, or by the Adjudication Office of the

12  United States Department of Veterans Affairs or its

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

14  following disabilities that render him limit or impair his or

15  her unable ability to walk 200 feet without stopping to rest:

16         1.  Inability to walk 200 feet without stopping to

17  rest.

18         a.2.  Inability to walk without the use of or

19  assistance from a brace, cane, crutch, prosthetic device, or

20  other assistive device, or without the assistance of another

21  person.  If the assistive device significantly restores the

22  person's ability to walk to the extent that the person can

23  walk without severe limitation, the person is not eligible for

24  the exemption parking permit.

25         b.3.  The need to permanently use a wheelchair.

26         c.4.  Restriction by lung disease to the extent that

27  the person's forced (respiratory) expiratory volume for 1

28  second, when measured by spirometry, is less than 1 liter, or

29  the person's arterial oxygen is less than 60 mm/hg on room air

30  at rest.

31         d.5.  Use of portable oxygen.

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  1         e.6.  Restriction by cardiac condition to the extent

  2  that the person's functional limitations are classified in

  3  severity as Class III or Class IV according to standards set

  4  by the American Heart Association.

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

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

  7         2.  The certification of disability which is required

  8  under subparagraph 1. must be provided by a physician licensed

  9  under chapter 458, chapter 459, or chapter 460, by a

10  podiatrist licensed under chapter 461, by an optometrist

11  licensed under chapter 463, by the Adjudication Office of the

12  United States Department of Veterans Affairs or its

13  predecessor, or by a similarly licensed physician from another

14  state if the application is accompanied by documentation of

15  the physician's licensure in the other state and a form signed

16  by the out-of-state physician verifying his or her knowledge

17  of this state's eligibility guidelines.

18         (c)(b)  The certificate of disability must include, but

19  need not be limited to:

20         1.  The disability of the applicant; the certifying

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

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

23  for falsification by either the certifying physician or the

24  applicant; the duration of the condition that entitles the

25  person to the permit; and justification for the additional

26  placard pursuant to subsection (2).

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

28  permit may be issued only for a medical necessity that

29  severely affects mobility."

30         3.  The signatures of:

31         a.  The applicant's physician;

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

  2  guardian; and

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

  4  which employee is processing the application.

  5         (d)(c)  Beginning April 1, 1999, the Department of

  6  Highway Safety and Motor Vehicles shall renew the disabled

  7  parking permit of any person certified as permanently disabled

  8  on the application who has a disability upon presentation of

  9  the certification required by paragraph (b).

10         (e)(d)  The Department of Highway Safety and Motor

11  Vehicles shall, in consultation with the Commission for the

12  Transportation Disadvantaged, adopt rules, in accordance with

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

14  any organization that can adequately demonstrate a bona fide

15  need for such a permit because the organization provides

16  regular transportation services to persons who have

17  disabilities and are certified as provided in this subsection

18  paragraph (a).

19         (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM

20  MOBILITY PROBLEMS.--

21         (a)  The disabled parking permit is a placard that can

22  be placed in a motor vehicle so as to be visible from the

23  front and rear of the vehicle. Each side of the placard must

24  have the international symbol of accessibility in a

25  contrasting color in the center so as to be visible. One side

26  of the placard must display the applicant's driver's license

27  number or state identification card number along with a

28  warning that the applicant must have such identification at

29  all times while using the parking permit. A validation sticker

30  must also be issued with each disabled parking permit, showing

31  the month and year of expiration on each side of the placard.

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  1  Validation stickers must be of the size specified by the

  2  Department of Highway Safety and Motor Vehicles and must be

  3  affixed to the disabled parking permits. The disabled parking

  4  permits must use the same colors as license plate validations.

  5         (b)  License plates issued under ss. 320.084, 320.0842,

  6  320.0843, and 320.0845 are valid for the same parking

  7  privileges and other privileges provided under ss. 316.1955,

  8  316.1964, and 526.141(5)(a).

  9         (c)1.  Except as provided in subparagraph 2., the fee

10  for a disabled parking permit shall be:

11         a.  Fifteen dollars for each initial 4-year permit or

12  renewal permit, of which the State Transportation Trust Fund

13  shall receive $13.50 and the tax collector of the county in

14  which the fee was collected shall receive $1.50.

15         b.  One dollar for each additional or additional

16  renewal 4-year permit, of which the State Transportation Trust

17  Fund shall receive all funds collected.

18

19  The department shall not issue an additional disabled parking

20  permit unless the applicant states that they are a frequent

21  traveler or a quadriplegic. The department may not issue to

22  any one eligible applicant more than two disabled parking

23  permits except to an organization in accordance with paragraph

24  (1)(d). Subsections (1), (5), (6), and (7) apply to this

25  subsection.

26         2.  If an applicant who is a disabled veteran, is a

27  resident of this state, has been honorably discharged, and

28  either has been determined by the Department of Defense or the

29  United States Department of Veterans Affairs or its

30  predecessor to have a service-connected disability rating for

31  compensation of 50 percent or greater or has been determined

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  1  to have a service-connected disability rating of 50 percent or

  2  greater and is in receipt of both disability retirement pay

  3  from the United States Department of Veterans Affairs and has

  4  a signed physician's statement of qualification for the

  5  disabled parking permits, the fee for a disabled parking

  6  permit shall be:

  7         a.  One dollar and fifty cents for the initial 4-year

  8  permit or renewal permit.

  9         b.  One dollar for each additional or additional

10  renewal 4-year permit.

11

12  The tax collector of the county in which the fee was collected

13  shall retain all funds received pursuant to this subparagraph.

