The Florida Senate

320.0848  Persons who have disabilities; issuance of disabled parking permits; temporary permits; permits for certain providers of transportation services to persons who have disabilities.--

(1)

(a)  The Department of Highway Safety and Motor Vehicles or its authorized agents shall, upon application and receipt of the fee, issue a disabled parking permit for a period of up to 4 years that ends on the applicant's birthday to any person who has long-term mobility problems, or a temporary disabled parking permit not to exceed 1 year to any person who has temporary mobility problems. The person must be currently certified by a physician licensed under chapter 458, chapter 459, or chapter 460, or by a podiatrist licensed under chapter 461, by the Division of Blind Services of the Department of Labor and Employment Security, or by the Adjudication Office of the United States Department of Veterans Affairs or its predecessor as being legally blind or as having any of the following disabilities that limit or impair his or her ability to walk:

1.  Inability to walk 200 feet without stopping to rest.

2.  Inability to walk without the use of or assistance from a brace, cane, crutch, prosthetic device, or other assistive device, or without the assistance of another person. If the assistive device significantly restores the person's ability to walk to the extent that the person can walk without severe limitation, the person is not eligible for the exemption parking permit.

3.  The need to permanently use a wheelchair.

4.  Restriction by lung disease to the extent that the person's forced (respiratory) expiratory volume for 1 second, when measured by spirometry, is less than 1 liter, or the person's arterial oxygen is less than 60 mm/hg on room air at rest.

5.  Use of portable oxygen.

6.  Restriction by cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association.

7.  Severe limitation in the person's ability to walk due to an arthritic, neurological, or orthopedic condition.

(b)  The certificate of disability must include, but need not be limited to:

1.  The disability of the applicant; the certifying physician's name and address; the physician's certification number; the eligibility criteria for the permit; the penalty for falsification by either the certifying physician or the applicant; the duration of the condition that entitles the person to the permit; and justification for the additional placard pursuant to subsection (2).

2.  The statement, in bold letters: "A disabled parking permit may be issued only for a medical necessity that severely affects mobility."

3.  The signatures of:

a.  The applicant's physician;

b.  The applicant or the applicant's parent or guardian; and

c.  The employee of the department's authorized agent which employee is processing the application.

(c)  The Department of Highway Safety and Motor Vehicles shall renew the disabled parking permit of any person who has a disability upon presentation of the certification required by paragraph (b).

(d)  The Department of Highway Safety and Motor Vehicles shall, in consultation with the Commission for the Transportation Disadvantaged, adopt rules, in accordance with chapter 120, for the issuance of a disabled parking permit to any organization that can adequately demonstrate a bona fide need for such a permit because the organization provides regular transportation services to persons who have disabilities and are certified as provided in paragraph (a).

(2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM MOBILITY PROBLEMS.--

(a)  The disabled parking permit is a placard that can be placed in a motor vehicle so as to be visible from the front and rear of the vehicle. Each side of the placard must have the international symbol of accessibility in a contrasting color in the center so as to be visible. One side of the placard must display the applicant's driver's license number or state identification card number along with a warning that the applicant must have such identification at all times while using the parking permit. A validation sticker must also be issued with each disabled parking permit, showing the month and year of expiration on each side of the placard. Validation stickers must be of the size specified by the Department of Highway Safety and Motor Vehicles and must be affixed to the disabled parking permits. The disabled parking permits must use the same colors as license plate validations.

(b)  License plates issued under ss. 320.084, 320.0842, 320.0843, and 320.0845 are valid for the same parking privileges and other privileges provided under ss. 316.1955, 316.1964, and 526.141(5)(a).

(c)

1.  Except as provided in subparagraph 2., the fee for a disabled parking permit shall be:

a.  Fifteen dollars for each initial 4-year permit or renewal permit, of which the State Transportation Trust Fund shall receive $13.50 and the tax collector of the county in which the fee was collected shall receive $1.50.

b.  One dollar for each additional or additional renewal 4-year permit, of which the State Transportation Trust Fund shall receive all funds collected.

The department shall not issue an additional disabled parking permit unless the applicant states that they are a frequent traveler or a quadriplegic. The department may not issue to any one eligible applicant more than two disabled parking permits except to an organization in accordance with paragraph (1)(d). Subsections (1), (5), (6), and (7) apply to this subsection.

