CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 Representative(s) Cusack offered the following:
12
13 Amendment (with title amendment)
14 Remove everything after the enacting clause
15
16 and insert:
17 Section 1. Section 320.0848, Florida Statutes, is
18 renumbered as section 322.181, Florida Statutes, and amended
19 to read:
20 322.181 320.0848 Persons who have disabilities;
21 issuance of disabled parking permits; temporary permits;
22 permits for certain providers of transportation services to
23 persons who have disabilities.--
24 (1)(a) The Department of Highway Safety and Motor
25 Vehicles or its authorized agents shall, upon application and
26 receipt of the fee, issue a disabled parking permit for a
27 period of up to 4 years, which period ends on the applicant's
28 birthday, to any person who has long-term mobility impairment,
29 or a temporary disabled parking permit not to exceed 6 months
30 1 year to any person who has a temporary mobility impairment.
31 No person shall be required to pay a fee for a disabled
1
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 parking permit more than once in a 12-month period from the
2 date of the prior fee payment. The department must adopt rules
3 that require a picture of the applicant to appear on a parking
4 permit for a person with a long-term mobility impairment, upon
5 initial application or upon the next permit renewal.
6 (b)1. The person must be currently certified as being
7 legally blind or as having any of the following disabilities
8 that render him or her unable to walk 200 feet without
9 stopping to rest:
10 a. Inability to walk without the use of or assistance
11 from a brace, cane, crutch, prosthetic device, or other
12 assistive device, or without the assistance of another person.
13 If the assistive device significantly restores the person's
14 ability to walk to the extent that the person can walk without
15 severe limitation, the person is not eligible for the
16 exemption parking permit.
17 b. The need to permanently use a wheelchair.
18 c. Restriction by lung disease to the extent that the
19 person's forced (respiratory) expiratory volume for 1 second,
20 when measured by spirometry, is less than 1 liter, or the
21 person's arterial oxygen is less than 60 mm/hg on room air at
22 rest.
23 d. Use of portable oxygen.
24 e. Restriction by cardiac condition to the extent that
25 the person's functional limitations are classified in severity
26 as Class III or Class IV according to standards set by the
27 American Heart Association.
28 f. Severe limitation in the person's ability to walk
29 due to an arthritic, neurological, or orthopedic condition.
30 2. The certification of disability which is required
31 under subparagraph 1. must be provided by a physician licensed
2
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 under chapter 458, chapter 459, or chapter 460, by a podiatric
2 physician licensed under chapter 461, by an optometrist
3 licensed under chapter 463, by the Adjudication Office of the
4 United States Department of Veterans Affairs or its
5 predecessor, or by a similarly licensed physician from another
6 state if the application is accompanied by documentation of
7 the physician's licensure in the other state and a form signed
8 by the out-of-state physician verifying his or her knowledge
9 of this state's eligibility guidelines.
10 (c) The certificate of disability must include, but
11 need not be limited to:
12 1. The disability of the applicant; the certifying
13 physician's name and address; the physician's certification
14 number; the eligibility criteria for the permit; the penalty
15 for falsification by either the certifying physician or the
16 applicant; the duration of the condition that entitles the
17 person to the permit; and justification for the additional
18 placard pursuant to subsection (2).
19 2. The statement, in bold letters: "A disabled parking
20 permit may be issued only for a medical necessity that
21 severely affects mobility."
22 3. The signatures of:
23 a. The applicant's physician;
24 b. The applicant or the applicant's parent or
25 guardian; and
26 c. The employee of the department's authorized agent
27 which employee is processing the application.
28 (d) Beginning April 1, 1999, the Department of Highway
29 Safety and Motor Vehicles shall renew the disabled parking
30 permit of any person certified as permanently disabled on the
31 application.
3
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 (e) The Department of Highway Safety and Motor
2 Vehicles shall, in consultation with the Commission for the
3 Transportation Disadvantaged, adopt rules, in accordance with
4 chapter 120, for the issuance of a disabled parking permit to
5 any organization that can adequately demonstrate a bona fide
6 need for such a permit because the organization provides
7 regular transportation services to persons who have
8 disabilities and are certified as provided in this subsection.
