House Bill hb1525e1
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CS/HB 1525, First Engrossed
1 A bill to be entitled
2 An act relating to parking permits for disabled
3 persons; amending and renumbering s. 320.0848,
4 F.S.; reducing the term of temporary parking
5 permits; providing for photographs on parking
6 permits for disabled persons; transferring the
7 issuance of such permits to the driver's
8 license office within the Department of Highway
9 Safety and Motor Vehicles; authorizing tax
10 collectors to issue such permits if they have
11 the capability of processing a digital image of
12 the applicant; amending ss. 316.1955, 316.1964,
13 318.18, 320.08035, 320.084, 320.0842, 320.0843,
14 322.051, 526.141, and 553.5041, F.S.;
15 conforming provisions; providing an effective
16 date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 320.0848, Florida Statutes, is
21 renumbered as section 322.181, Florida Statutes, and amended
22 to read:
23 322.181 320.0848 Persons who have disabilities;
24 issuance of disabled parking permits; temporary permits;
25 permits for certain providers of transportation services to
26 persons who have disabilities.--
27 (1)(a) The Department of Highway Safety and Motor
28 Vehicles or its authorized agents shall, upon application and
29 receipt of the fee, issue a disabled parking permit for a
30 period of up to 4 years, which period ends on the applicant's
31 birthday, to any person who has long-term mobility impairment,
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CS/HB 1525, First Engrossed
1 or a temporary disabled parking permit not to exceed 6 months
2 1 year to any person who has a temporary mobility impairment.
3 No person shall be required to pay a fee for a disabled
4 parking permit more than once in a 12-month period from the
5 date of the prior fee payment. The department must adopt rules
6 that require a picture of the applicant to appear on a parking
7 permit for a person with a long-term mobility impairment, upon
8 initial application or upon the next permit renewal.
9 (b)1. The person must be currently certified as being
10 legally blind or as having any of the following disabilities
11 that render him or her unable to walk 200 feet without
12 stopping to rest:
13 a. Inability to walk without the use of or assistance
14 from a brace, cane, crutch, prosthetic device, or other
15 assistive device, or without the assistance of another person.
16 If the assistive device significantly restores the person's
17 ability to walk to the extent that the person can walk without
18 severe limitation, the person is not eligible for the
19 exemption parking permit.
20 b. The need to permanently use a wheelchair.
21 c. Restriction by lung disease to the extent that the
22 person's forced (respiratory) expiratory volume for 1 second,
23 when measured by spirometry, is less than 1 liter, or the
24 person's arterial oxygen is less than 60 mm/hg on room air at
25 rest.
26 d. Use of portable oxygen.
27 e. Restriction by cardiac condition to the extent that
28 the person's functional limitations are classified in severity
29 as Class III or Class IV according to standards set by the
30 American Heart Association.
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CS/HB 1525, First Engrossed
1 f. Severe limitation in the person's ability to walk
2 due to an arthritic, neurological, or orthopedic condition.
3 2. The certification of disability which is required
4 under subparagraph 1. must be provided by a physician licensed
5 under chapter 458, chapter 459, or chapter 460, by a podiatric
6 physician licensed under chapter 461, by an optometrist
7 licensed under chapter 463, by the Adjudication Office of the
8 United States Department of Veterans Affairs or its
9 predecessor, or by a similarly licensed physician from another
10 state if the application is accompanied by documentation of
11 the physician's licensure in the other state and a form signed
12 by the out-of-state physician verifying his or her knowledge
13 of this state's eligibility guidelines.
14 (c) The certificate of disability must include, but
15 need not be limited to:
16 1. The disability of the applicant; the certifying
17 physician's name and address; the physician's certification
18 number; the eligibility criteria for the permit; the penalty
19 for falsification by either the certifying physician or the
20 applicant; the duration of the condition that entitles the
21 person to the permit; and justification for the additional
22 placard pursuant to subsection (2).
