Senate Bill 0202c1

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    Florida Senate - 2000                            CS for SB 202

    By the Committee on Transportation and Senators Clary,
    Latvala, McKay, Brown-Waite, Casas, Cowin, Sullivan and
    Saunders



    306-1893A-00

  1                      A bill to be entitled

  2         An act relating to disabled parking permits;

  3         amending s. 320.0848, F.S.; eliminating fees

  4         imposed on applicants for certain permits;

  5         revising provisions relating to fees for

  6         temporary disabled parking permits; providing

  7         an effective date.

  8

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

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11         Section 1.  Section 320.0848, Florida Statutes, is

12  amended to read:

13         320.0848  Persons who have disabilities; issuance of

14  disabled parking permits; temporary permits; permits for

15  certain providers of transportation services to persons who

16  have disabilities.--

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

18  Vehicles or its authorized agents shall, upon application and

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

20  period of up to 4 years, which period ends on the applicant's

21  birthday, to any person who has long-term mobility impairment,

22  or a temporary disabled parking permit not to exceed 1 year to

23  any person who has a temporary mobility impairment.

24         (b)1.  The person must be currently certified as being

25  legally blind or as having any of the following disabilities

26  that render him or her unable to walk 200 feet without

27  stopping to rest:

28         a.  Inability to walk without the use of or assistance

29  from a brace, cane, crutch, prosthetic device, or other

30  assistive device, or without the assistance of another person.

31  If the assistive device significantly restores the person's

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    Florida Senate - 2000                            CS for SB 202
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  1  ability to walk to the extent that the person can walk without

  2  severe limitation, the person is not eligible for the

  3  exemption parking permit.

  4         b.  The need to permanently use a wheelchair.

  5         c.  Restriction by lung disease to the extent that the

  6  person's forced (respiratory) expiratory volume for 1 second,

  7  when measured by spirometry, is less than 1 liter, or the

  8  person's arterial oxygen is less than 60 mm/hg on room air at

  9  rest.

10         d.  Use of portable oxygen.

11         e.  Restriction by cardiac condition to the extent that

12  the person's functional limitations are classified in severity

13  as Class III or Class IV according to standards set by the

14  American Heart Association.

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

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

17         2.  The certification of disability which is required

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

19  under chapter 458, chapter 459, or chapter 460, by a podiatric

20  physician licensed under chapter 461, by an optometrist

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

22  United States Department of Veterans Affairs or its

23  predecessor, or by a similarly licensed physician from another

24  state if the application is accompanied by documentation of

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

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

27  of this state's eligibility guidelines, or by an advanced

28  registered nurse practitioner licensed under chapter 464 in a

29  facility operated by the United States Department of Veterans

30  Affairs under the protocol of a licensed physician as stated

31  in this subparagraph.

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    Florida Senate - 2000                            CS for SB 202
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  1         (c)  The certificate of disability must include, but

  2  need not be limited to:

  3         1.  The disability of the applicant; the certifying

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

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

  6  for falsification by either the certifying physician or the

  7  applicant; the duration of the condition that entitles the

  8  person to the permit; and justification for the additional

  9  placard pursuant to subsection (2).

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

11  permit may be issued only for a medical necessity that

12  severely affects mobility."

13         3.  The signatures of:

14         a.  The applicant's physician;

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

16  guardian; and

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

18  which employee is processing the application.

19         (d)  Beginning April 1, 1999, the Department of Highway

20  Safety and Motor Vehicles shall renew the disabled parking

21  permit of any person certified as permanently disabled on the

22  application.

23         (e)  The Department of Highway Safety and Motor

24  Vehicles shall, in consultation with the Commission for the

25  Transportation Disadvantaged, adopt rules, in accordance with

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

27  any organization that can adequately demonstrate a bona fide

28  need for such a permit because the organization provides

29  regular transportation services to persons who have

30  disabilities and are certified as provided in this subsection.

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    Florida Senate - 2000                            CS for SB 202
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  1         (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM

  2  MOBILITY PROBLEMS.--

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

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

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

  6  have the international symbol of accessibility in a

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

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

  9  number or state identification card number along with a

10  warning that the applicant must have such identification at

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

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

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

14  Validation stickers must be of the size specified by the

15  Department of Highway Safety and Motor Vehicles and must be

16  affixed to the disabled parking permits. The disabled parking

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

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

19  320.0843, and 320.0845 are valid for the same parking

20  privileges and other privileges provided under ss. 316.1955,

21  316.1964, and 526.141(5)(a).

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

23  for a disabled parking permit shall be:

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

25  renewal permit, of which the State Transportation Trust Fund

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

27  which the fee was collected shall receive $1.50.p> b.  One

28  dollar for each additional or additional renewal 4-year

29  permit, of which the State Transportation Trust Fund shall

30  receive all funds collected.

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    Florida Senate - 2000                            CS for SB 202
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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         (c)  The department shall not issue an additional

  5  disabled parking permit unless the applicant states that he or

  6  she is they are a frequent traveler or a quadriplegic. The

  7  department may not issue to any one eligible applicant more

  8  than two disabled parking permits except to an organization in

  9  accordance with paragraph (1)(e). Subsections (1), (5), (6),

10  and (7) apply to this subsection.