9 (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
10 MOBILITY PROBLEMS.--
11 (a) The disabled parking permit is a placard that can
12 be placed in a motor vehicle so as to be visible from the
13 front and rear of the vehicle. Each side of the placard must
14 have the international symbol of accessibility in a
15 contrasting color in the center so as to be visible. One side
16 of the placard must display the applicant's driver's license
17 number or state identification card number and a photograph of
18 the applicant along with a warning that the applicant must
19 have such identification at all times while using the parking
20 permit. A validation sticker must also be issued with each
21 disabled parking permit, showing the month and year of
22 expiration on each side of the placard. Validation stickers
23 must be of the size specified by the Department of Highway
24 Safety and Motor Vehicles and must be affixed to the disabled
25 parking permits. The disabled parking permits must use the
26 same colors as license plate validations.
27 (b) License plates issued under ss. 320.084, 320.0842,
28 320.0843, and 320.0845 are valid for the same parking
29 privileges and other privileges provided under ss. 316.1955,
30 316.1964, and 526.141(5)(a).
31 (c)1. Except as provided in subparagraph 2., the fee
4
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 for a disabled parking permit shall be:
2 a. Fifteen dollars for each initial 4-year permit or
3 renewal permit, of which the State Transportation Trust Fund
4 shall receive $13.50 and the tax collector of the county in
5 which the fee was collected shall receive $1.50, if that tax
6 collector has the capability to process a digital image of the
7 applicant. If the application was processed by the department,
8 the $1.50 shall be deposited into the Highway Safety Operating
9 Trust Fund.
10 b. One dollar for each additional or additional
11 renewal 4-year permit, of which the State Transportation Trust
12 Fund shall receive all funds collected.
13
14 The department shall not issue an additional disabled parking
15 permit unless the applicant states that they are a frequent
16 traveler or a quadriplegic. The department may not issue to
17 any one eligible applicant more than two disabled parking
18 permits except to an organization in accordance with paragraph
19 (1)(e). Subsections (1), (5), (6), and (7) apply to this
20 subsection.
21 2. If an applicant who is a disabled veteran, is a
22 resident of this state, has been honorably discharged, and
23 either has been determined by the Department of Defense or the
24 United States Department of Veterans Affairs or its
25 predecessor to have a service-connected disability rating for
26 compensation of 50 percent or greater or has been determined
27 to have a service-connected disability rating of 50 percent or
28 greater and is in receipt of both disability retirement pay
29 from the United States Department of Veterans Affairs and has
30 a signed physician's statement of qualification for the
31 disabled parking permits, the fee for a disabled parking
5
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 permit shall be:
2 a. One dollar and fifty cents for the initial 4-year
3 permit or renewal permit.
4 b. One dollar for each additional or additional
5 renewal 4-year permit.
6
7 The tax collector of the county in which the fee was collected
8 shall retain all funds received pursuant to this subparagraph,
9 if that tax collector has the capability to process a digital
10 image of the applicant. If the application was processed by
11 the department, the proceeds shall be deposited into the
12 Highway Safety Operating Trust Fund.
13 3. If an applicant presents to the department a
14 statement from the Federal Government or the State of Florida
15 indicating the applicant is a recipient of supplemental
16 security income, the fee for the disabled parking permit shall
17 be $9 for the initial 4-year permit or renewal permit, of
18 which the State Transportation Trust Fund shall receive $6.75
19 and the tax collector of the county in which the fee was
20 collected shall receive $2.25, if that tax collector has the
21 capability to process a digital image of the applicant. If the
22 application was processed by the department, the $2.25 shall
23 be deposited into the Highway Safety Operating Trust Fund.
24 (d) To obtain a replacement for a disabled parking
25 permit that has been lost or stolen, a person must submit an
26 application on a form prescribed by the department and must
27 pay a replacement fee in the amount of $1.00, to be retained
28 by the issuing agency. If the person submits with the
29 application a police report documenting that the permit was
30 stolen, there is no replacement fee.
31 (e) A person who qualifies for a disabled parking
6
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 permit under this section may be issued an international
2 wheelchair user symbol license plate under s. 320.0843 in lieu
3 of the disabled parking permit; or, if the person qualifies
4 for a "DV" license plate under s. 320.084, such a license
5 plate may be issued to him or her in lieu of a disabled
6 parking permit.
