House Bill 3983

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    Florida House of Representatives - 1998                HB 3983

        By Representatives Jacobs, Morse, Fasano, Crist, Heyman,
    Bloom, Wise and Maygarden





  1                      A bill to be entitled

  2         An act relating to the use of motor vehicles by

  3         persons who have disabilities; amending s.

  4         316.1955, F.S.; amending standards for

  5         accessible parking spaces and parking access

  6         aisles; providing violations; providing

  7         penalties; amending s. 316.1958, F.S.;

  8         providing that a special motor vehicle license

  9         plate or parking permit issued by another

10         state, district, or country is invalid with

11         respect to a person who must have a Florida

12         vehicle registration; amending s. 316.1964,

13         F.S.; amending circumstances in which vehicles

14         are exempt from paying parking fees and

15         penalties; amending s. 318.18, F.S.; increasing

16         the amount of the fine for illegally parking in

17         a parking space for disabled persons; amending

18         procedures for dismissing such fines and for

19         distributing the proceeds of such fines;

20         amending s. 320.0842, F.S.; amending

21         prerequisites to qualifying for a free license

22         plate as a veteran who uses a wheelchair due to

23         a service-connected disability; amending s.

24         320.0843, F.S.; amending provisions related to

25         license plates for wheelchair users; amending

26         s. 320.0848, F.S.; amending provisions relating

27         to the issuance of disabled parking permits;

28         amending prerequisites; providing for

29         replacement permits; providing for

30         alternatives; amending requirements for the

31         design of temporary permits; providing for a

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  1         hearing concerning false statements or

  2         misleading information on applications;

  3         providing penalties for unlawfully displaying a

  4         disabled parking permit; providing additional

  5         grounds for confiscation of a disabled parking

  6         permit; providing for recordkeeping related to

  7         confiscation; requiring a hearing after a

  8         specified number of confiscations from a single

  9         permitholder; providing for revoking the

10         privilege of applying for a disabled parking

11         permit; providing procedures related to

12         confiscations and revocations; providing an

13         effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Subsections (4), (5), (6), and (7) of

18  section 316.1955, Florida Statutes, are amended, present

19  subsections (8) and (9) of that section are renumbered as

20  subsections (9) and (10), respectively, and a new subsection

21  (8) is added to that section, to read:

22         316.1955  Parking spaces for persons who have

23  disabilities.--

24         (4)  The number of accessible parking spaces must

25  comply with the parking requirements in ADAAG s. 4.1 and the

26  following:

27         (a)  There must be one accessible parking space in the

28  immediate vicinity of a publicly owned or leased building that

29  houses a governmental entity or a political subdivision,

30  including, but not limited to, state office buildings and

31

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  1  courthouses, if no parking for the public is provided on the

  2  premises of the building.;

  3         (b)  There must be one accessible parking space for

  4  each 150 metered onstreet parking spaces provided by state

  5  agencies and political subdivisions.;

  6         (c)  In each lot that contains more than 1,000 parking

  7  spaces, at least 2 percent of the total number of parking

  8  spaces must be accessible parking spaces.

  9         (d)(c)  The number of parking spaces for persons who

10  have disabilities must be increased on the basis of

11  demonstrated and documented need.

12         (5)  Accessible perpendicular and diagonal accessible

13  parking spaces and loading zones must be designed and located

14  in conformance with the guidelines set forth in ADAAG ss.

15  4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking

16  Design."

17         (a)  All spaces must be located on an accessible route

18  no less than 44 inches wide so that users will not be

19  compelled to walk or wheel behind parked vehicles.

20         (b)  Each space must be located on the shortest safely

21  accessible route from the parking space to an accessible

22  entrance. If there are multiple entrances or multiple retail

23  stores, the parking spaces must be dispersed to provide

24  parking at the nearest accessible entrance.  If a theme park

25  or an entertainment complex as defined in s. 509.013(9)

26  provides parking in several lots or areas from which access to

27  the theme park or entertainment complex is provided, a single

28  lot or area may be designated for parking by persons who have

29  disabilities, if the lot or area is located on the shortest

30  safely accessible route to an accessible entrance to the theme

31

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  1  park or entertainment complex or to transportation to such an

  2  accessible entrance.

