2012 Legislature                    CS for SB 226, 1st Engrossed
    2         An act relating to disabled parking permits; amending
    3         s. 318.18, F.S.; providing for a parking enforcement
    4         specialist or agency to validate compliance for the
    5         disposition of a citation issued for illegally parking
    6         in a space provided for people who have disabilities;
    7         amending s. 320.0848, F.S.; revising requirements for
    8         renewal or replacement of a disabled parking permit;
    9         prohibiting applying for a new disabled parking permit
   10         for a certain period of time upon a second finding of
   11         guilt or plea of nolo contendere to unlawful use of
   12         such permit; requiring the Department of Highway
   13         Safety and Motor Vehicles to randomly review disabled
   14         parking permitholders, verify certain information, and
   15         invalidate the permit of a deceased permitholder;
   16         directing the department to implement a means for
   17         reporting abuse of disabled parking permits; providing
   18         an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (6) of section 318.18, Florida
   23  Statutes, is amended to read:
   24         318.18 Amount of penalties.—The penalties required for a
   25  noncriminal disposition pursuant to s. 318.14 or a criminal
   26  offense listed in s. 318.17 are as follows:
   27         (6) One hundred dollars or the fine amount designated by
   28  county ordinance, plus court costs for illegally parking, under
   29  s. 316.1955, in a parking space provided for people who have
   30  disabilities. However, this fine shall will be waived if a
   31  person provides to the law enforcement agency or parking
   32  enforcement specialist or agency that issued the citation for
   33  such a violation proof that the person committing the violation
   34  has a valid parking permit or license plate issued pursuant to
   35  s. 316.1958, s. 320.0842, s. 320.0843, s. 320.0845, or s.
   36  320.0848 or a signed affidavit that the owner of the disabled
   37  parking permit or license plate was present at the time the
   38  violation occurred, and that such a parking permit or license
   39  plate was valid at the time the violation occurred. The law
   40  enforcement officer or agency or the parking enforcement
   41  specialist or agency, upon determining that all required
   42  documentation has been submitted verifying that the required
   43  parking permit or license plate was valid at the time of the
   44  violation, must sign an affidavit of compliance. Upon provision
   45  of the affidavit of compliance and payment of a dismissal fee of
   46  up to $7.50 to the clerk of the circuit court, the clerk shall
   47  dismiss the citation.
   48         Section 2. Paragraph (d) of subsection (1), paragraph (e)
   49  of subsection (2), and subsection (8) of section 320.0848,
   50  Florida Statutes, are amended, present subsections (9) and (10)
   51  are renumbered as subsections (11) and (12), respectively, and
   52  new subsections (9) and (10) are added to that section, to read:
   53         320.0848 Persons who have disabilities; issuance of
   54  disabled parking permits; temporary permits; permits for certain
   55  providers of transportation services to persons who have
   56  disabilities.—
   57         (1)
   58         (d) Beginning October 1, 2012 April 1, 1999, the department
   59  of Highway Safety and Motor Vehicles shall renew the disabled
   60  parking permit of any person certified as permanently disabled
   61  on the application if the person provides a certificate of
   62  disability issued within the last 12 months pursuant to this
   63  subsection.
   66         (e) To obtain a replacement for a disabled parking permit
   67  that has been lost or stolen, a person must submit an
   68  application on a form prescribed by the department, provide a
   69  certificate of disability issued within the last 12 months
   70  pursuant to subsection (1), and must pay a replacement fee in
   71  the amount of $1 $1.00, to be retained by the issuing agency. If
   72  the person submits with the application a police report
   73  documenting that the permit was stolen, there is no replacement
   74  fee.
   75         (8) A law enforcement officer or a parking enforcement
   76  specialist may confiscate the disabled parking permit from any
   77  person who fraudulently obtains or unlawfully uses such a
   78  permit. A law enforcement officer or a parking enforcement
   79  specialist may confiscate any disabled parking permit that is
   80  expired, reported as lost or stolen, or defaced, or that does
   81  not display a personal identification number.
   82         (a) Beginning April 1, 1999, The permit number of each
   83  confiscated permit must be submitted to the department of
   84  Highway Safety and Motor Vehicles, and the fact that the permit
   85  has been confiscated must be noted on the permitholder’s record.
   86  If two permits issued to the same person have been confiscated,
   87  the department of Highway Safety and Motor Vehicles shall refer
   88  the information to the central abuse hotline of the Department
   89  of Children and Family Services for an investigation of
   90  potential abuse, neglect, or exploitation of the permit owner.
   91         (b) A confiscated permit must be held as evidence until a
   92  judicial decision about the violation has been made. After a
   93  finding of guilt has been made or a plea of nolo contendere has
   94  been entered, the charging agency shall destroy the confiscated
   95  permit. A confiscated permit may not, under any circumstances,
   96  be returned to its registered owner after a finding of guilt has
   97  been made or a plea of nolo contendere has been entered in
   98  court. If a finding of guilt has been made or a plea of nolo
   99  contendere has been entered for fraudulent or other unlawful use
  100  of a disabled parking permit after a prior finding of guilt or
  101  plea of nolo contendere for fraudulent or other unlawful use of
  102  a disabled parking permit issued to the same registered
  103  permitholder, the permitholder may not apply for a new disabled
  104  parking permit for 4 years. The permit number of each destroyed
  105  permit must be reported to the department, and the department
  106  must record in the real-time disabled parking permit database
  107  that the permit has been invalidated.
  108         (9)(a) At least once every 6 months, the department shall
  109  randomly review disabled parking permitholders to ensure that
  110  all required criteria for the ownership and possession of such
  111  permit remain valid. As a component of the review, the
  112  department shall, at a minimum:
  113         1. Review death records maintained by the Department of
  114  Health to ensure that the permitholder has not died.
  115         2. Review the number of times the permit has been
  116  confiscated for fraudulent or unlawful use, if at all.
  117         3. Determine if the permit has ever been reported lost or
  118  stolen and, if so, determine the current status of the permit.
  119         (b) At least annually, the department shall verify that the
  120  owner of each disabled parking permit has not died. Such
  121  verification shall include, but need not be limited to,
  122  consultation of death records maintained by the Department of
  123  Health. If a disabled parking permitholder is found to be
  124  deceased, the department shall promptly invalidate the
  125  decedent’s disabled parking permit.
  126         (10) The department shall develop and implement a means by
  127  which persons can report abuse of disabled parking permits by
  128  telephone hotline or by submitting a form online or by mail.
  129         Section 3. This act shall take effect July 1, 2012.