23 2. The statement, in bold letters: "A disabled parking
24 permit may be issued only for a medical necessity that
25 severely affects mobility."
26 3. The signatures of:
27 a. The applicant's physician;
28 b. The applicant or the applicant's parent or
29 guardian; and
30 c. The employee of the department's authorized agent
31 which employee is processing the application.
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CS/HB 1525, First Engrossed
1 (d) Beginning April 1, 1999, the Department of Highway
2 Safety and Motor Vehicles shall renew the disabled parking
3 permit of any person certified as permanently disabled on the
4 application.
5 (e) The Department of Highway Safety and Motor
6 Vehicles shall, in consultation with the Commission for the
7 Transportation Disadvantaged, adopt rules, in accordance with
8 chapter 120, for the issuance of a disabled parking permit to
9 any organization that can adequately demonstrate a bona fide
10 need for such a permit because the organization provides
11 regular transportation services to persons who have
12 disabilities and are certified as provided in this subsection.
13 (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
14 MOBILITY PROBLEMS.--
15 (a) The disabled parking permit is a placard that can
16 be placed in a motor vehicle so as to be visible from the
17 front and rear of the vehicle. Each side of the placard must
18 have the international symbol of accessibility in a
19 contrasting color in the center so as to be visible. One side
20 of the placard must display the applicant's driver's license
21 number or state identification card number and a photograph of
22 the applicant along with a warning that the applicant must
23 have such identification at all times while using the parking
24 permit. A validation sticker must also be issued with each
25 disabled parking permit, showing the month and year of
26 expiration on each side of the placard. Validation stickers
27 must be of the size specified by the Department of Highway
28 Safety and Motor Vehicles and must be affixed to the disabled
29 parking permits. The disabled parking permits must use the
30 same colors as license plate validations.
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CS/HB 1525, First Engrossed
1 (b) License plates issued under ss. 320.084, 320.0842,
2 320.0843, and 320.0845 are valid for the same parking
3 privileges and other privileges provided under ss. 316.1955,
4 316.1964, and 526.141(5)(a).
5 (c)1. Except as provided in subparagraph 2., the fee
6 for a disabled parking permit shall be:
7 a. Fifteen dollars for each initial 4-year permit or
8 renewal permit, of which the State Transportation Trust Fund
9 shall receive $13.50 and the tax collector of the county in
10 which the fee was collected shall receive $1.50, if that tax
11 collector has the capability to process a digital image of the
12 applicant. If the application was processed by the department,
13 the $1.50 shall be deposited into the Highway Safety Operating
14 Trust Fund.
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.
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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)(e). 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.
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12 The tax collector of the county in which the fee was collected
13 shall retain all funds received pursuant to this subparagraph,
14 if that tax collector has the capability to process a digital
15 image of the applicant. If the application was processed by
16 the department, the proceeds shall be deposited into the
17 Highway Safety Operating Trust Fund.
18 3. If an applicant presents to the department a
19 statement from the Federal Government or the State of Florida
20 indicating the applicant is a recipient of supplemental
21 security income, the fee for the disabled parking permit shall
22 be $9 for the initial 4-year permit or renewal permit, of
23 which the State Transportation Trust Fund shall receive $6.75
24 and the tax collector of the county in which the fee was
25 collected shall receive $2.25, if that tax collector has the
26 capability to process a digital image of the applicant. If the
27 application was processed by the department, the $2.25 shall
28 be deposited into the Highway Safety Operating Trust Fund.
29 (d) To obtain a replacement for a disabled parking
30 permit that has been lost or stolen, a person must submit an
31 application on a form prescribed by the department and must
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1 pay a replacement fee in the amount of $1.00, to be retained
2 by the issuing agency. If the person submits with the
3 application a police report documenting that the permit was
4 stolen, there is no replacement fee.
5 (e) A person who qualifies for a disabled parking
6 permit under this section may be issued an international
7 wheelchair user symbol license plate under s. 320.0843 in lieu
8 of the disabled parking permit; or, if the person qualifies
9 for a "DV" license plate under s. 320.084, such a license
10 plate may be issued to him or her in lieu of a disabled
11 parking permit.