  3         (c)1.  Each parking space must be no less than 12 feet

  4  wide.  Parking access aisles must be no less than 5 feet wide

  5  and must be part of an accessible route to the building or

  6  facility entrance. The parking access aisles are reserved for

  7  the use of persons who have disabled parking permits, and

  8  violators are subject to the same penalties that are imposed

  9  for illegally parking in parking spaces that are designated

10  for persons who have disabilities. Two accessible parking

11  spaces may share a common access aisle. The access aisle must

12  be striped diagonally to designate it as a no-parking zone.

13         2.  The parking access aisles are reserved for the

14  temporary exclusive use of persons who have disabled parking

15  permits and who require extra space to deploy a mobility

16  device, lift, or ramp in order to exit from or enter a

17  vehicle. Violators are subject to the same penalties that are

18  imposed for illegally parking in parking spaces that are

19  designated for persons who have disabilities. A vehicle may

20  not be parked in an access aisle, even if the vehicle owner or

21  passenger is disabled or owns a disabled parking permit.

22         3.  The driver of a vehicle that is parked in an

23  accessible parking space may not be penalized for parking,

24  except in clearly defined bus loading zones, fire zones, or

25  access aisles adjacent to the accessible parking spaces or in

26  areas posted as "no parking" zones or emergency vehicle zones,

27  or for parking in excess of the posted time limits unless

28  provided by s. 316.1964(5).

29         4.  Any provision of this subsection to the contrary

30  notwithstanding, a theme park or an entertainment complex as

31  defined in s. 509.013(9) in which are provided continuous

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  1  attendant services for directing individuals to marked

  2  accessible parking spaces or designated lots for parking by

  3  persons who have disabilities, may, in lieu of the required

  4  parking space design, provide parking spaces that comply with

  5  ss. 4.1 and 4.6 of the Americans with Disabilities Act

  6  Accessibility Guidelines.

  7         (d)  On-street parallel parking spaces must be located

  8  either at the beginning or end of a block or adjacent to alley

  9  entrances. Such spaces must be designed in conformance with

10  the guidelines set forth in ADAAG ss. 4.6.2 through 4.6.5.

11  exception:  access aisles are not required. Curbs adjacent to

12  such spaces must be of a height that will not interfere with

13  the opening and closing of motor vehicle doors. This

14  subsection does not relieve the owner of the responsibility to

15  comply with the parking requirements of ADAAG ss. 4.1 and 4.6.

16         (e)  Parallel parking spaces must be even with surface

17  slopes, may match the grade of the adjacent travel lane, and

18  must not exceed a cross slope of 1 to 50, where feasible.

19         (f)  Curb ramps must be located outside of the disabled

20  parking spaces and access aisles.

21         (g)1.  The removal of architectural barriers from a

22  parking facility in accordance with 28 C.F.R. s. 36.304 or

23  with s. 553.508 must comply with this section unless

24  compliance would cause the barrier removal not to be readily

25  achievable.  If compliance would cause the barrier removal not

26  to be readily achievable, a facility may provide parking

27  spaces at alternative locations for persons who have

28  disabilities and provide appropriate signage directing persons

29  who have disabilities to the alternative parking if readily

30  achievable.  The facility may not reduce the required number

31  or dimensions of those spaces, nor may it unreasonably

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  1  increase the length of the accessible route from a parking

  2  space to the facility.  The removal of an architectural

  3  barrier must not create a significant risk to the health or

  4  safety of a person who has a disability or to that of others.

  5         2.  A facility that is making alterations under s.