7 (3) DISABLED PARKING PERMIT; TEMPORARY.--
8 (a) The temporary disabled parking permit is a placard
9 of a different color from the color of the long-term disabled
10 parking permit placard, and must clearly display the date of
11 expiration in large print and with color coding, but is
12 identical to the long-term disabled parking permit placard in
13 all other respects, including, but not limited to, the
14 inclusion of a state identification card number or driver's
15 license number on one side of the temporary permit. However, a
16 photograph of the applicant is not required on the temporary
17 parking permit. The temporary disabled parking permit placard
18 must be designed to conspicuously display the expiration date
19 of the permit on the front and back of the placard.
20 (b) The department shall issue the temporary disabled
21 parking permit for the period of the disability as stated by
22 the certifying physician, but not to exceed 6 months 1 year.
23 (c) The fee for a temporary disabled parking permit is
24 $15.
25 (4) From the proceeds of the temporary disabled
26 parking permit fees:
27 (a) The Department of Highway Safety and Motor
28 Vehicles must receive $3.50 for each temporary permit, to be
29 deposited into the Highway Safety Operating Trust Fund and
30 used for implementing the real-time disabled parking permit
31 database and for administering the disabled parking permit
7
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 program.
2 (b) The tax collector, for processing, must receive
3 $2.50 for each temporary permit.
4 (c) The remainder must be distributed monthly as
5 follows:
6 1. To the Florida Governor's Alliance for the
7 Employment of Disabled Citizens for the purpose of improving
8 employment and training opportunities for persons who have
9 disabilities, with special emphasis on removing transportation
10 barriers, $4. These fees must be deposited into the
11 Transportation Disadvantaged Trust Fund for transfer to the
12 Florida Governor's Alliance for Employment of Disabled
13 Citizens.
14 2. To the Transportation Disadvantaged Trust Fund to
15 be used for funding matching grants to counties for the
16 purpose of improving transportation of persons who have
17 disabilities, $5.
18 (5) The applications for disabled parking permits and
19 temporary disabled parking permits are official state
20 documents. The following statement must appear on each
21 application form immediately below the physician's signature
22 and immediately below the applicant's signature: "Knowingly
23 providing false information on this application is a
24 misdemeanor of the first degree, punishable as provided in s.
25 775.082, Florida Statutes, or s. 775.083, Florida Statutes.
26 The penalty is up to 1 year in jail or a fine of $1,000, or
27 both."
28 (6) Any person who knowingly makes a false or
29 misleading statement in an application or certification under
30 this section commits a misdemeanor of the first degree,
31 punishable as provided in s. 775.082 or s. 775.083.
8
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 (7) Any person who fraudulently obtains or unlawfully
2 displays a disabled parking permit that belongs to another
3 person while occupying a disabled parking space or an access
4 aisle as defined in s. 553.5041 while the owner of the permit
5 is not being transported in the vehicle or who uses an
6 unauthorized replica of such a disabled parking permit with
7 the intent to deceive is guilty of a misdemeanor of the second
8 degree, punishable as provided in s. 775.082 or s. 775.083.
9 (8) A law enforcement officer may confiscate the
10 disabled parking permit from any person who fraudulently
11 obtains or unlawfully uses such a permit. A law enforcement
12 officer may confiscate any disabled parking permit that is
13 expired, reported as lost or stolen, or defaced, or that does
14 not display a personal identification number.
15 (a) Beginning April 1, 1999, the permit number of each
16 confiscated permit must be submitted to the Department of
17 Highway Safety and Motor Vehicles, and the fact that the
18 permit has been confiscated must be noted on the
19 permitholder's record. If two permits issued to the same
20 person have been confiscated, the Department of Highway Safety
21 and Motor Vehicles shall refer the information to the central
22 abuse hotline of the Department of Children and Family
23 Services for an investigation of potential abuse, neglect, or
24 exploitation of the permit owner.
25 (b) A confiscated permit must be held as evidence
26 until a judicial decision about the violation has been made.
27 After a finding of guilt has been made or a plea of nolo
28 contendere has been entered, the charging agency shall destroy
29 the confiscated permit. A confiscated permit may not, under
30 any circumstances, be returned to its registered owner after a
31 finding of guilt has been made or a plea of nolo contendere
9
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 has been entered in court. The permit number of each destroyed
2 permit must be reported to the department, and the department
3 must record in the real-time disabled parking permit database
4 that the permit has been invalidated.