12 (3) DISABLED PARKING PERMIT; TEMPORARY.--
13 (a) The temporary disabled parking permit is a placard
14 of a different color from the color of the long-term disabled
15 parking permit placard, and must clearly display the date of
16 expiration in large print and with color coding, but is
17 identical to the long-term disabled parking permit placard in
18 all other respects, including, but not limited to, the
19 inclusion of a state identification card number or driver's
20 license number on one side of the temporary permit. However, a
21 photograph of the applicant is not required on the temporary
22 parking permit. The temporary disabled parking permit placard
23 must be designed to conspicuously display the expiration date
24 of the permit on the front and back of the placard.
25 (b) The department shall issue the temporary disabled
26 parking permit for the period of the disability as stated by
27 the certifying physician, but not to exceed 6 months 1 year.
28 (c) The fee for a temporary disabled parking permit is
29 $15.
30 (4) From the proceeds of the temporary disabled
31 parking permit fees:
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1 (a) The Department of Highway Safety and Motor
2 Vehicles must receive $3.50 for each temporary permit, to be
3 deposited into the Highway Safety Operating Trust Fund and
4 used for implementing the real-time disabled parking permit
5 database and for administering the disabled parking permit
6 program.
7 (b) The tax collector, for processing, must receive
8 $2.50 for each temporary permit.
9 (c) The remainder must be distributed monthly as
10 follows:
11 1. To the Florida Governor's Alliance for the
12 Employment of Disabled Citizens for the purpose of improving
13 employment and training opportunities for persons who have
14 disabilities, with special emphasis on removing transportation
15 barriers, $4. These fees must be deposited into the
16 Transportation Disadvantaged Trust Fund for transfer to the
17 Florida Governor's Alliance for Employment of Disabled
18 Citizens.
19 2. To the Transportation Disadvantaged Trust Fund to
20 be used for funding matching grants to counties for the
21 purpose of improving transportation of persons who have
22 disabilities, $5.
23 (5) The applications for disabled parking permits and
24 temporary disabled parking permits are official state
25 documents. The following statement must appear on each
26 application form immediately below the physician's signature
27 and immediately below the applicant's signature: "Knowingly
28 providing false information on this application is a
29 misdemeanor of the first degree, punishable as provided in s.
30 775.082, Florida Statutes, or s. 775.083, Florida Statutes.
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1 The penalty is up to 1 year in jail or a fine of $1,000, or
2 both."
3 (6) Any person who knowingly makes a false or
4 misleading statement in an application or certification under
5 this section commits a misdemeanor of the first degree,
6 punishable as provided in s. 775.082 or s. 775.083.
7 (7) Any person who fraudulently obtains or unlawfully
8 displays a disabled parking permit that belongs to another
9 person while occupying a disabled parking space or an access
10 aisle as defined in s. 553.5041 while the owner of the permit
11 is not being transported in the vehicle or who uses an
12 unauthorized replica of such a disabled parking permit with
13 the intent to deceive is guilty of a misdemeanor of the second
14 degree, punishable as provided in s. 775.082 or s. 775.083.
15 (8) A law enforcement officer may confiscate the
16 disabled parking permit from any person who fraudulently
17 obtains or unlawfully uses such a permit. A law enforcement
18 officer may confiscate any disabled parking permit that is
19 expired, reported as lost or stolen, or defaced, or that does
20 not display a personal identification number.
21 (a) Beginning April 1, 1999, the permit number of each
22 confiscated permit must be submitted to the Department of
23 Highway Safety and Motor Vehicles, and the fact that the
24 permit has been confiscated must be noted on the
25 permitholder's record. If two permits issued to the same
26 person have been confiscated, the Department of Highway Safety
27 and Motor Vehicles shall refer the information to the central
28 abuse hotline of the Department of Children and Family
29 Services for an investigation of potential abuse, neglect, or
30 exploitation of the permit owner.