  6  553.507(2)(b) must comply with this section to the maximum

  7  extent feasible.  If compliance with parking location

  8  requirements is not feasible, the facility may provide parking

  9  spaces at alternative locations for persons who have

10  disabilities and provide appropriate signage directing persons

11  who have a disability to alternative parking.  The facility

12  may not reduce the required number or dimensions of those

13  spaces, nor may it unnecessarily increase the length of the

14  accessible route from a parking space to the facility.  The

15  alteration must not create a significant risk to the health or

16  safety of a person who has a disability or to that of others.

17         (6)  Each such parking space must be prominently

18  outlined with blue paint, and must be repainted when

19  necessary, to be clearly distinguishable as a parking space

20  designated for persons who have disabilities and must be

21  posted with a permanent above-grade sign of a color and design

22  approved by the Department of Transportation, which is placed

23  on or at a distance of 84 inches above the ground to the

24  bottom of the sign and which bears bearing the international

25  symbol of accessibility meeting the requirements of ADAAG s.

26  4.30.7 and the caption "PARKING BY DISABLED PERMIT ONLY." Such

27  a sign erected after October 1, 1996, must indicate the

28  penalty for illegal use of the space. Any provision of this

29  section to the contrary notwithstanding, in a theme park or an

30  entertainment complex as defined in s. 509.013(9) in which

31  accessible parking is located in designated lots or areas, the

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  1  signage indicating the lot as reserved for accessible parking

  2  may be located at the entrances to the lot in lieu of a sign

  3  at each parking place. This subsection does not relieve the

  4  owner of the responsibility of complying with the signage

  5  requirements of ADAAG s. 4.30.

  6         (7)  It is unlawful for any person to stop, stand, or

  7  park a vehicle within, or to obstruct, any such specially

  8  designated and marked parking space provided in accordance

  9  with this section, unless the vehicle displays a disabled

10  parking permit issued under s. 316.1958 or s. 320.0848 or a

11  license plate issued under s. 320.084, s. 320.0842, s.

12  320.0843, or s. 320.0845, and the vehicle is transporting the

13  person to whom the displayed permit is issued. The violation

14  may not be dismissed for lack of proper signage or for failure

15  of the markings on the parking space to comply with this

16  section if the space is in general compliance and is clearly

17  distinguishable as a designated accessible parking space for

18  people who have disabilities.

19         (a)  Whenever a law enforcement officer, a parking

20  enforcement specialist, or the owner or lessee of the space

21  finds a vehicle in violation of this subsection, that officer,

22  owner, or lessor shall have the vehicle in violation removed

23  to any lawful parking space or facility or require the

24  operator or other person in charge of the vehicle immediately

25  to remove the unauthorized vehicle from the parking space.

26  Whenever any vehicle is removed under this section to a

27  storage lot, garage, or other safe parking space, the cost of

28  the removal and parking constitutes a lien against the

29  vehicle.

30         (b)  The officer or specialist shall charge the

31  operator or other person in charge of the vehicle in violation

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  1  with a noncriminal traffic infraction, punishable as provided

  2  in s. 316.008(4) or s. 318.18(6).

  3         (c)  All convictions for violations of this section

  4  must be reported to the Department of Highway Safety and Motor

  5  Vehicles by the clerk of the court.

  6         (d)  A law enforcement officer or a parking enforcement

  7  specialist has the right to demand to be shown the person's

  8  disabled parking permit and driver's license or state

  9  identification card when investigating the possibility of a

10  violation of this section.  If such a request is refused, the

11  person in charge of the vehicle may be charged with resisting

12  an officer without violence, as provided in s. 843.02, or may

13  be issued a citation for a violation of this section which

14  violation constitutes a noncriminal traffic infraction as

15  provided in s. 316.008.

16         (8)  It is unlawful for any person to obstruct the path

17  of travel to an accessible parking space, curb cut, or access

18  aisle by standing or parking a vehicle within any such

19  designated area. The violator is subject to the same penalties

20  as are imposed for illegally parking in a space that is

21  designated as an accessible parking space for persons who have

22  disabilities.