5 (9) A violation of this section is grounds for
6 disciplinary action under s. 458.331, s. 459.015, s. 460.413,
7 or s. 461.013, as applicable.
8 (10) The Department of Highway Safety and Motor
9 Vehicles shall adopt rules to administer this section.
10 Section 2. Subsection (1) and paragraph (a) of
11 subsection (4) of section 316.1955, Florida Statutes, are
12 amended to read:
13 316.1955 Enforcement of parking requirements for
14 persons who have disabilities.--
15 (1) It is unlawful for any person to stop, stand, or
16 park a vehicle within, or to obstruct, any such specially
17 designated and marked parking space provided in accordance
18 with s. 553.5041, unless the vehicle displays a disabled
19 parking permit issued under s. 316.1958 or s. 322.181 s.
20 320.0848 or a license plate issued under s. 320.084, s.
21 320.0842, s. 320.0843, or s. 320.0845, and the vehicle is
22 transporting the person to whom the displayed permit is
23 issued. The violation may not be dismissed for failure of the
24 marking on the parking space to comply with s. 553.5041 if the
25 space is in general compliance and is clearly distinguishable
26 as a designated accessible parking space for people who have
27 disabilities. Only a warning may be issued for unlawfully
28 parking in a space designated for persons with disabilities if
29 there is no above-grade sign as provided in s. 553.5041.
30 (a) Whenever a law enforcement officer, a parking
31 enforcement specialist, or the owner or lessee of the space
10
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 finds a vehicle in violation of this subsection, that officer,
2 owner, or lessor shall have the vehicle in violation removed
3 to any lawful parking space or facility or require the
4 operator or other person in charge of the vehicle immediately
5 to remove the unauthorized vehicle from the parking space.
6 Whenever any vehicle is removed under this section to a
7 storage lot, garage, or other safe parking space, the cost of
8 the removal and parking constitutes a lien against the
9 vehicle.
10 (b) The officer or specialist shall charge the
11 operator or other person in charge of the vehicle in violation
12 with a noncriminal traffic infraction, punishable as provided
13 in s. 316.008(4) or s. 318.18(6).
14 (c) All convictions for violations of this section
15 must be reported to the Department of Highway Safety and Motor
16 Vehicles by the clerk of the court.
17 (d) A law enforcement officer or a parking enforcement
18 specialist has the right to demand to be shown the person's
19 disabled parking permit and driver's license or state
20 identification card when investigating the possibility of a
21 violation of this section. If such a request is refused, the
22 person in charge of the vehicle may be charged with resisting
23 an officer without violence, as provided in s. 843.02.
24 (4)(a) A vehicle that is transporting a person who has
25 a disability and that has been granted a permit under s.
26 322.181(1)(a) s. 320.0848(1)(a) may be parked for a maximum of
27 30 minutes in any parking space reserved for persons who have
28 disabilities.
29 Section 3. Subsections (1) and (7) of section
30 316.1964, Florida Statutes, are amended to read:
31 316.1964 Exemption of vehicles transporting certain
11
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 persons who have disabilities from payment of parking fees and
2 penalties.--
3 (1) A state agency, county, municipality, or any
4 agency thereof, may not exact any fee for parking on the
5 public streets or highways or in any metered parking space
6 from the driver of a vehicle that displays a disabled parking
7 permit or a license plate issued under s. 316.1958 or s.
8 322.181 s. 320.0848 or a license plate issued under s.
9 320.084, s. 320.0842, s. 320.0843, or s. 320.0845 if the
10 vehicle is transporting the person who has a disability and to
11 whom the disabled parking permit or license plate was issued.
12 (7) An airport that owns, operates, or leases parking
13 facilities, or any other parking facilities that are used for
14 the purpose of air travel, may charge for parking vehicles
15 that display a disabled parking permit or license tag issued
16 under s. 316.1958, s. 320.084, s. 320.0842, s. 320.0843, s.
17 320.0845, or s. 322.181 s. 320.0848. However, the governing
18 body of each publicly owned or publicly operated airport must
19 grant free parking to any vehicle with specialized equipment,
20 such as ramps, lifts, or foot or hand controls, or for
21 utilization by a person who has a disability or whose vehicle
22 is displaying the Florida Toll Exemption permit.