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1 (b) A confiscated permit must be held as evidence
2 until a judicial decision about the violation has been made.
3 After a finding of guilt has been made or a plea of nolo
4 contendere has been entered, the charging agency shall destroy
5 the confiscated permit. A confiscated permit may not, under
6 any circumstances, be returned to its registered owner after a
7 finding of guilt has been made or a plea of nolo contendere
8 has been entered in court. The permit number of each destroyed
9 permit must be reported to the department, and the department
10 must record in the real-time disabled parking permit database
11 that the permit has been invalidated.
12 (9) A violation of this section is grounds for
13 disciplinary action under s. 458.331, s. 459.015, s. 460.413,
14 or s. 461.013, as applicable.
15 (10) The Department of Highway Safety and Motor
16 Vehicles shall adopt rules to administer this section.
17 Section 2. Subsection (1) and paragraph (a) of
18 subsection (4) of section 316.1955, Florida Statutes, are
19 amended to read:
20 316.1955 Enforcement of parking requirements for
21 persons who have disabilities.--
22 (1) It is unlawful for any person to stop, stand, or
23 park a vehicle within, or to obstruct, any such specially
24 designated and marked parking space provided in accordance
25 with s. 553.5041, unless the vehicle displays a disabled
26 parking permit issued under s. 316.1958 or s. 322.181 s.
27 320.0848 or a license plate issued under s. 320.084, s.
28 320.0842, s. 320.0843, or s. 320.0845, and the vehicle is
29 transporting the person to whom the displayed permit is
30 issued. The violation may not be dismissed for failure of the
31 marking on the parking space to comply with s. 553.5041 if the
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1 space is in general compliance and is clearly distinguishable
2 as a designated accessible parking space for people who have
3 disabilities. Only a warning may be issued for unlawfully
4 parking in a space designated for persons with disabilities if
5 there is no above-grade sign as provided in s. 553.5041.
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.
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1 (4)(a) A vehicle that is transporting a person who has
2 a disability and that has been granted a permit under s.
3 322.181(1)(a) s. 320.0848(1)(a) may be parked for a maximum of
4 30 minutes in any parking space reserved for persons who have
5 disabilities.
6 Section 3. Subsections (1) and (7) of section
7 316.1964, Florida Statutes, are amended to read:
8 316.1964 Exemption of vehicles transporting certain
9 persons who have disabilities from payment of parking fees and
10 penalties.--
11 (1) A state agency, county, municipality, or any
12 agency thereof, may not exact any fee for parking on the
13 public streets or highways or in any metered parking space
14 from the driver of a vehicle that displays a disabled parking
15 permit or a license plate issued under s. 316.1958 or s.
16 322.181 s. 320.0848 or a license plate issued under s.
17 320.084, s. 320.0842, s. 320.0843, or s. 320.0845 if the
18 vehicle is transporting the person who has a disability and to
19 whom the disabled parking permit or license plate was issued.
20 (7) An airport that owns, operates, or leases parking
21 facilities, or any other parking facilities that are used for
22 the purpose of air travel, may charge for parking vehicles
23 that display a disabled parking permit or license tag issued
24 under s. 316.1958, s. 320.084, s. 320.0842, s. 320.0843, s.
25 320.0845, or s. 322.181 s. 320.0848. However, the governing
26 body of each publicly owned or publicly operated airport must
27 grant free parking to any vehicle with specialized equipment,
28 such as ramps, lifts, or foot or hand controls, or for
29 utilization by a person who has a disability or whose vehicle
30 is displaying the Florida Toll Exemption permit.
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1 Section 4. Section 318.18, Florida Statutes, is
2 amended to read:
3 318.18 Amount of civil penalties.--The penalties
4 required for a noncriminal disposition pursuant to s. 318.14
5 are as follows:
6 (1) Fifteen dollars for:
7 (a) All infractions of pedestrian regulations.