23         Section 2.  Section 316.1958, Florida Statutes, is

24  amended to read:

25         316.1958  Out-of-state vehicles bearing identification

26  of issuance to persons who have disabilities.--Motor vehicles

27  displaying a special license plate or parking permit issued to

28  a person who has a disability by any other state or district

29  subject to the laws of the United States or by a foreign

30  country that issues disabled parking permits that display the

31  international symbol of accessibility are recognized as

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  1  displaying a valid license plate or permit, that allows such a

  2  vehicle special parking privileges under s. 316.1955, if the

  3  other state or district grants reciprocal recognition for

  4  residents of this state who have disabilities. However, when

  5  an individual is required by law to have a Florida driver's

  6  license or a Florida vehicle registration, a special motor

  7  vehicle license plate or parking permit issued by another

  8  state, district, or country to persons who have disabilities

  9  is not valid and the individual whose vehicle displays such an

10  invalid plate or permit is subject to the same penalty as an

11  individual whose vehicle does not display a valid plate or

12  permit.

13         Section 3.  Subsections (5) and (8) of section

14  316.1964, Florida Statutes, are amended to read:

15         316.1964  Exemption of vehicles transporting certain

16  persons who have disabilities from payment of parking fees and

17  penalties.--

18         (5)  Notwithstanding subsection (1), when an on-street

19  a parking meter restricts the duration of time that a vehicle

20  may be parked, a vehicle properly displaying a disabled

21  parking permit is allowed a  maximum of 4 hours at no charge;

22  however, local governments may extend such time by local

23  ordinance.

24         (8)  Notwithstanding subsection (1), a county,

25  municipality, or any agency thereof may charge for parking in

26  a facility or lot that provides timed parking spaces any space

27  a vehicle that displays a disabled parking permit, except that

28  any vehicle with specialized equipment, such as ramps, lifts,

29  or foot or hand controls, for use by a person who has a

30  disability, or any vehicle that is displaying the Florida Toll

31  Exemption permit, is exempt from any parking fees.

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  1         Section 4.  Subsection (6) of section 318.18, Florida

  2  Statutes, is amended to read:

  3         318.18  Amount of civil penalties.--The penalties

  4  required for a noncriminal disposition pursuant to s. 318.14

  5  are as follows:

  6         (6)  Two hundred fifty One hundred dollars for

  7  illegally parking, under s. 316.1955, in a parking space

  8  provided for people who have disabilities. However, this fine

  9  will be waived if a person provides to the law enforcement

10  officer who issued the citation for such a violation or to the

11  sheriff's office proof disabled persons under s. 316.1955 or

12  s. 316.1956 or provide proof to the clerk of the circuit court

13  that the person committing the violation has a valid parking

14  permit or license plate issued pursuant to s. 316.1958, s.

15  320.0842, s. 320.0843, s. 320.0845, or s. 320.0848 or and a

16  signed affidavit that the owner of the disabled parking permit

17  or license plate was present at the time the violation

18  occurred, and that such a parking permit or license plate was

19  valid at the time the violation occurred. The law enforcement

20  officer or a representative of the sheriff's office, upon

21  determining that all required documentation has been submitted

22  and shows that the required parking permit or license plate

23  was valid at the time of the violation, must sign an affidavit

24  of compliance. Upon provision of the affidavit of compliance

25  proof of such a valid parking permit or license plate and

26  payment of a $5 dismissal fee to the clerk of the circuit

27  court, the clerk shall dismiss the citation.