23 Section 4. Section 318.18, Florida Statutes, is
24 amended to read:
25 318.18 Amount of civil penalties.--The penalties
26 required for a noncriminal disposition pursuant to s. 318.14
27 are as follows:
28 (1) Fifteen dollars for:
29 (a) All infractions of pedestrian regulations.
30 (b) All infractions of s. 316.2065, unless otherwise
31 specified.
12
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 (c) Other violations of chapter 316 by persons 14
2 years of age or under who are operating bicycles, regardless
3 of the noncriminal traffic infraction's classification.
4 (2) Thirty dollars for all nonmoving traffic
5 violations and:
6 (a) For all violations of s. 322.19.
7 (b) For all violations of ss. 320.0605, 320.07(1),
8 322.065, and 322.15(1). Any person who is cited for a
9 violation of s. 320.07(1) shall be charged a delinquent fee
10 pursuant to s. 320.07(4).
11 1. If a person who is cited for a violation of s.
12 320.0605 or s. 320.07 can show proof of having a valid
13 registration at the time of arrest, the clerk of the court may
14 dismiss the case and may assess a $5 dismissal fee. A person
15 who finds it impossible or impractical to obtain a valid
16 registration certificate must submit an affidavit detailing
17 the reasons for the impossibility or impracticality. The
18 reasons may include, but are not limited to, the fact that the
19 vehicle was sold, stolen, or destroyed; that the state in
20 which the vehicle is registered does not issue a certificate
21 of registration; or that the vehicle is owned by another
22 person.
23 2. If a person who is cited for a violation of s.
24 322.03, s. 322.065, or s. 322.15 can show a driver's license
25 issued to him or her and valid at the time of arrest, the
26 clerk of the court may dismiss the case and may assess a $5
27 dismissal fee.
28 3. If a person who is cited for a violation of s.
29 316.646 can show proof of security as required by s. 627.733,
30 issued to the person and valid at the time of arrest, the
31 clerk of the court may dismiss the case and may assess a $5
13
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 dismissal fee. A person who finds it impossible or impractical
2 to obtain proof of security must submit an affidavit detailing
3 the reasons for the impracticality. The reasons may include,
4 but are not limited to, the fact that the vehicle has since
5 been sold, stolen, or destroyed; that the owner or registrant
6 of the vehicle is not required by s. 627.733 to maintain
7 personal injury protection insurance; or that the vehicle is
8 owned by another person.
9 (c) For all violations of ss. 316.2935 and 316.610.
10 However, for a violation of s. 316.2935 or s. 316.610, if the
11 person committing the violation corrects the defect and
12 obtains proof of such timely repair by an affidavit of
13 compliance executed by the law enforcement agency within 30
14 days from the date upon which the traffic citation was issued,
15 and pays $4 to the law enforcement agency, thereby completing
16 the affidavit of compliance, then upon presentation of said
17 affidavit by the defendant to the clerk within the 30-day time
18 period set forth under s. 318.14(4), the fine must be reduced
19 to $5, which the clerk of the court shall retain.
20 (3)(a) Except as otherwise provided in this section,
21 $60 for all moving violations not requiring a mandatory
22 appearance.
23 (b) For moving violations involving unlawful speed,
24 the fines are as follows:
25
26 For speed exceeding the limit by: Fine:
27 1-5 m.p.h..............................................Warning
28 6-9 m.p.h.................................................$ 25
29 10-14 m.p.h...............................................$100
30 15-19 m.p.h...............................................$125
31 20-29 m.p.h...............................................$150
14
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 30 m.p.h. and above.......................................$250
2
3 (c) Notwithstanding paragraph (b), a person cited for
4 exceeding the speed limit by up to 5 m.p.h. in a legally
5 posted school zone will be fined $50. A person exceeding the
6 speed limit in a school zone will be assessed a fine double
7 the amount listed in paragraph (b).
8 (d) A person cited for exceeding the speed limit in a
9 posted construction zone will be assessed a fine double the
10 amount listed in paragraph (b). The fine shall be doubled for
11 construction zone violations only if construction personnel
12 are present or operating equipment on the road or immediately
13 adjacent to the road under construction.
