Florida Senate - 2018                                    SB 1472
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01321-18                                           20181472__
    1                        A bill to be entitled                      
    2         An act relating to disabled parking permits; amending
    3         s. 320.0848, F.S.; requiring a disabled parking permit
    4         to display the applicant’s driver license or
    5         identification card photograph; providing an
    6         exemption; revising and providing penalties for
    7         certain unlawful uses of a permit; amending s. 318.14,
    8         F.S.; conforming provisions to changes made by the
    9         act; amending s. 318.18, F.S.; specifying the amount
   10         of a civil penalty for certain violations; providing
   11         an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (a) of subsection (2), paragraph (a)
   16  of subsection (3), and subsection (7) of section 320.0848,
   17  Florida Statutes, are amended to read:
   18         320.0848 Persons who have disabilities; issuance of
   19  disabled parking permits; temporary permits; permits for certain
   20  providers of transportation services to persons who have
   21  disabilities.—
   22         (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
   23  MOBILITY PROBLEMS.—
   24         (a) The disabled parking permit is a placard that can be
   25  placed in a motor vehicle so as to be visible from the front and
   26  rear of the vehicle.
   27         1. Each side of the placard must display have the
   28  international symbol of accessibility in a contrasting color in
   29  the center so as to be visible.
   30         2. One side of the placard must display:
   31         a. The applicant’s driver license number or state
   32  identification card number along with a warning that the
   33  applicant must have such identification at all times while using
   34  the parking permit.
   35         b.For a parking permit issued on or after July 1, 2018, a
   36  copy of the applicant’s photograph that appears on his or her
   37  driver license or identification card. The photograph must be
   38  concealed by a movable flap or cover in order to protect the
   39  identity of the applicant while the placard is displayed in the
   40  vehicle.
   41         3. In those cases where the severity of the disability
   42  prevents a disabled person from physically visiting or being
   43  transported to a driver license or tax collector office to
   44  obtain a driver license or identification card, a certifying
   45  physician may sign the exemption section of the department’s
   46  parking permit application to exempt the disabled person from
   47  being issued a driver license or identification card for the
   48  number and photograph to be displayed on the parking permit.
   49         4. A validation sticker must also be issued with each
   50  disabled parking permit, showing the month and year of
   51  expiration on each side of the placard. Validation stickers must
   52  be of the size specified by the Department of Highway Safety and
   53  Motor Vehicles and must be affixed to the disabled parking
   54  permits. The disabled parking permits must use the same colors
   55  as license plate validations.
   56         (3) DISABLED PARKING PERMIT; TEMPORARY.—
   57         (a) The temporary disabled parking permit is a placard of a
   58  different color from the color of the long-term disabled parking
   59  permit placard, and must clearly display the date of expiration
   60  in large print and with color coding, but is identical to the
   61  long-term disabled parking permit placard in all other respects,
   62  including, but not limited to, the inclusion of a state
   63  identification card number or driver license number and
   64  photograph on one side of the temporary permit. The temporary
   65  disabled parking permit placard must be designed to
   66  conspicuously display the expiration date of the permit on the
   67  front and back of the placard.
   68         (7)(a)A Any person who fraudulently obtains or unlawfully
   69  displays a disabled parking permit that belongs to another
   70  person while occupying a disabled parking space or an access
   71  aisle as defined in s. 553.5041 while the owner of the permit is
   72  not being transported in the vehicle or who uses an unauthorized
   73  replica of such a disabled parking permit with the intent to
   74  deceive commits is guilty of a misdemeanor of the second degree,
   75  punishable as provided in s. 775.082 or s. 775.083 and by a
   76  mandatory civil fine of $250.
   77         (b)A person who knowingly provides a disabled parking
   78  permit to another person for the purpose of the other person’s
   79  unlawful use as provided in paragraph (a) commits a noncriminal
   80  traffic infraction, punishable as a nonmoving violation as
   81  provided in chapter 318.
   82         (c)A person who displays a disabled parking permit that is
   83  expired commits a noncriminal traffic infraction, punishable as
   84  a nonmoving violation as provided in chapter 318.
   85         Section 2. Subsection (1) of section 318.14, Florida
   86  Statutes, is amended to read:
   87         318.14 Noncriminal traffic infractions; exception;
   88  procedures.—
   89         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
   90  person cited for a violation of chapter 316, s. 320.0605, s.
   91  320.07(3)(a) or (b), s. 320.0848(7)(b) or (c), s. 322.065, s.
   92  322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s.
   93  1006.66(3) is charged with a noncriminal infraction and must be
   94  cited for such an infraction and cited to appear before an
   95  official. If another person dies as a result of the noncriminal
   96  infraction, the person cited may be required to perform 120
   97  community service hours under s. 316.027(4), in addition to any
   98  other penalties.
   99         Section 3. Subsection (23) is added to section 318.18,
  100  Florida Statutes, to read:
  101         318.18 Amount of penalties.—The penalties required for a
  102  noncriminal disposition pursuant to s. 318.14 or a criminal
  103  offense listed in s. 318.17 are as follows:
  104         (23)Two hundred and fifty dollars for a violation of s.
  105  320.0848(7)(b) or (c).
  106         Section 4. This act shall take effect July 1, 2018.