28         Section 5.  Subsection (2) of section 320.0842, Florida

29  Statutes, is amended to read:

30         320.0842  Free motor vehicle license plates to veterans

31  who use wheelchairs.--

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  1         (2)  In order to be eligible for the motor vehicle

  2  license plate described in subsection (1), a person must

  3  comply with the following provisions:

  4         (a)  The veteran must be eligible for the license plate

  5  issued under s. 320.084 and must apply for the license plate

  6  issued under this section in lieu of or in exchange for the

  7  motor vehicle license number plate authorized by s. 320.084;

  8  and

  9         (b)  The veteran must offer, in addition to the proof

10  required by s. 320.084(1), proof that due to a

11  service-connected disability he or she permanently uses a

12  wheelchair or proof, in the form of an application that

13  conforms to the requirements set forth in s. 320.0848, that he

14  or she qualifies for a disabled parking permit under that

15  section. The license plate entitles the person to all

16  privileges afforded by a parking permit issued under s.

17  320.0848.

18         Section 6.  Section 320.0843, Florida Statutes, is

19  amended to read:

20         320.0843  License plates for wheelchair users.--

21         (1)  Any owner or lessee of a motor vehicle who resides

22  in this state and qualifies for a disabled parking permit

23  under s. 320.0848 is permanently confined to a wheelchair,

24  upon application to the department accompanied by competent

25  and appropriate proof of disability, and upon payment of the

26  license tax for a motor vehicle registered under s. 320.08(2),

27  (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or (9)(c) or

28  (d), shall be issued a license plate as provided by s. 320.06

29  which, in lieu of the serial number prescribed by s. 320.06,

30  shall be stamped with the international wheelchair user symbol

31  after the serial number of the license plate.  The license

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  1  plate entitles the person to all privileges afforded by a

  2  parking permit issued under s. 320.0848.

  3         (2)  All applications for such license plates must

  4  shall be made to the department.

  5         Section 7.  Section 320.0848, Florida Statutes, is

  6  amended to read:

  7         320.0848  Persons who have disabilities; issuance of

  8  disabled parking permits; temporary permits; permits for

  9  certain providers of transportation services to persons who

10  have disabilities.--

11         (1)(a)  The Department of Highway Safety and Motor

12  Vehicles or its authorized agents shall, upon application and

13  receipt of the fee, issue a disabled parking permit for a

14  period of up to 4 years, which period that ends on the

15  applicant's birthday, to any person who has long-term mobility

16  impairment problems, or a temporary disabled parking permit

17  not to exceed 1 year to any person who has a temporary

18  mobility impairment problems.

19         (b)1.  The person must be currently certified by a

20  physician licensed under chapter 458, chapter 459, or chapter

21  460, or by a podiatrist licensed under chapter 461, by the

22  Division of Blind Services of the Department of Labor and

23  Employment Security, or by the Adjudication Office of the

24  United States Department of Veterans Affairs or its

25  predecessor as being legally blind or as having any of the

26  following disabilities that render him limit or impair his or

27  her unable ability to walk 200 feet without stopping to rest:

28         1.  Inability to walk 200 feet without stopping to

29  rest.

30         a.2.  Inability to walk without the use of or

31  assistance from a brace, cane, crutch, prosthetic device, or

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  1  other assistive device, or without the assistance of another

  2  person.  If the assistive device significantly restores the

  3  person's ability to walk to the extent that the person can

  4  walk without severe limitation, the person is not eligible for

  5  the exemption parking permit.

  6         b.3.  The need to permanently use a wheelchair.

  7         c.4.  Restriction by lung disease to the extent that

  8  the person's forced (respiratory) expiratory volume for 1

  9  second, when measured by spirometry, is less than 1 liter, or

10  the person's arterial oxygen is less than 60 mm/hg on room air

11  at rest.

12         d.5.  Use of portable oxygen.

13         e.6.  Restriction by cardiac condition to the extent

14  that the person's functional limitations are classified in

15  severity as Class III or Class IV according to standards set

16  by the American Heart Association.

17         f.7.  Severe limitation in the person's ability to walk

18  due to an arthritic, neurological, or orthopedic condition.