14 (e) If a violation of s. 316.1301 or s. 316.1303
15 results in an injury to the pedestrian or damage to the
16 property of the pedestrian, an additional fine of up to $250
17 must be assessed. This amount must be distributed pursuant to
18 s. 318.21.
19 (4) The penalty imposed under s. 316.545 shall be
20 determined by the officer in accordance with the provisions of
21 ss. 316.535 and 316.545.
22 (5)(a) One hundred dollars for a violation of s.
23 316.172(1)(a), failure to stop for a school bus. If, at a
24 hearing, the alleged offender is found to have committed this
25 offense, the court shall impose a minimum civil penalty of
26 $100. In addition to this penalty, for a second or subsequent
27 offense within a period of 5 years, the department shall
28 suspend the driver's license of the person for not less than
29 90 days and not more than 6 months.
30 (b) Two hundred dollars for a violation of s.
31 316.172(1)(b), passing a school bus on the side that children
15
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 enter and exit when the school bus displays a stop signal. If,
2 at a hearing, the alleged offender is found to have committed
3 this offense, the court shall impose a minimum civil penalty
4 of $200. In addition to this penalty, for a second or
5 subsequent offense within a period of 5 years, the department
6 shall suspend the driver's license of the person for not less
7 than 180 days and not more than 1 year.
8 (6) One hundred dollars or the fine amount designated
9 by county ordinance, plus court costs for illegally parking,
10 under s. 316.1955, in a parking space provided for people who
11 have disabilities. However, this fine will be waived if a
12 person provides to the law enforcement agency that issued the
13 citation for such a violation proof that the person committing
14 the violation has a valid parking permit or license plate
15 issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.
16 320.0845, or s. 322.181 s. 320.0848 or a signed affidavit that
17 the owner of the disabled parking permit or license plate was
18 present at the time the violation occurred, and that such a
19 parking permit or license plate was valid at the time the
20 violation occurred. The law enforcement officer, upon
21 determining that all required documentation has been submitted
22 verifying that the required parking permit or license plate
23 was valid at the time of the violation, must sign an affidavit
24 of compliance. Upon provision of the affidavit of compliance
25 and payment of a $5 dismissal fee to the clerk of the circuit
26 court, the clerk shall dismiss the citation.
27 (7) One hundred dollars for a violation of s.
28 316.1001. However, a person may elect to pay $30 to the clerk
29 of the court, in which case adjudication is withheld, and no
30 points are assessed under s. 322.27. Upon receipt of the fine,
31 the clerk of the court must retain $5 for administrative
16
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 purposes and must forward the $25 to the governmental entity
2 that issued the citation. Any funds received by a governmental
3 entity for this violation may be used for any lawful purpose
4 related to the operation or maintenance of a toll facility.
5 (8)(a) Any person who fails to comply with the court's
6 requirements or who fails to pay the civil penalties specified
7 in this section within the 30-day period provided for in s.
8 318.14 must pay an additional civil penalty of $12, $2.50 of
9 which must be remitted to the Department of Revenue for
10 deposit in the General Revenue Fund, and $9.50 of which must
11 be remitted to the Department of Revenue for deposit in the
12 Highway Safety Operating Trust Fund. The department shall
13 contract with the Florida Association of Court Clerks, Inc.,
14 to design, establish, operate, upgrade, and maintain an
15 automated statewide Uniform Traffic Citation Accounting System
16 to be operated by the clerks of the court which shall include,
17 but not be limited to, the accounting for traffic infractions
18 by type, a record of the disposition of the citations, and an
19 accounting system for the fines assessed and the subsequent
20 fine amounts paid to the clerks of the court. On or before
21 December 1, 2001, the clerks of the court must provide the
22 information required by this chapter to be transmitted to the
23 department by electronic transmission pursuant to the
24 contract.
25 (b) Any person who fails to comply with the court's
26 requirements as to civil penalties specified in this section
27 due to demonstrable financial hardship shall be authorized to
28 satisfy such civil penalties by public works or community
29 service. Each hour of such service shall be applied, at the
30 rate of the minimum wage, toward payment of the person's civil
31 penalties; provided, however, that if the person has a trade
17
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 or profession for which there is a community service need and
2 application, the rate for each hour of such service shall be
3 the average standard wage for such trade or profession. Any
4 person who fails to comply with the court's requirements as to
5 such civil penalties who does not demonstrate financial
6 hardship may also, at the discretion of the court, be
7 authorized to satisfy such civil penalties by public works or
8 community service in the same manner.