8 (b) All infractions of s. 316.2065, unless otherwise
9 specified.
10 (c) Other violations of chapter 316 by persons 14
11 years of age or under who are operating bicycles, regardless
12 of the noncriminal traffic infraction's classification.
13 (2) Thirty dollars for all nonmoving traffic
14 violations and:
15 (a) For all violations of s. 322.19.
16 (b) For all violations of ss. 320.0605, 320.07(1),
17 322.065, and 322.15(1). Any person who is cited for a
18 violation of s. 320.07(1) shall be charged a delinquent fee
19 pursuant to s. 320.07(4).
20 1. If a person who is cited for a violation of s.
21 320.0605 or s. 320.07 can show proof of having a valid
22 registration at the time of arrest, the clerk of the court may
23 dismiss the case and may assess a $5 dismissal fee. A person
24 who finds it impossible or impractical to obtain a valid
25 registration certificate must submit an affidavit detailing
26 the reasons for the impossibility or impracticality. The
27 reasons may include, but are not limited to, the fact that the
28 vehicle was sold, stolen, or destroyed; that the state in
29 which the vehicle is registered does not issue a certificate
30 of registration; or that the vehicle is owned by another
31 person.
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1 2. If a person who is cited for a violation of s.
2 322.03, s. 322.065, or s. 322.15 can show a driver's license
3 issued to him or her and valid at the time of arrest, the
4 clerk of the court may dismiss the case and may assess a $5
5 dismissal fee.
6 3. If a person who is cited for a violation of s.
7 316.646 can show proof of security as required by s. 627.733,
8 issued to the person and valid at the time of arrest, the
9 clerk of the court may dismiss the case and may assess a $5
10 dismissal fee. A person who finds it impossible or impractical
11 to obtain proof of security must submit an affidavit detailing
12 the reasons for the impracticality. The reasons may include,
13 but are not limited to, the fact that the vehicle has since
14 been sold, stolen, or destroyed; that the owner or registrant
15 of the vehicle is not required by s. 627.733 to maintain
16 personal injury protection insurance; or that the vehicle is
17 owned by another person.
18 (c) For all violations of ss. 316.2935 and 316.610.
19 However, for a violation of s. 316.2935 or s. 316.610, if the
20 person committing the violation corrects the defect and
21 obtains proof of such timely repair by an affidavit of
22 compliance executed by the law enforcement agency within 30
23 days from the date upon which the traffic citation was issued,
24 and pays $4 to the law enforcement agency, thereby completing
25 the affidavit of compliance, then upon presentation of said
26 affidavit by the defendant to the clerk within the 30-day time
27 period set forth under s. 318.14(4), the fine must be reduced
28 to $5, which the clerk of the court shall retain.
29 (3)(a) Except as otherwise provided in this section,
30 $60 for all moving violations not requiring a mandatory
31 appearance.
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1 (b) For moving violations involving unlawful speed,
2 the fines are as follows:
3
4 For speed exceeding the limit by: Fine:
5 1-5 m.p.h..............................................Warning
6 6-9 m.p.h.................................................$ 25
7 10-14 m.p.h...............................................$100
8 15-19 m.p.h...............................................$125
9 20-29 m.p.h...............................................$150
10 30 m.p.h. and above.......................................$250
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12 (c) Notwithstanding paragraph (b), a person cited for
13 exceeding the speed limit by up to 5 m.p.h. in a legally
14 posted school zone will be fined $50. A person exceeding the
15 speed limit in a school zone will be assessed a fine double
16 the amount listed in paragraph (b).
17 (d) A person cited for exceeding the speed limit in a
18 posted construction zone will be assessed a fine double the
19 amount listed in paragraph (b). The fine shall be doubled for
20 construction zone violations only if construction personnel
21 are present or operating equipment on the road or immediately
22 adjacent to the road under construction.