19         2.  The certification of disability which is required

20  under subparagraph 1. must be provided by a physician licensed

21  under chapter 458, chapter 459, or chapter 460, by a

22  podiatrist licensed under chapter 461, by an optometrist

23  licensed under chapter 463, by the Adjudication Office of the

24  United States Department of Veterans Affairs or its

25  predecessor, or by a similarly licensed physician from another

26  state if the application is accompanied by documentation of

27  the physician's licensure in the other state and a form signed

28  by the out-of-state physician verifying his or her knowledge

29  of this state's eligibility guidelines and acknowledging that

30  the privilege of signing a Florida application can be revoked

31

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  1  upon a determination that the application was signed for a

  2  permit recipient who does not meet the guidelines.

  3         (c)(b)  The certificate of disability must include, but

  4  need not be limited to:

  5         1.  The disability of the applicant; the certifying

  6  physician's name and address; the physician's certification

  7  number; the eligibility criteria for the permit; the penalty

  8  for falsification by either the certifying physician or the

  9  applicant; the duration of the condition that entitles the

10  person to the permit; and justification for the additional

11  placard pursuant to subsection (2).

12         2.  The statement, in bold letters: "A disabled parking

13  permit may be issued only for a medical necessity that

14  severely affects mobility."

15         3.  The signatures of:

16         a.  The applicant's physician;

17         b.  The applicant or the applicant's parent or

18  guardian; and

19         c.  The employee of the department's authorized agent

20  which employee is processing the application.

21         (d)(c)  The Department of Highway Safety and Motor

22  Vehicles shall renew the disabled parking permit of any person

23  who has a disability upon presentation of the certification

24  required by paragraph (c)(b).

25         (e)(d)  The Department of Highway Safety and Motor

26  Vehicles shall, in consultation with the Commission for the

27  Transportation Disadvantaged, adopt rules, in accordance with

28  chapter 120, for the issuance of a disabled parking permit to

29  any organization that can adequately demonstrate a bona fide

30  need for such a permit because the organization provides

31  regular transportation services to persons who have

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  1  disabilities and are certified as provided in paragraphs

  2  paragraph (a) and (b).

  3         (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM

  4  MOBILITY PROBLEMS.--

  5         (a)  The disabled parking permit is a placard that can

  6  be placed in a motor vehicle so as to be visible from the

  7  front and rear of the vehicle. Each side of the placard must

  8  have the international symbol of accessibility in a

  9  contrasting color in the center so as to be visible. One side

10  of the placard must display the applicant's driver's license

11  number or state identification card number along with a

12  warning that the applicant must have such identification at

13  all times while using the parking permit. A validation sticker

14  must also be issued with each disabled parking permit, showing

15  the month and year of expiration on each side of the placard.

16  Validation stickers must be of the size specified by the

17  Department of Highway Safety and Motor Vehicles and must be

18  affixed to the disabled parking permits. The disabled parking

19  permits must use the same colors as license plate validations.

20         (b)  License plates issued under ss. 320.084, 320.0842,

21  320.0843, and 320.0845 are valid for the same parking

22  privileges and other privileges provided under ss. 316.1955,

23  316.1964, and 526.141(5)(a).

24         (c)1.  Except as provided in subparagraph 2., the fee

25  for a disabled parking permit shall be:

26         a.  Fifteen dollars for each initial 4-year permit or

27  renewal permit, of which the State Transportation Trust Fund

28  shall receive $13.50 and the tax collector of the county in

29  which the fee was collected shall receive $1.50.

30

31

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  1         b.  One dollar for each additional or additional

  2  renewal 4-year permit, of which the State Transportation Trust

  3  Fund shall receive all funds collected.

  4

  5  The department shall not issue an additional disabled parking

  6  permit unless the applicant states that they are a frequent

  7  traveler or a quadriplegic. The department may not issue to

  8  any one eligible applicant more than two disabled parking

  9  permits except to an organization in accordance with paragraph

10  (1)(d). Subsections (1), (5), (6), and (7) apply to this

11  subsection.

