Senate Bill 0202

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    Florida Senate - 2000                                   SB 202

    By Senator Clary





    7-117A-00

  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         providing legislative intent to impose fees to

  6         defray the costs of issuing such permits;

  7         providing an effective date.

  8

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

10

11         Section 1.  Section 320.0848, Florida Statutes, is

12  amended to read:

13         320.0848  Persons who have disabilities; issuance of

14  disabled parking permits; temporary permits; permits for

15  certain providers of transportation services to persons who

16  have disabilities.--

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

18  Vehicles or its authorized agents shall, upon application and

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

20  period of up to 4 years, which period ends on the applicant's

21  birthday, to any person who has long-term mobility impairment,

22  or a temporary disabled parking permit not to exceed 1 year to

23  any person who has a temporary mobility impairment.

24         (b)1.  The person must be currently certified as being

25  legally blind or as having any of the following disabilities

26  that render him or her unable to walk 200 feet without

27  stopping to rest:

28         a.  Inability to walk without the use of or assistance

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

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

31  If the assistive device significantly restores the person's

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

  2  severe limitation, the person is not eligible for the

  3  exemption parking permit.

  4         b.  The need to permanently use a wheelchair.

  5         c.  Restriction by lung disease to the extent that the

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

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

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

  9  rest.

10         d.  Use of portable oxygen.

11         e.  Restriction by cardiac condition to the extent that

12  the person's functional limitations are classified in severity

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

14  American Heart Association.

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

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

17         2.  The certification of disability which is required

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

19  under chapter 458, chapter 459, or chapter 460, by a podiatric

20  physician licensed under chapter 461, by an optometrist

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

22  United States Department of Veterans Affairs or its

23  predecessor, or by a similarly licensed physician from another

24  state if the application is accompanied by documentation of

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

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

27  of this state's eligibility guidelines.

28         (c)  The certificate of disability must include, but

29  need not be limited to:

30         1.  The disability of the applicant; the certifying

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

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

  2  for falsification by either the certifying physician or the

  3  applicant; the duration of the condition that entitles the

  4  person to the permit; and justification for the additional

  5  placard pursuant to subsection (2).

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

  7  permit may be issued only for a medical necessity that

  8  severely affects mobility."

  9         3.  The signatures of:

10         a.  The applicant's physician;

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

12  guardian; and

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

14  which employee is processing the application.

15         (d)  Beginning April 1, 1999, the Department of Highway

16  Safety and Motor Vehicles shall renew the disabled parking

17  permit of any person certified as permanently disabled on the

18  application.

19         (e)  The Department of Highway Safety and Motor

20  Vehicles shall, in consultation with the Commission for the

21  Transportation Disadvantaged, adopt rules, in accordance with

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

23  any organization that can adequately demonstrate a bona fide

24  need for such a permit because the organization provides

25  regular transportation services to persons who have

26  disabilities and are certified as provided in this subsection.

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

28  MOBILITY PROBLEMS.--

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

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

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

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  1  have the international symbol of accessibility in a

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

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

  4  number or state identification card number along with a

  5  warning that the applicant must have such identification at

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

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

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

  9  Validation stickers must be of the size specified by the

10  Department of Highway Safety and Motor Vehicles and must be

11  affixed to the disabled parking permits. The disabled parking

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

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

14  320.0843, and 320.0845 are valid for the same parking

15  privileges and other privileges provided under ss. 316.1955,

16  316.1964, and 526.141(5)(a).

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

18  for a disabled parking permit shall be:

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

20  renewal permit, of which the State Transportation Trust Fund

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

22  which the fee was collected shall receive $1.50.p> b.  One

23  dollar for each additional or additional renewal 4-year

24  permit, of which the State Transportation Trust Fund shall

25  receive all funds collected.

26         b.  One dollar for each additional or additional

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

28  Fund shall receive all funds collected.

29

30  The department shall not issue an additional disabled parking

31  permit unless the applicant states that they are a frequent

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

  2  any one eligible applicant more than two disabled parking

  3  permits except to an organization in accordance with paragraph

  4  (1)(e). Subsections (1), (5), (6), and (7) apply to this

  5  subsection.

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

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

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

  9  United States Department of Veterans Affairs or its

10  predecessor to have a service-connected disability rating for

11  compensation of 50 percent or greater or has been determined

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

13  greater and is in receipt of both disability retirement pay

14  from the United States Department of Veterans Affairs and has

15  a signed physician's statement of qualification for the

16  disabled parking permits, the fee for a disabled parking

17  permit shall be:

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

19  permit or renewal permit.

