1 | The State Infrastructure Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to disabled parking permits; amending s. |
7 | 320.0848, F.S.; revising requirements for certification of |
8 | disability; removing certain restrictions on certification |
9 | of disability by an advanced registered nurse practitioner |
10 | or a physician assistant; providing for disciplinary |
11 | action for violation by certain certifying practitioners; |
12 | providing an effective date. |
13 |
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14 | Be It Enacted by the Legislature of the State of Florida: |
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16 | Section 1. Paragraphs (b) and (c) of subsection (1) and |
17 | subsection (9) of section 320.0848, Florida Statutes, are |
18 | amended to read: |
19 | 320.0848 Persons who have disabilities; issuance of |
20 | disabled parking permits; temporary permits; permits for certain |
21 | providers of transportation services to persons who have |
22 | disabilities.-- |
23 | (1) |
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 stopping |
27 | to rest: |
28 | a. Inability to walk without the use of or assistance from |
29 | a brace, cane, crutch, prosthetic device, or other assistive |
30 | device, or without the assistance of another person. If the |
31 | assistive device significantly restores the person's ability to |
32 | walk to the extent that the person can walk without severe |
33 | limitation, the person is not eligible for the exemption parking |
34 | permit. |
35 | b. The need to permanently use a wheelchair. |
36 | c. Restriction by lung disease to the extent that the |
37 | person's forced (respiratory) expiratory volume for 1 second, |
38 | when measured by spirometry, is less than 1 liter, or the |
39 | person's arterial oxygen is less than 60 mm/hg on room air at |
40 | rest. |
41 | d. Use of portable oxygen. |
42 | e. Restriction by cardiac condition to the extent that the |
43 | person's functional limitations are classified in severity as |
44 | Class III or Class IV according to standards set by the American |
45 | Heart Association. |
46 | f. Severe limitation in the person's ability to walk due |
47 | to an arthritic, neurological, or orthopedic condition. |
48 | 2. The certification of disability which is required under |
49 | subparagraph 1. must be provided by a physician licensed under |
50 | chapter 458, chapter 459, or chapter 460, by a podiatric |
51 | physician licensed under chapter 461, by an optometrist licensed |
52 | under chapter 463, by an advanced registered nurse practitioner |
53 | licensed under chapter 464 in a facility operated by the United |
54 | States Department of Veterans Affairs under the protocol of a |
55 | licensed physician as stated in this subparagraph, by a |
56 | physician assistant licensed under chapter 458 or chapter 459 in |
57 | a facility operated by the United States Department of Veterans |
58 | Affairs, by the Adjudication Office of the United States |
59 | Department of Veterans Affairs or its predecessor, or by a |
60 | similarly licensed physician from another state if the |
61 | application is accompanied by documentation of the physician's |
62 | licensure in the other state and a form signed by the out-of- |
63 | state physician verifying his or her knowledge of this state's |
64 | eligibility guidelines. |
65 | (c) The certificate of disability must include, but need |
66 | not be limited to: |
67 | 1. The disability of the applicant; the certifying |
68 | practitioner's physician's name and address; the practitioner's |
69 | physician's certification number; the eligibility criteria for |
70 | the permit; the penalty for falsification by either the |
71 | certifying practitioner physician or the applicant; the duration |
72 | of the condition that entitles the person to the permit; and |
73 | justification for the additional placard pursuant to subsection |
74 | (2). |
75 | 2. The statement, in bold letters: "A disabled parking |
76 | permit may be issued only for a medical necessity that severely |
77 | affects mobility." |
78 | 3. The signatures of: |
79 | a. The applicant's physician or other certifying |
80 | practitioner.; |
81 | b. The applicant or the applicant's parent or guardian.; |
82 | and |
83 | c. The employee of the department's authorized agent which |
84 | employee is processing the application. |
85 | (9) A violation of this section is grounds for |
86 | disciplinary action under s. 458.331, s. 459.015, s. 460.413, or |
87 | s. 461.013, s. 463.016, or s. 464.018, as applicable. |
88 | Section 2. This act shall take effect upon becoming a law. |