12         2.  If an applicant who is a disabled veteran, is a

13  resident of this state, has been honorably discharged, and

14  either has been determined by the Department of Defense or the

15  United States Department of Veterans Affairs or its

16  predecessor to have a service-connected disability rating for

17  compensation of 50 percent or greater or has been determined

18  to have a service-connected disability rating of 50 percent or

19  greater and is in receipt of both disability retirement pay

20  from the United States Department of Veterans Affairs and has

21  a signed physician's statement of qualification for the

22  disabled parking permits, the fee for a disabled parking

23  permit shall be:

24         a.  One dollar and fifty cents for the initial 4-year

25  permit or renewal permit.

26         b.  One dollar for each additional or additional

27  renewal 4-year permit.

28

29  The tax collector of the county in which the fee was collected

30  shall retain all funds received pursuant to this subparagraph.

31

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  1         3.  If an applicant presents to the department a

  2  statement from the Federal Government or the State of Florida

  3  indicating the applicant is a recipient of supplemental

  4  security income, the fee for the disabled parking permit shall

  5  be $9 for the initial 4-year permit or renewal permit, of

  6  which the State Transportation Trust Fund shall receive $6.75

  7  and the tax collector of the county in which the fee was

  8  collected shall receive $2.25.

  9         (d)  To obtain a replacement for a disabled parking

10  permit that has been lost or stolen, a person must submit an

11  application on a form prescribed by the department and must

12  pay a replacement fee in the amount of $1.50, to be retained

13  by the issuing agency. If the person submits with the

14  application a police report documenting that the permit was

15  stolen, there is no replacement fee.

16         (e)  A person who qualifies for a disabled parking

17  permit under this section may be issued an international

18  wheelchair user symbol license plate under s. 320.0843 in lieu

19  of the disabled parking permit; or, if the person qualifies

20  for a "DV" license plate under s. 320.084, such a license

21  plate may be issued to him or her in lieu of a disabled

22  parking permit.

23         (3)  DISABLED PARKING PERMIT; TEMPORARY.--

24         (a)  The temporary disabled parking permit is a placard

25  of a different color from the color of the long-term disabled

26  parking permit placard, and must clearly display the date of

27  expiration in large print and with color coding, but is in all

28  other respects identical to the long-term disabled parking

29  permit placard in all other respects, including, but not

30  limited to, the inclusion of a state identification card

31  number or driver's license number on one side of the temporary

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  1  permit.  The temporary disabled parking permit placard must be

  2  designed to conspicuously display the expiration date of the

  3  permit on the front and back of the placard.

  4         (b)  The department shall issue the temporary disabled

  5  parking permit for the period of the disability as stated by

  6  the certifying physician, but not to exceed 1 year.

  7         (c)  The fee for a temporary disabled parking permit is

  8  $15.

  9         (4)  From the proceeds of the temporary disabled

10  parking permit fees:

11         (a)  The Department of Highway Safety and Motor

12  Vehicles must receive $3.50 for each temporary permit, to be

13  deposited into the Highway Safety Operating Trust Fund and

14  used for implementing the real-time disabled parking permit

15  database and for administering the disabled parking permit

16  program.

17         (b)  The tax collector, for processing, must receive

18  $2.50 for each temporary permit.

19         (c)  The remainder must be distributed monthly as

20  follows:

21         1.  To the Florida Governor's Alliance for the

22  Employment of Disabled Citizens for the purpose of improving

23  employment and training opportunities for persons who have

24  disabilities, with special emphasis on removing transportation

25  barriers, $4.  These fees must be deposited into the

26  Transportation Disadvantaged Trust Fund for transfer to the

27  Florida Governor's Alliance for Employment of Disabled

28  Citizens.

29         2.  To the Transportation Disadvantaged Trust Fund to

30  be used for funding matching grants to counties for the

31

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  1  purpose of improving transportation of persons who have

  2  disabilities, $5.