23 (e) If a violation of s. 316.1301 or s. 316.1303
24 results in an injury to the pedestrian or damage to the
25 property of the pedestrian, an additional fine of up to $250
26 must be assessed. This amount must be distributed pursuant to
27 s. 318.21.
28 (4) The penalty imposed under s. 316.545 shall be
29 determined by the officer in accordance with the provisions of
30 ss. 316.535 and 316.545.
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1 (5)(a) One hundred dollars for a violation of s.
2 316.172(1)(a), failure to stop for a school bus. If, at a
3 hearing, the alleged offender is found to have committed this
4 offense, the court shall impose a minimum civil penalty of
5 $100. In addition to this penalty, for a second or subsequent
6 offense within a period of 5 years, the department shall
7 suspend the driver's license of the person for not less than
8 90 days and not more than 6 months.
9 (b) Two hundred dollars for a violation of s.
10 316.172(1)(b), passing a school bus on the side that children
11 enter and exit when the school bus displays a stop signal. If,
12 at a hearing, the alleged offender is found to have committed
13 this offense, the court shall impose a minimum civil penalty
14 of $200. In addition to this penalty, for a second or
15 subsequent offense within a period of 5 years, the department
16 shall suspend the driver's license of the person for not less
17 than 180 days and not more than 1 year.
18 (6) One hundred dollars or the fine amount designated
19 by county ordinance, plus court costs for illegally parking,
20 under s. 316.1955, in a parking space provided for people who
21 have disabilities. However, this fine will be waived if a
22 person provides to the law enforcement agency that issued the
23 citation for such a violation proof that the person committing
24 the violation has a valid parking permit or license plate
25 issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.
26 320.0845, or s. 322.181 s. 320.0848 or a signed affidavit that
27 the owner of the disabled parking permit or license plate was
28 present at the time the violation occurred, and that such a
29 parking permit or license plate was valid at the time the
30 violation occurred. The law enforcement officer, upon
31 determining that all required documentation has been submitted
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1 verifying that the required parking permit or license plate
2 was valid at the time of the violation, must sign an affidavit
3 of compliance. Upon provision of the affidavit of compliance
4 and payment of a $5 dismissal fee to the clerk of the circuit
5 court, the clerk shall dismiss the citation.
6 (7) One hundred dollars for a violation of s.
7 316.1001. However, a person may elect to pay $30 to the clerk
8 of the court, in which case adjudication is withheld, and no
9 points are assessed under s. 322.27. Upon receipt of the fine,
10 the clerk of the court must retain $5 for administrative
11 purposes and must forward the $25 to the governmental entity
12 that issued the citation. Any funds received by a governmental
13 entity for this violation may be used for any lawful purpose
14 related to the operation or maintenance of a toll facility.
15 (8)(a) Any person who fails to comply with the court's
16 requirements or who fails to pay the civil penalties specified
17 in this section within the 30-day period provided for in s.
18 318.14 must pay an additional civil penalty of $12, $2.50 of
19 which must be remitted to the Department of Revenue for
20 deposit in the General Revenue Fund, and $9.50 of which must
21 be remitted to the Department of Revenue for deposit in the
22 Highway Safety Operating Trust Fund. The department shall
23 contract with the Florida Association of Court Clerks, Inc.,
24 to design, establish, operate, upgrade, and maintain an
25 automated statewide Uniform Traffic Citation Accounting System
26 to be operated by the clerks of the court which shall include,
27 but not be limited to, the accounting for traffic infractions
28 by type, a record of the disposition of the citations, and an
29 accounting system for the fines assessed and the subsequent
30 fine amounts paid to the clerks of the court. On or before
31 December 1, 2001, the clerks of the court must provide the
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1 information required by this chapter to be transmitted to the
2 department by electronic transmission pursuant to the
3 contract.