9 (c) If the noncriminal infraction has caused or
10 resulted in the death of another, the person who committed the
11 infraction may perform 120 community service hours under s.
12 316.027(4), in addition to any other penalties.
13 (9) One hundred dollars for a violation of s.
14 316.1575.
15 (10) Twenty-five dollars for a violation of s.
16 316.2074.
17 (11)(a) Court costs that are to be in addition to the
18 stated fine shall be imposed by the court in an amount not
19 less than the following:
20
21 For pedestrian infractions................................$ 3.
22 For nonmoving traffic infractions.........................$ 6.
23 For moving traffic infractions............................$10.
24
25 (b) In addition to the court cost assessed under
26 paragraph (a), the court shall impose a $3 court cost for each
27 infraction to be distributed as provided in s. 938.01 and a $2
28 court cost as provided in s. 938.15 when assessed by a
29 municipality or county.
30
31 Court costs imposed under this subsection may not exceed $30.
18
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 A criminal justice selection center or other local criminal
2 justice access and assessment center may be funded from these
3 court costs.
4 Section 5. Section 320.08035, Florida Statutes, is
5 amended to read:
6 320.08035 Persons who have disabilities; reduced
7 dimension license plate.--The owner or lessee of a motorcycle,
8 moped, or motorized disability access vehicle who resides in
9 this state and qualifies for a parking permit for a person who
10 has a disability under s. 322.181 s. 320.0848, upon
11 application and payment of the appropriate license tax and
12 fees under s. 320.08(1), must be issued a license plate that
13 has reduced dimensions as provided under s. 320.06(3)(a). The
14 plate must be stamped with the international symbol of
15 accessibility after the numeric and alpha serial number of the
16 license plate. The plate entitles the person to all
17 privileges afforded by a disabled parking permit issued under
18 s. 322.181 s. 320.0848.
19 Section 6. Subsection (5) of section 320.084, Florida
20 Statutes, is amended to read:
21 320.084 Free motor vehicle license plate to certain
22 disabled veterans.--
23 (5) A county or municipality, or any agency thereof,
24 may not impose upon any person who is issued a license plate
25 with the international accessibility symbol, under this
26 section, any fee or penalty for parking in any metered or
27 timed parking space except:
28 (a) As provided in s. 316.1964; or
29 (b) When the person is parked without a permit issued
30 under s. 322.181 s. 320.0848 in a space designated for use by
31 persons who have disabilities.
19
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 Section 7. Subsection (2) of section 320.0842, Florida
2 Statutes, is amended to read:
3 320.0842 Free motor vehicle license plates to veterans
4 who use wheelchairs.--
5 (2) In order to be eligible for the motor vehicle
6 license plate described in subsection (1), a person must
7 comply with the following provisions:
8 (a) The veteran must be eligible for the license plate
9 issued under s. 320.084 and must apply for the license plate
10 issued under this section in lieu of or in exchange for the
11 motor vehicle license number plate authorized by s. 320.084;
12 and
13 (b) The veteran must offer, in addition to the proof
14 required by s. 320.084(1), proof that due to a
15 service-connected disability he or she permanently uses a
16 wheelchair or proof, in the form of an application that
17 conforms to the requirements set forth in s. 322.181 s.
18 320.0848, that he or she qualifies for a disabled parking
19 permit under that section. The license plate entitles the
20 person to all privileges afforded by a parking permit issued
21 under s. 322.181 s. 320.0848.
22 Section 8. Subsection (1) of section 320.0843, Florida
23 Statutes, is amended to read:
24 320.0843 License plates for persons with disabilities
25 eligible for permanent disabled parking permits.--
26 (1) Any owner or lessee of a motor vehicle who resides
27 in this state and qualifies for a disabled parking permit
28 under s. 322.181(2) s. 320.0848(2), upon application to the
29 department and payment of the license tax for a motor vehicle
30 registered under s. 320.08(2), (3)(a), (b), (c), or (e),
31 (4)(a) or (b), (6)(a), or (9)(c) or (d), shall be issued a
20
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 license plate as provided by s. 320.06 which, in lieu of the
2 serial number prescribed by s. 320.06, shall be stamped with
3 the international wheelchair user symbol after the serial
4 number of the license plate. The license plate entitles the
5 person to all privileges afforded by a parking permit issued
6 under s. 322.181 s. 320.0848.
