1 | A bill to be entitled |
2 | An act relating to disabled parking permits; amending s. |
3 | 320.0848, F.S.; revising requirements for certification of |
4 | disability; removing certain restrictions on certification |
5 | of disability by an advanced registered nurse practitioner |
6 | or a physician assistant; providing for disciplinary |
7 | action for violation by certain certifying practitioners; |
8 | providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Paragraphs (b) and (c) of subsection (1) and |
13 | subsection (9) of section 320.0848, Florida Statutes, are |
14 | amended to read: |
15 | 320.0848 Persons who have disabilities; issuance of |
16 | disabled parking permits; temporary permits; permits for certain |
17 | providers of transportation services to persons who have |
18 | disabilities.-- |
19 | (1) |
20 | (b)1. The person must be currently certified as being |
21 | legally blind or as having any of the following disabilities |
22 | that render him or her unable to walk 200 feet without stopping |
23 | to rest: |
24 | a. Inability to walk without the use of or assistance from |
25 | a brace, cane, crutch, prosthetic device, or other assistive |
26 | device, or without the assistance of another person. If the |
27 | assistive device significantly restores the person's ability to |
28 | walk to the extent that the person can walk without severe |
29 | limitation, the person is not eligible for the exemption parking |
30 | permit. |
31 | b. The need to permanently use a wheelchair. |
32 | c. Restriction by lung disease to the extent that the |
33 | person's forced (respiratory) expiratory volume for 1 second, |
34 | when measured by spirometry, is less than 1 liter, or the |
35 | person's arterial oxygen is less than 60 mm/hg on room air at |
36 | rest. |
37 | d. Use of portable oxygen. |
38 | e. Restriction by cardiac condition to the extent that the |
39 | person's functional limitations are classified in severity as |
40 | Class III or Class IV according to standards set by the American |
41 | Heart Association. |
42 | f. Severe limitation in the person's ability to walk due |
43 | to an arthritic, neurological, or orthopedic condition. |
44 | 2. The certification of disability which is required under |
45 | subparagraph 1. must be provided by a physician licensed under |
46 | chapter 458, chapter 459, or chapter 460, by a podiatric |
47 | physician licensed under chapter 461, by an optometrist licensed |
48 | under chapter 463, by an advanced registered nurse practitioner |
49 | licensed under chapter 464 in a facility operated by the United |
50 | States Department of Veterans Affairs under the protocol of a |
51 | licensed physician as stated in this subparagraph, by a |
52 | physician assistant licensed under chapter 458 or chapter 459 in |
53 | a facility operated by the United States Department of Veterans |
54 | Affairs, by the Adjudication Office of the United States |
55 | Department of Veterans Affairs or its predecessor, or by a |
56 | similarly licensed physician from another state if the |
57 | application is accompanied by documentation of the physician's |
58 | licensure in the other state and a form signed by the out-of- |
59 | state physician verifying his or her knowledge of this state's |
60 | eligibility guidelines. |
61 | (c) The certificate of disability must include, but need |
62 | not be limited to: |
63 | 1. The disability of the applicant; the certifying |
64 | practitioner's physician's name and address; the practitioner's |
65 | physician's certification number; the eligibility criteria for |
66 | the permit; the penalty for falsification by either the |
67 | certifying practitioner physician or the applicant; the duration |
68 | of the condition that entitles the person to the permit; and |
69 | justification for the additional placard pursuant to subsection |
70 | (2). |
71 | 2. The statement, in bold letters: "A disabled parking |
72 | permit may be issued only for a medical necessity that severely |
73 | affects mobility." |
74 | 3. The signatures of: |
75 | a. The applicant's physician or other certifying |
76 | practitioner.; |
77 | b. The applicant or the applicant's parent or guardian.; |
78 | and |
79 | c. The employee of the department's authorized agent which |
80 | employee is processing the application. |
81 | (9) A violation of this section is grounds for |
82 | disciplinary action under s. 458.331, s. 459.015, s. 460.413, or |
83 | s. 461.013, s. 463.016, or s. 464.018, as applicable. |
84 | Section 2. This act shall take effect upon becoming a law. |