20         b.  One dollar for each additional or additional

21  renewal 4-year permit.

22

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

24  shall retain all funds received pursuant to this subparagraph.

25         3.  If an applicant presents to the department a

26  statement from the Federal Government or the State of Florida

27  indicating the applicant is a recipient of supplemental

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

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

30  which the State Transportation Trust Fund shall receive $6.75

31

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

  2  collected shall receive $2.25.

  3         (c)(d)  To obtain a replacement for a disabled parking

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

  5  application on a form prescribed by the department and must

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

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

  8  application a police report documenting that the permit was

  9  stolen, there is no replacement fee.

10         (d)(e)  A person who qualifies for a disabled parking

11  permit under this section may be issued an international

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

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

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

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

16  parking permit.

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

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

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

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

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

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

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

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

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

26  temporary disabled parking permit placard must be designed to

27  conspicuously display the expiration date of the permit on the

28  front and back of the placard.

29         (b)  The department shall issue the temporary disabled

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

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

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

  2  $15.

  3         (4)  From the proceeds of the temporary disabled

  4  parking permit fees:

  5         (a)  The Department of Highway Safety and Motor

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

  7  deposited into the Highway Safety Operating Trust Fund and

  8  used for implementing the real-time disabled parking permit

  9  database and for administering the disabled parking permit

10  program.

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

12  $2.50 for each temporary permit.

13         (c)  The remainder must be distributed monthly as

14  follows:

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

16  Employment of Disabled Citizens for the purpose of improving

17  employment and training opportunities for persons who have

18  disabilities, with special emphasis on removing transportation

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

20  Transportation Disadvantaged Trust Fund for transfer to the

21  Florida Governor's Alliance for Employment of Disabled

22  Citizens.

23         2.  To the Transportation Disadvantaged Trust Fund to

24  be used for funding matching grants to counties for the

25  purpose of improving transportation of persons who have

26  disabilities, $5.

27         (5)  The applications for disabled parking permits and

28  temporary disabled parking permits are official state

29  documents. The following statement must appear on each

30  application form immediately below the physician's signature

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

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  1  providing false information on this application is a

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

  3  775.082, Florida Statutes, or s. 775.083, Florida Statutes.

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

  5  both."

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

  7  misleading statement in an application or certification under

  8  this section commits a misdemeanor of the first degree,

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

10         (7)  Any person who fraudulently obtains or unlawfully

11  displays a disabled parking permit that belongs to another

12  person while occupying a disabled parking space or an access

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

14  is not being transported in the vehicle or who uses an

15  unauthorized replica of such a disabled parking permit with

16  the intent to deceive is guilty of a misdemeanor of the second

17  degree, punishable as provided in s. 775.082 or s. 775.083.

18         (8)  A law enforcement officer may confiscate the

19  disabled parking permit from any person who fraudulently

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

21  officer may confiscate any disabled parking permit that is

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

23  not display a personal identification number.

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

25  confiscated permit must be submitted to the Department of

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

27  permit has been confiscated must be noted on the

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

29  person have been confiscated, the Department of Highway Safety

30  and Motor Vehicles shall refer the information to the Florida

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  1  Abuse Hotline for an investigation of potential abuse,

  2  neglect, or exploitation of the permit owner.

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

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

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

  6  contendere has been entered, the charging agency shall destroy

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

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

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

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

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

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

13  that the permit has been invalidated.

14         (9)  A violation of this section is grounds for

15  disciplinary action under s. 458.331, s. 459.015, s. 460.413,

16  or s. 461.013, as applicable.

17         (10)  The Department of Highway Safety and Motor

18  Vehicles shall adopt rules to administer this section.

19         Section 2.  It is the intent of the Legislature to

20  provide for fees from which the revenues must be used to

21  defray the costs of providing parking permits to persons who

22  have a permanent disability and to certain services that

23  provide transportation to persons who have disabilities.

24         Section 3.  This act shall take effect July 1, 2000.

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26            *****************************************

27                          SENATE SUMMARY

28    Deletes fees for issuing certain parking permits to
      persons who have permanent disabilities or to certain
29    providers of transportation services to persons who have
      disabilities. Declares legislative intent to impose fees
30    to defray the costs of issuing such parking permits.

31

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