11         (d)2.  If an applicant who is a disabled veteran, is a

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

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

14  United States Department of Veterans Affairs or its

15  predecessor to have a service-connected disability rating for

16  compensation of 50 percent or greater or has been determined

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

18  greater and is in receipt of both disability retirement pay

19  from the United States Department of Veterans Affairs, he or

20  she must still provide and has a signed physician's statement

21  of qualification for the disabled parking permits., the fee

22  for a disabled parking permit shall be:

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

24  permit or renewal permit.

25         b.  One dollar for each additional or additional

26  renewal 4-year permit.

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

29  shall retain all funds received pursuant to this subparagraph.

30         3.  If an applicant presents to the department a

31  statement from the Federal Government or the State of Florida

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    Florida Senate - 2000                            CS for SB 202
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  1  indicating the applicant is a recipient of supplemental

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

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

  4  which the State Transportation Trust Fund shall receive $6.75

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

  6  collected shall receive $2.25.

  7         (e)(d)  To obtain a replacement for a disabled parking

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

  9  application on a form prescribed by the department and must

10  pay a replacement fee in the amount of $5 $1.00, to be

11  retained by the issuing agency. If the person submits with the

12  application a police report documenting that the permit was

13  stolen, there is no replacement fee.

14         (f)(e)  A person who qualifies for a disabled parking

15  permit under this section may be issued an international

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

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

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

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

20  parking permit.

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

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

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

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

25  expiration in large print and with color coding, but is

26  identical to the long-term disabled parking permit placard in

27  all other respects, including, but not limited to, the

28  inclusion of a state identification card number or driver's

29  license number on one side of the temporary permit. The

30  temporary disabled parking permit placard must be designed to

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    Florida Senate - 2000                            CS for SB 202
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  1  conspicuously display the expiration date of the permit on the

  2  front and back of the placard.

  3         (b)  The department shall issue the temporary disabled

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

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

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

  7  $17.50 $15.

  8         (4)  From the proceeds of the temporary disabled

  9  parking permit fees:

10         (a)  The Department of Highway Safety and Motor

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

12  deposited into the Highway Safety Operating Trust Fund and

13  used for implementing the real-time disabled parking permit

14  database and for administering the disabled parking permit

15  program.

16         (b)  The tax collector, for processing, must receive $5

17  $2.50 for each temporary permit.

18         (c)  The remainder must be distributed monthly as

19  follows:

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

21  Employment of Disabled Citizens for the purpose of improving

22  employment and training opportunities for persons who have

23  disabilities, with special emphasis on removing transportation

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

25  Transportation Disadvantaged Trust Fund for transfer to the

26  Florida Governor's Alliance for Employment of Disabled

27  Citizens.

28         2.  To the Transportation Disadvantaged Trust Fund to

29  be used for funding matching grants to counties for the

30  purpose of improving transportation of persons who have

31  disabilities, $5.

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    Florida Senate - 2000                            CS for SB 202
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  1         (5)  The applications for disabled parking permits and

  2  temporary disabled parking permits are official state

  3  documents. The following statement must appear on each

  4  application form immediately below the physician's signature

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

  6  providing false information on this application is a

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

  8  775.082, Florida Statutes, or s. 775.083, Florida Statutes.

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

10  both."

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

12  misleading statement in an application or certification under

13  this section commits a misdemeanor of the first degree,

14  punishable as provided in s. 775.082 or s. 775.083.

15         (7)  Any person who fraudulently obtains or unlawfully

16  displays a disabled parking permit that belongs to another

17  person while occupying a disabled parking space or an access

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

19  is not being transported in the vehicle or who uses an

20  unauthorized replica of such a disabled parking permit with

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

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

23         (8)  A law enforcement officer may confiscate the

24  disabled parking permit from any person who fraudulently

25  obtains or unlawfully uses such a permit.  A law enforcement

26  officer may confiscate any disabled parking permit that is

27  expired, reported as lost or stolen, or defaced, or that does

28  not display a personal identification number.

29         (a)  Beginning April 1, 1999, The permit number of each

30  confiscated permit must be submitted to the Department of

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

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    Florida Senate - 2000                            CS for SB 202
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  1  permit has been confiscated must be noted on the

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

  3  person have been confiscated, the Department of Highway Safety

  4  and Motor Vehicles shall refer the information to the Florida

  5  Abuse Hotline for an investigation of potential abuse,

  6  neglect, or exploitation of the permit owner.

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

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

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

10  contendere has been entered, the charging agency shall destroy

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

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

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

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

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

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

17  that the permit has been invalidated.

18         (9)  A violation of this section is grounds for

19  disciplinary action under s. 458.331, s. 459.015, s. 460.413,

20  or s. 461.013, as applicable.

21         (10)  The Department of Highway Safety and Motor

22  Vehicles shall adopt rules to administer this section.

23         Section 2.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                            CS for SB 202
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 202

  3

  4  The CS reinserts the provision authorizing DHSMV to issue
    additional disabled parking permits to frequent travelers or
  5  quadraplegics.

  6  The CS increases the fee for a replacement permit from $1 to
    $5.
  7
    The CS increases the fee for a temporary disabled parking
  8  permit from $15 to $17.50.

  9  The CS deletes the provision stating the intent of the
    Legislature to provide for fees from which the revenues must
10  be used to defray the costs of providing parking permits to
    persons who have permanent disabilities and to certain
11  services that provide transportation to persons who have
    disabilities.
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    The CS further authorizes an advanced registered nurse
13  practitioner in a facility operated by the United States
    Department of Veterans Affairs, under the protocol of a
14  licensed physician, to certify a veteran disabled for the
    purposes of acquiring a disabled parking permit.
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