4 (b) Any person who fails to comply with the court's
5 requirements as to civil penalties specified in this section
6 due to demonstrable financial hardship shall be authorized to
7 satisfy such civil penalties by public works or community
8 service. Each hour of such service shall be applied, at the
9 rate of the minimum wage, toward payment of the person's civil
10 penalties; provided, however, that if the person has a trade
11 or profession for which there is a community service need and
12 application, the rate for each hour of such service shall be
13 the average standard wage for such trade or profession. Any
14 person who fails to comply with the court's requirements as to
15 such civil penalties who does not demonstrate financial
16 hardship may also, at the discretion of the court, be
17 authorized to satisfy such civil penalties by public works or
18 community service in the same manner.
19 (c) If the noncriminal infraction has caused or
20 resulted in the death of another, the person who committed the
21 infraction may perform 120 community service hours under s.
22 316.027(4), in addition to any other penalties.
23 (9) One hundred dollars for a violation of s.
24 316.1575.
25 (10) Twenty-five dollars for a violation of s.
26 316.2074.
27 (11)(a) Court costs that are to be in addition to the
28 stated fine shall be imposed by the court in an amount not
29 less than the following:
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31 For pedestrian infractions................................$ 3.
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1 For nonmoving traffic infractions.........................$ 6.
2 For moving traffic infractions............................$10.
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4 (b) In addition to the court cost assessed under
5 paragraph (a), the court shall impose a $3 court cost for each
6 infraction to be distributed as provided in s. 938.01 and a $2
7 court cost as provided in s. 938.15 when assessed by a
8 municipality or county.
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10 Court costs imposed under this subsection may not exceed $30.
11 A criminal justice selection center or other local criminal
12 justice access and assessment center may be funded from these
13 court costs.
14 Section 5. Section 320.08035, Florida Statutes, is
15 amended to read:
16 320.08035 Persons who have disabilities; reduced
17 dimension license plate.--The owner or lessee of a motorcycle,
18 moped, or motorized disability access vehicle who resides in
19 this state and qualifies for a parking permit for a person who
20 has a disability under s. 322.181 s. 320.0848, upon
21 application and payment of the appropriate license tax and
22 fees under s. 320.08(1), must be issued a license plate that
23 has reduced dimensions as provided under s. 320.06(3)(a). The
24 plate must be stamped with the international symbol of
25 accessibility after the numeric and alpha serial number of the
26 license plate. The plate entitles the person to all
27 privileges afforded by a disabled parking permit issued under
28 s. 322.181 s. 320.0848.
29 Section 6. Subsection (5) of section 320.084, Florida
30 Statutes, is amended to read:
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1 320.084 Free motor vehicle license plate to certain
2 disabled veterans.--
3 (5) A county or municipality, or any agency thereof,
4 may not impose upon any person who is issued a license plate
5 with the international accessibility symbol, under this
6 section, any fee or penalty for parking in any metered or
7 timed parking space except:
8 (a) As provided in s. 316.1964; or
9 (b) When the person is parked without a permit issued
10 under s. 322.181 s. 320.0848 in a space designated for use by
11 persons who have disabilities.
12 Section 7. Subsection (2) of section 320.0842, Florida
13 Statutes, is amended to read:
14 320.0842 Free motor vehicle license plates to veterans
15 who use wheelchairs.--
16 (2) In order to be eligible for the motor vehicle
17 license plate described in subsection (1), a person must
18 comply with the following provisions:
19 (a) The veteran must be eligible for the license plate
20 issued under s. 320.084 and must apply for the license plate
21 issued under this section in lieu of or in exchange for the
22 motor vehicle license number plate authorized by s. 320.084;
23 and
24 (b) The veteran must offer, in addition to the proof
25 required by s. 320.084(1), proof that due to a
26 service-connected disability he or she permanently uses a
27 wheelchair or proof, in the form of an application that
28 conforms to the requirements set forth in s. 322.181 s.
29 320.0848, that he or she qualifies for a disabled parking
30 permit under that section. The license plate entitles the
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1 person to all privileges afforded by a parking permit issued
2 under s. 322.181 s. 320.0848.
