Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1150
                                Barcode 850294                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 18/AD/2R         .                                
             04/27/2011 03:23 PM       .                                

       Senator Margolis moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 1850 - 1855
    4  and insert:
    5         Section 40. Subsections (1), (2), and (4) of section
    6  320.0848, Florida Statutes, are amended to read:
    7         320.0848 Persons who have disabilities; issuance of
    8  disabled parking permits; temporary permits; permits for certain
    9  providers of transportation services to persons who have
   10  disabilities.—
   11         (1)(a) The Department of Highway Safety and Motor Vehicles
   12  or its authorized agents shall, upon application and receipt of
   13  the fee, issue a disabled parking permit for a period of up to 4
   14  years, which period ends on the applicant’s birthday, to any
   15  person who has long-term mobility impairment, or a temporary
   16  disabled parking permit not to exceed 6 months to any person who
   17  has a temporary mobility impairment. No person will be required
   18  to pay a fee for a parking permit for disabled persons more than
   19  once in a 12-month period from the date of the prior fee
   20  payment.
   21         (b)1. The person must be currently certified as being
   22  legally blind or as having any of the following disabilities
   23  that render him or her unable to walk 200 feet without stopping
   24  to rest:
   25         a. Inability to walk without the use of or assistance from
   26  a brace, cane, crutch, prosthetic device, or other assistive
   27  device, or without the assistance of another person. If the
   28  assistive device significantly restores the person’s ability to
   29  walk to the extent that the person can walk without severe
   30  limitation, the person is not eligible for the exemption parking
   31  permit.
   32         b. The need to permanently use a wheelchair.
   33         c. Restriction by lung disease to the extent that the
   34  person’s forced (respiratory) expiratory volume for 1 second,
   35  when measured by spirometry, is less than 1 liter, or the
   36  person’s arterial oxygen is less than 60 mm/hg on room air at
   37  rest.
   38         d. Use of portable oxygen.
   39         e. Restriction by cardiac condition to the extent that the
   40  person’s functional limitations are classified in severity as
   41  Class III or Class IV according to standards set by the American
   42  Heart Association.
   43         f. Severe limitation in the person’s ability to walk due to
   44  an arthritic, neurological, or orthopedic condition.
   45         2. The certification of disability which is required under
   46  subparagraph 1. must be provided by a physician licensed under
   47  chapter 458, chapter 459, or chapter 460, by a podiatric
   48  physician licensed under chapter 461, by an optometrist licensed
   49  under chapter 463, by an advanced registered nurse practitioner
   50  licensed under chapter 464 under the protocol of a licensed
   51  physician as stated in this subparagraph, by a physician
   52  assistant licensed under chapter 458 or chapter 459, or by a
   53  similarly licensed physician from another state if the
   54  application is accompanied by documentation of the physician’s
   55  licensure in the other state and a form signed by the out-of
   56  state physician verifying his or her knowledge of this state’s
   57  eligibility guidelines.
   58         (c) The certificate of disability must include, but need
   59  not be limited to:
   60         1. The disability of the applicant; the certifying
   61  practitioner’s name and address; the practitioner’s
   62  certification number; the eligibility criteria for the permit;
   63  the penalty for falsification by either the certifying
   64  practitioner or the applicant; the duration of the condition
   65  that entitles the person to the permit; and justification for
   66  the additional placard pursuant to subsection (2).
   67         2. The statement, in bold letters: “A disabled parking
   68  permit may be issued only for a medical necessity that severely
   69  affects mobility.”
   70         3. The signatures of:
   71         a. The applicant’s physician or other certifying
   72  practitioner.
   73         b. The applicant or the applicant’s parent or guardian.
   74         c. The employee of the department’s authorized agent which
   75  employee is processing the application.
   76         (d) Beginning October 1, 2011 April 1, 1999, the Department
   77  of Highway Safety and Motor Vehicles shall renew the disabled
   78  parking permit of any person certified as permanently disabled
   79  on the application if the person applies for renewal in person
   80  and provides a current certificate of disability pursuant to
   81  this subsection.