2.  If an applicant who is a disabled veteran, is a resident of this state, has been honorably discharged, and either has been determined by the Department of Defense or the United States Department of Veterans Affairs or its predecessor to have a service-connected disability rating for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the United States Department of Veterans Affairs and has a signed physician's statement of qualification for the disabled parking permits, the fee for a disabled parking permit shall be:

a.  One dollar and fifty cents for the initial 4-year permit or renewal permit.

b.  One dollar for each additional or additional renewal 4-year permit.

The tax collector of the county in which the fee was collected shall retain all funds received pursuant to this subparagraph.

3.  If an applicant presents to the department a statement from the Federal Government or the State of Florida indicating the applicant is a recipient of supplemental security income, the fee for the disabled parking permit shall be $9 for the initial 4-year permit or renewal permit, of which the State Transportation Trust Fund shall receive $6.75 and the tax collector of the county in which the fee was collected shall receive $2.25.

(3)  DISABLED PARKING PERMIT; TEMPORARY.--

(a)  The temporary disabled parking permit is a placard of a different color from the color of the long-term disabled parking permit placard, and must clearly display the date of expiration, but is in all other respects identical to the long-term disabled parking permit placard. The temporary disabled parking permit placard must be designed to conspicuously display the expiration date of the permit on the front and back of the placard.

(b)  The department shall issue the temporary disabled parking permit for the period of the disability as stated by the certifying physician, but not to exceed 1 year.

(c)  The fee for a temporary disabled parking permit is $15.

(4)  From the proceeds of the temporary disabled parking permit fees:

(a)  The Department of Highway Safety and Motor Vehicles must receive $3.50 for each temporary permit, to be deposited into the Highway Safety Operating Trust Fund and used for implementing the real-time disabled parking permit database and for administering the disabled parking permit program.

(b)  The tax collector, for processing, must receive $2.50 for each temporary permit.

(c)  The remainder must be distributed monthly as follows:

1.  To the Florida Governor's Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities for persons who have disabilities, with special emphasis on removing transportation barriers, $4. These fees must be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governor's Alliance for Employment of Disabled Citizens.

2.  To the Transportation Disadvantaged Trust Fund to be used for funding matching grants to counties for the purpose of improving transportation of persons who have disabilities, $5.

(5)  The applications for disabled parking permits and temporary disabled parking permits are official state documents. The following statement must appear on each application form immediately below the physician's signature and immediately below the applicant's signature: "Knowingly providing false information on this application is a misdemeanor of the first degree, punishable as provided in s. 775.082, Florida Statutes, or s. 775.083, Florida Statutes. The penalty is up to 1 year in jail or a fine of $1,000, or both."

(6)  Any person who knowingly makes a false or misleading statement in an application or certification under this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

¹(7)  Any person who fraudulently obtains or unlawfully uses such a disabled parking permit or who uses an unauthorized replica of such a disabled parking permit with the intent to deceive is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(8)  A law enforcement officer may confiscate the disabled parking permit from any person who fraudulently obtains and uses such a permit.

(9)  A violation of this section is grounds for disciplinary action under s. 458.331, s. 459.015, s. 460.413, or s. 461.013, as applicable.

(10)  The Department of Highway Safety and Motor Vehicles shall adopt rules to administer this section.

History.--s. 7, ch. 79-82; s. 3, ch. 80-196; s. 32, ch. 83-318; s. 4, ch. 84-108; s. 7, ch. 85-227; s. 1, ch. 86-237; s. 1, ch. 87-220; s. 1, ch. 90-28; s. 18, ch. 90-330; s. 66, ch. 93-120; s. 1, ch. 93-127; s. 12, ch. 93-268; s. 356, ch. 95-148; s. 7, ch. 95-327; s. 12, ch. 96-200; s. 8, ch. 96-296; s. 52, ch. 96-350; s. 51, ch. 97-100; s. 69, ch. 97-264; s. 12, ch. 97-300.

¹Note.--As redesignated from subsection (6) to subsection (7) and amended by s. 12, ch. 96-200. This version is published as the last expression of legislative will (see Journal of the House of Representatives 1996, pp. 1777, 2145). This subsection was also amended by s. 52, ch. 96-350. The subsection, now designated as subsection (7), as amended by s. 52, ch. 96-350, reads:

(7)  Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permit with the intent to deceive is guilty of a nonmoving traffic violation, punishable as provided in ss. 316.008(4) and 318.18(6).