3 Section 8. Subsection (1) of section 320.0843, Florida
4 Statutes, is amended to read:
5 320.0843 License plates for persons with disabilities
6 eligible for permanent disabled parking permits.--
7 (1) Any owner or lessee of a motor vehicle who resides
8 in this state and qualifies for a disabled parking permit
9 under s. 322.181(2) s. 320.0848(2), upon application to the
10 department and payment of the license tax for a motor vehicle
11 registered under s. 320.08(2), (3)(a), (b), (c), or (e),
12 (4)(a) or (b), (6)(a), or (9)(c) or (d), shall be issued a
13 license plate as provided by s. 320.06 which, in lieu of the
14 serial number prescribed by s. 320.06, shall be stamped with
15 the international wheelchair user symbol after the serial
16 number of the license plate. The license plate entitles the
17 person to all privileges afforded by a parking permit issued
18 under s. 322.181 s. 320.0848.
19 Section 9. Subsection (1) of section 322.051, Florida
20 Statutes, is amended to read:
21 322.051 Identification cards.--
22 (1) Any person who is 12 years of age or older, or any
23 person who has a disability, regardless of age, who applies
24 for a disabled parking permit under s. 322.181 s. 320.0848,
25 may be issued an identification card by the department upon
26 completion of an application and payment of an application
27 fee.
28 (a) Each such application shall include the following
29 information regarding the applicant:
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1 1. Full name (first, middle or maiden, and last),
2 gender, social security card number, residence and mailing
3 address, and a brief description.
4 2. Proof of birth date satisfactory to the department.
5 3. Proof of identity satisfactory to the department.
6 Such proof must include one of the following unless a driver's
7 license record or identification card record has already been
8 established: a certified copy of a United States birth
9 certificate, a valid United States passport, an alien
10 registration receipt card (green card), an employment
11 authorization card issued by the United States Department of
12 Justice, or proof of nonimmigrant classification provided by
13 the United States Department of Justice, for an original
14 identification card.
15 (b) An application for an identification card must be
16 signed and verified by the applicant in a format designated by
17 the department before a person authorized to administer oaths.
18 The fee for an identification card is $3, including payment
19 for the color photograph or digital image of the applicant.
20 Section 10. Paragraph (a) of subsection (5) of section
21 526.141, Florida Statutes, is amended to read:
22 526.141 Self-service gasoline stations; attendants;
23 regulations.--
24 (5)(a) Every full-service gasoline station offering
25 self-service at a lesser cost shall require an attendant
26 employed by the station to dispense gasoline from the
27 self-service portion of the station to any motor vehicle
28 properly displaying an exemption parking permit as provided in
29 s. 316.1958 or s. 322.181 s. 320.0848 or a license plate
30 issued pursuant to s. 320.084, s. 320.0842, s. 320.0843, or s.
31 320.0845 when the person to whom such permit has been issued
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CS/HB 1525, First Engrossed
1 is the operator of the vehicle and such service is requested.
2 Such stations shall prominently display a decal no larger than
3 8 square inches on the front of all self-service pumps clearly
4 stating the requirements of this subsection and the penalties
5 applicable to violations of this subsection. The Department
6 of Agriculture and Consumer Services shall enforce this
7 requirement.
8 Section 11. Subsection (3) of section 553.5041,
9 Florida Statutes, is amended to read:
10 553.5041 Parking spaces for persons who have
11 disabilities.--
12 (3) If parking spaces are provided for self-parking by
13 employees or visitors, or both, accessible spaces shall be
14 provided in each such parking area. Such spaces shall be
15 designed and marked for the exclusive use of those individuals
16 who have a severe physical disability and have permanent or
17 temporary mobility problems that substantially impair their
18 ability to ambulate and who have been issued either a disabled
19 parking permit under s. 316.1958 or s. 322.181 s. 320.0848 or
20 a license plate under s. 320.084, s. 320.0842, s. 320.0843, or
21 s. 320.0845.
22 Section 12. This act shall take effect October 1,
23 2002.
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