House Bill 1653

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    Florida House of Representatives - 2000                HB 1653

        By Representative Futch






  1                      A bill to be entitled

  2         An act relating to disabled parking permits;

  3         amending s. 320.0848, F.S.; eliminating fees

  4         imposed on applicants for certain permits;

  5         increasing certain fees; providing an effective

  6         date.

  7

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

  9

10         Section 1.  Subsections (2), (3), (4), and (8) of

11  section 320.0848, Florida Statutes, are amended to read:

12         320.0848  Persons who have disabilities; issuance of

13  disabled parking permits; temporary permits; permits for

14  certain providers of transportation services to persons who

15  have disabilities.--

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

17  MOBILITY PROBLEMS.--

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

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

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

21  have the international symbol of accessibility in a

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

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

24  number or state identification card number along with a

25  warning that the applicant must have such identification at

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

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

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

29  Validation stickers must be of the size specified by the

30  Department of Highway Safety and Motor Vehicles and must be

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    Florida House of Representatives - 2000                HB 1653

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  1  affixed to the disabled parking permits. The disabled parking

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

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

  4  320.0843, and 320.0845 are valid for the same parking

  5  privileges and other privileges provided under ss. 316.1955,

  6  316.1964, and 526.141(5)(a).

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

  8  for a disabled parking permit shall be:

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

10  renewal permit, of which the State Transportation Trust Fund

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

12  which the fee was collected shall receive $1.50.

13         b.  One dollar for each additional or additional

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

15  Fund shall receive all funds collected.

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17  The department shall not issue an additional disabled parking

18  permit unless the applicant states that he or she is they are

19  a frequent traveler or a quadriplegic. The department may not

20  issue to any one eligible applicant more than two disabled

21  parking permits except to an organization in accordance with

22  paragraph (1)(e). Subsections (1), (5), (6), and (7) apply to

23  this subsection.

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

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

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

27  United States Department of Veterans Affairs or its

28  predecessor to have a service-connected disability rating for

29  compensation of 50 percent or greater or has been determined

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

31  greater and is in receipt of both disability retirement pay

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    Florida House of Representatives - 2000                HB 1653

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  1  from the United States Department of Veterans Affairs, he or

  2  she must still provide and has a signed physician's statement

  3  of qualification for the disabled parking permits, the fee for

  4  a disabled parking permit shall be:

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

  6  permit or renewal permit.

  7         b.  One dollar for each additional or additional

  8  renewal 4-year permit.

  9

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

11  shall retain all funds received pursuant to this subparagraph.

12         3.  If an applicant presents to the department a

13  statement from the Federal Government or the State of Florida

14  indicating the applicant is a recipient of supplemental

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

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

17  which the State Transportation Trust Fund shall receive $6.75

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

19  collected shall receive $2.25.

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

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

22  application on a form prescribed by the department and must

23  pay a replacement fee in the amount of $1.00, to be retained

24  by the issuing agency. If the person submits with the

25  application a police report documenting that the permit was

26  stolen, there is no replacement fee.

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

28  permit under this section may be issued an international

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

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

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

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    Florida House of Representatives - 2000                HB 1653

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

  2  parking permit.

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

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

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

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

  7  expiration in large print and with color coding, but is

  8  identical to the long-term disabled parking permit placard in

  9  all other respects, including, but not limited to, the

10  inclusion of a state identification card number or driver's

11  license number on one side of the temporary permit. The

12  temporary disabled parking permit placard must be designed to

13  conspicuously display the expiration date of the permit on the

14  front and back of the placard.

15         (b)  The department shall issue the temporary disabled

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

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

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

19  $17.50 $15.

20         (4)  From the proceeds of the temporary disabled

21  parking permit fees:

22         (a)  The Department of Highway Safety and Motor

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

24  deposited into the Highway Safety Operating Trust Fund and

25  used for implementing the real-time disabled parking permit

26  database and for administering the disabled parking permit

27  program.

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

29  $5.00 $2.50 for each temporary permit.

30         (c)  The remainder must be distributed monthly as

31  follows:

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    Florida House of Representatives - 2000                HB 1653

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

  2  Employment of Disabled Citizens for the purpose of improving

  3  employment and training opportunities for persons who have

  4  disabilities, with special emphasis on removing transportation

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

  6  Transportation Disadvantaged Trust Fund for transfer to the

  7  Florida Governor's Alliance for Employment of Disabled

  8  Citizens.

  9         2.  To the Transportation Disadvantaged Trust Fund to

10  be used for funding matching grants to counties for the

11  purpose of improving transportation of persons who have

12  disabilities, $5.

13         (8)  A law enforcement officer may confiscate the

14  disabled parking permit from any person who fraudulently

15  obtains or unlawfully uses such a permit.  A law enforcement

16  officer may confiscate any disabled parking permit that is

17  expired, reported as lost or stolen, or defaced, or that does

18  not display a personal identification number.

19         (a)  Beginning April 1, 1999, The permit number of each

20  confiscated permit must be submitted to the Department of

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

22  permit has been confiscated must be noted on the

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

24  person have been confiscated, the Department of Highway Safety

25  and Motor Vehicles shall refer the information to the Florida

26  Abuse Hotline for an investigation of potential abuse,

27  neglect, or exploitation of the permit owner.

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

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

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

31  contendere has been entered, the charging agency shall destroy

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    Florida House of Representatives - 2000                HB 1653

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

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

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

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

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

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

  7  that the permit has been invalidated.

  8         Section 2.  This act shall take effect July 1, 2000.

  9

10            *****************************************

11                          HOUSE SUMMARY

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      Eliminates fees for disabled parking permits for
13    described persons with long-time mobility problems.
      Increases the fee for temporary disabled parking permits
14    and the fee the tax collector receives for processing
      applications for permits. See bill for details.
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