14         3.  If an applicant presents to the department a

15  statement from the Federal Government or the State of Florida

16  indicating the applicant is a recipient of supplemental

17  security income, the fee for the disabled parking permit shall

18  be $9 for the initial 4-year permit or renewal permit, of

19  which the State Transportation Trust Fund shall receive $6.75

20  and the tax collector of the county in which the fee was

21  collected shall receive $2.25.

22         (d)  To obtain a replacement for a disabled parking

23  permit that has been lost or stolen, a person must submit an

24  application on a form prescribed by the department and must

25  pay a replacement fee in the amount of $1, to be retained by

26  the issuing agency. If the person submits with the application

27  a police report documenting that the permit was stolen, there

28  is no replacement fee.

29         (e)  A person who qualifies for a disabled parking

30  permit under this section may be issued an international

31  wheelchair user symbol license plate under s. 320.0843 in lieu

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  1  of the disabled parking permit; or, if the person qualifies

  2  for a "DV" license plate under s. 320.084, such a license

  3  plate may be issued to him or her in lieu of a disabled

  4  parking permit.

  5         (3)  DISABLED PARKING PERMIT; TEMPORARY.--

  6         (a)  The temporary disabled parking permit is a placard

  7  of a different color from the color of the long-term disabled

  8  parking permit placard, and must clearly display the date of

  9  expiration in large print and with color coding, but is in all

10  other respects identical to the long-term disabled parking

11  permit placard in all other respects, including, but not

12  limited to, the inclusion of a state identification card

13  number or driver's license number on one side of the temporary

14  permit.  The temporary disabled parking permit placard must be

15  designed to conspicuously display the expiration date of the

16  permit on the front and back of the placard.

17         (b)  The department shall issue the temporary disabled

18  parking permit for the period of the disability as stated by

19  the certifying physician, but not to exceed 1 year.

20         (c)  The fee for a temporary disabled parking permit is

21  $15.

22         (4)  From the proceeds of the temporary disabled

23  parking permit fees:

24         (a)  The Department of Highway Safety and Motor

25  Vehicles must receive $3.50 for each temporary permit, to be

26  deposited into the Highway Safety Operating Trust Fund and

27  used for implementing the real-time disabled parking permit

28  database and for administering the disabled parking permit

29  program.

30         (b)  The tax collector, for processing, must receive

31  $2.50 for each temporary permit.

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  1         (c)  The remainder must be distributed monthly as

  2  follows:

  3         1.  To the Florida Governor's Alliance for the

  4  Employment of Disabled Citizens for the purpose of improving

  5  employment and training opportunities for persons who have

  6  disabilities, with special emphasis on removing transportation

  7  barriers, $4.  These fees must be deposited into the

  8  Transportation Disadvantaged Trust Fund for transfer to the

  9  Florida Governor's Alliance for Employment of Disabled

10  Citizens.

11         2.  To the Transportation Disadvantaged Trust Fund to

12  be used for funding matching grants to counties for the

13  purpose of improving transportation of persons who have

14  disabilities, $5.

15         (5)  The applications for disabled parking permits and

16  temporary disabled parking permits are official state

17  documents. The following statement must appear on each

18  application form immediately below the physician's signature

19  and immediately below the applicant's signature:  "Knowingly

20  providing false information on this application is a

21  misdemeanor of the first degree, punishable as provided in s.

22  775.082, Florida Statutes, or s. 775.083, Florida Statutes.

23  The penalty is up to 1 year in jail or a fine of $1,000, or

24  both."

25         (6)  Any person who knowingly makes a false or

26  misleading statement in an application or certification under

27  this section commits a misdemeanor of the first degree,

28  punishable as provided in s. 775.082 or s. 775.083.

29         (7)  Any person who fraudulently obtains or unlawfully

30  displays a disabled parking permit that belongs to another

31  person while occupying a disabled parking space or an access

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  1  aisle as defined in s. 316.1955 while the owner of the permit

  2  is not being transported in the vehicle uses such a disabled

  3  parking permit or who uses an unauthorized replica of such a

  4  disabled parking permit with the intent to deceive is guilty

  5  of a misdemeanor of the second degree, punishable as provided

  6  in s. 775.082 or s. 775.083.

  7         (8)  A law enforcement officer may confiscate the

  8  disabled parking permit from any person who fraudulently

  9  obtains or unlawfully and uses such a permit.  A law

10  enforcement officer may confiscate any disabled parking permit

11  that is expired, reported as lost or stolen, or defaced, or

12  that does not display a personal identification number.

13         (a)  Beginning April 1, 1999, the permit number of each

14  confiscated permit must be submitted to the Department of

15  Highway Safety and Motor Vehicles, and the fact that the

16  permit has been confiscated must be noted on the

17  permitholder's record. If two permits issued to the same

18  person have been confiscated, the Department of Highway Safety

19  and Motor Vehicles shall refer the information to the Florida

20  Abuse Hotline for an investigation of potential abuse,

21  neglect, or exploitation of the permit owner.

22         (b)  A confiscated permit must be held as evidence

23  until a judicial decision about the violation has been made.

24  After a finding of guilt has been made or a plea of nolo

25  contendere has been entered, the charging agency shall destroy

26  the confiscated permit. A confiscated permit may not, under

27  any circumstances, be returned to its registered owner after a

28  finding of guilt has been made or a plea of nolo contendere

29  has been entered in court. The permit number of each destroyed

30  permit must be reported to the department, and the department

31

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  1  must record in the real-time disabled parking permit database

  2  that the permit has been invalidated.

  3         Section 8.  Except as otherwise expressly provided in

  4  this act, this act shall take effect July 1, 1998.

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