7 Section 9. Subsection (1) of section 322.051, Florida
8 Statutes, is amended to read:
9 322.051 Identification cards.--
10 (1) Any person who is 12 years of age or older, or any
11 person who has a disability, regardless of age, who applies
12 for a disabled parking permit under s. 322.181 s. 320.0848,
13 may be issued an identification card by the department upon
14 completion of an application and payment of an application
15 fee.
16 (a) Each such application shall include the following
17 information regarding the applicant:
18 1. Full name (first, middle or maiden, and last),
19 gender, social security card number, residence and mailing
20 address, and a brief description.
21 2. Proof of birth date satisfactory to the department.
22 3. Proof of identity satisfactory to the department.
23 Such proof must include one of the following unless a driver's
24 license record or identification card record has already been
25 established: a certified copy of a United States birth
26 certificate, a valid United States passport, an alien
27 registration receipt card (green card), an employment
28 authorization card issued by the United States Department of
29 Justice, or proof of nonimmigrant classification provided by
30 the United States Department of Justice, for an original
31 identification card.
21
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 (b) An application for an identification card must be
2 signed and verified by the applicant in a format designated by
3 the department before a person authorized to administer oaths.
4 The fee for an identification card is $3, including payment
5 for the color photograph or digital image of the applicant.
6 Section 10. Paragraph (a) of subsection (5) of section
7 526.141, Florida Statutes, is amended to read:
8 526.141 Self-service gasoline stations; attendants;
9 regulations.--
10 (5)(a) Every full-service gasoline station offering
11 self-service at a lesser cost shall require an attendant
12 employed by the station to dispense gasoline from the
13 self-service portion of the station to any motor vehicle
14 properly displaying an exemption parking permit as provided in
15 s. 316.1958 or s. 322.181 s. 320.0848 or a license plate
16 issued pursuant to s. 320.084, s. 320.0842, s. 320.0843, or s.
17 320.0845 when the person to whom such permit has been issued
18 is the operator of the vehicle and such service is requested.
19 Such stations shall prominently display a decal no larger than
20 8 square inches on the front of all self-service pumps clearly
21 stating the requirements of this subsection and the penalties
22 applicable to violations of this subsection. The Department
23 of Agriculture and Consumer Services shall enforce this
24 requirement.
25 Section 11. Subsection (3) of section 553.5041,
26 Florida Statutes, is amended to read:
27 553.5041 Parking spaces for persons who have
28 disabilities.--
29 (3) If parking spaces are provided for self-parking by
30 employees or visitors, or both, accessible spaces shall be
31 provided in each such parking area. Such spaces shall be
22
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 designed and marked for the exclusive use of those individuals
2 who have a severe physical disability and have permanent or
3 temporary mobility problems that substantially impair their
4 ability to ambulate and who have been issued either a disabled
5 parking permit under s. 316.1958 or s. 322.181 s. 320.0848 or
6 a license plate under s. 320.084, s. 320.0842, s. 320.0843, or
7 s. 320.0845.
8 Section 12. This act shall take effect October 1,
9 2002.
10
11
12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 remove: the entire title
15
16 and insert:
17 A bill to be entitled
18 An act relating to parking permits for disabled
19 persons; amending and renumbering s. 320.0848,
20 F.S.; reducing the term of temporary parking
21 permits; providing for photographs on parking
22 permits for disabled persons; transferring the
23 issuance of such permits to the driver's
24 license office within the Department of Highway
25 Safety and Motor Vehicles; authorizing tax
26 collectors to issue such permits if they have
27 the capability of processing a digital image of
28 the applicant; amending ss. 316.1955, 316.1964,
29 318.18, 320.08035, 320.084, 320.0842, 320.0843,
30 322.051, 526.141, and 553.5041, F.S.;
31 conforming provisions; providing an effective
23
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949
HOUSE AMENDMENT
799-120AX-02 Bill No. CS/HB 1525
Amendment No. ___ (for drafter's use only)
1 date.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
24
File original & 9 copies 03/08/02
hbd0007 10:56 am 01525-0026-460949