  3         (5)  The applications for disabled parking permits and

  4  temporary disabled parking permits are official state

  5  documents. The following statement must appear on each

  6  application form immediately below the physician's signature

  7  and immediately below the applicant's signature:  "Knowingly

  8  providing false information on this application is a

  9  misdemeanor of the first degree, punishable as provided in s.

10  775.082, Florida Statutes, or s. 775.083, Florida Statutes.

11  The penalty is up to 1 year in jail or a fine of $1,000, or

12  both."

13         (6)  Any person who knowingly makes a false or

14  misleading statement in an application or certification under

15  this section commits a misdemeanor of the first degree,

16  punishable as provided in s. 775.082 or s. 775.083.  A hearing

17  must be held to review alleged false statements or misleading

18  information on the application made by any permitholder whose

19  eligibility for a permit is questioned by a law enforcement

20  officer, a magistrate, or a judge.

21         (7)  Any person who fraudulently obtains or unlawfully

22  displays a disabled parking permit that belongs to another

23  person while occupying a disabled parking space or an access

24  aisle as defined in s. 316.1955 while the owner of the permit

25  is not present uses such a disabled parking permit or who uses

26  an unauthorized replica of such a disabled parking permit with

27  the intent to deceive is guilty of a misdemeanor of the second

28  degree, punishable as provided in s. 775.082 or s. 775.083.

29         (8)  A law enforcement officer may confiscate the

30  disabled parking permit from any person who fraudulently

31  obtains or unlawfully and uses such a permit.  A law

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  1  enforcement officer may confiscate any disabled parking permit

  2  that is expired, reported as lost or stolen, or defaced, or

  3  that does not display a personal identification number.

  4         (a)  Beginning April 1, 1999, the permit number of each

  5  confiscated permit must be submitted to the Department of

  6  Highway Safety and Motor Vehicles, and the fact that the

  7  permit has been confiscated must be noted on the

  8  permitholder's record. If two permits issued to the same

  9  person have been confiscated, a hearing must be held to

10  determine whether the confiscations were due to exploitation

11  of the person who has a disability. If the confiscations of a

12  person's permits are not attributable to such exploitation,

13  the person's privilege of applying for a disabled parking

14  permit in this state must be permanently revoked. A record of

15  such a revocation must remain permanently in the real-time

16  disabled parking permit database.

17         (b)  A confiscated permit must be held as evidence

18  until a judicial decision about the violation has been made.

19  After a finding of guilt has been made or a plea of nolo

20  contendere has been entered, the charging agency shall destroy

21  the confiscated permit. A confiscated permit may not, under

22  any circumstances, be returned to its registered owner after a

23  finding of guilt has been made or a plea of nolo contendere

24  has been entered in court. The permit number of each destroyed

25  permit must be reported to the department, and the department

26  must record in the real-time disabled parking permit database

27  that the permit has been invalidated.

28         Section 8.  Except as otherwise expressly provided in

29  this act, this act shall take effect July 1, 1998.

30

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Amends provisions relating to the use of motor vehicles
      by persons who have disabilities, including those
  4    relating to accessible parking spaces and parking access
      aisles, special license plates and parking permits issued
  5    by entities outside this state, exemption from parking
      fines and penalties, fines for illegally parking in a
  6    parking space for disabled persons, qualifications for
      veterans to receive free license plates, prerequisites
  7    for receiving a disabled parking permit, obtaining a
      replacement permit, the design of temporary permits,
  8    procedures relating to false statements or misleading
      information on applications, and the unlawful display of
  9    a disabled parking permit. Also provides additional
      grounds for confiscating a disabled parking permit,
10    provides for keeping records relating to confiscation,
      requires a hearing after two permits issued to the same
11    person have been confiscated, and provides for revoking
      the privilege of applying for a disabled parking permit
12    in this state. Provides for destroying confiscated
      permits after a finding of guilt has been made or a plea
13    of nolo contendere has been entered.

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