   82         (e) The Department of Highway Safety and Motor Vehicles
   83  shall, in consultation with the Commission for the
   84  Transportation Disadvantaged, adopt rules, in accordance with
   85  chapter 120, for the issuance of a disabled parking permit to
   86  any organization that can adequately demonstrate a bona fide
   87  need for such a permit because the organization provides regular
   88  transportation services to persons who have disabilities and are
   89  certified as provided in this subsection.
   92         (a) The disabled parking permit is a placard that can be
   93  placed in a motor vehicle so as to be visible from the front and
   94  rear of the vehicle. Each side of the placard must have the
   95  international symbol of accessibility in a contrasting color in
   96  the center so as to be visible. One side of the placard must
   97  display the applicant’s driver’s license number or state
   98  identification card number along with a warning that the
   99  applicant must have such identification at all times while using
  100  the parking permit. In those cases where the severity of the
  101  disability prevents a disabled person from physically visiting
  102  or being transported to a driver license or tax collector office
  103  to obtain a driver’s license or identification card, a
  104  certifying physician may sign the exemption section of the
  105  department’s parking permit application to exempt the disabled
  106  person from being issued a driver’s license or identification
  107  card for the number to be displayed on the parking permit. A
  108  validation sticker must also be issued with each disabled
  109  parking permit, showing the month and year of expiration on each
  110  side of the placard. Validation stickers must be of the size
  111  specified by the Department of Highway Safety and Motor Vehicles
  112  and must be affixed to the disabled parking permits. The
  113  disabled parking permits must use the same colors as license
  114  plate validations.
  115         (b) License plates issued under ss. 320.084, 320.0842,
  116  320.0843, and 320.0845 are valid for the same parking privileges
  117  and other privileges provided under ss. 316.1955, 316.1964, and
  118  526.141(5)(a).
  119         (c) The department shall not issue an additional disabled
  120  parking permit unless the applicant states that he or she is a
  121  frequent traveler or a quadriplegic. The department may not
  122  issue to any one eligible applicant more than two disabled
  123  parking permits except to an organization in accordance with
  124  paragraph (1)(e). Subsections (1), (5), (6), and (7) apply to
  125  this subsection.
  126         (d) If an applicant who is a disabled veteran, is a
  127  resident of this state, has been honorably discharged, and
  128  either has been determined by the Department of Defense or the
  129  United States Department of Veterans Affairs or its predecessor
  130  to have a service-connected disability rating for compensation
  131  of 50 percent or greater or has been determined to have a
  132  service-connected disability rating of 50 percent or greater and
  133  is in receipt of both disability retirement pay from the United
  134  States Department of Veterans Affairs, he or she must still
  135  provide a signed physician’s statement of qualification for the
  136  disabled parking permits.
  137         (e) To obtain a replacement for a disabled parking permit
  138  that has been lost or stolen, a person must appear in person,
  139  submit an application on a form prescribed by the department,
  140  and must pay a replacement fee in the amount of $1.00, to be
  141  retained by the issuing agency. If the person submits with the
  142  application a police report documenting that the permit was
  143  stolen, there is no replacement fee.
  144         (f) A person who qualifies for a disabled parking permit
  145  under this section may be issued an international wheelchair
  146  user symbol license plate under s. 320.0843 in lieu of the
  147  disabled parking permit; or, if the person qualifies for a “DV”
  148  license plate under s. 320.084, such a license plate may be
  149  issued to him or her in lieu of a disabled parking permit.
  151  ================= T I T L E  A M E N D M E N T ================
  152         And the title is amended as follows:
  153         Delete lines 144 - 146
  154  and insert:
  155         cross-references; amending s. 320.0848, F.S.; revising
  156         the requirements for disabled parking permit renewals;
  157         requiring a permitholder to personally appear to
  158         obtain a renewal or replacement permit; revising the
  159         requirements for the deposit of fee proceeds from
  160         temporary disabled parking permits; amending s.