[Nfbf-l] Parking Permits for People with Disabilities

Tue Mar 10 11:21:42 UTC 2015

Some blind people with permits say they have them because they are often 
being driven some place by a mobility impaired driver. I'm with you on this 
one Marion.
Sherri Brun
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----- Original Message ----- 
From: "Marion Gwizdala via Nfbf-l" <nfbf-l at nfbnet.org>
To: "'NFB of Florida Internet Mailing List'" <nfbf-l at nfbnet.org>
Sent: Saturday, March 07, 2015 3:02 PM
Subject: [Nfbf-l] Parking Permits for People with Disabilities

Dear all,

            I realize this may trigger some very emotional responses; 
however, I fail to understand the logic of the law pasted below. I am 
totally blind and have absolutely no problem walking 200 feet and much, much 
more. Yet, under Florida law, I qualify as much for a disabled parking 
permit as someone who cannot walk that distance, uses oxygen, and a number 
of other challenges requiring proximate parking. I think it is 
unconscionable that a blind person would use a disabled parking placard to 
take a spot away from someone with a legitimate need simply for the sake of 
convenience. JMHO!

Fraternally yours,

Marion Gwizdala

The 2014 Florida Statutes
http://www.leg.state.fl.us/../../Images/dividers/600x3_gradient.gif

 <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XXIII#TitleXXIII>Title XXIIIMOTOR VEHICLES <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0320/0320ContentsIndex.html> Chapter 320MOTOR VEHICLE LICENSES <http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0320/0320.html> View Entire Chapter320.0848 Persons who have disabilities; issuance of disabled parkingpermits; temporary permits; permits for certain providers of transportationservices to persons who have disabilities.—(1)(a) The Department of Highway Safety and Motor Vehicles or its authorizedagents shall, upon application and receipt of the fee, issue a disabledparking permit for a period of up to 4 years, which period ends on theapplicant’s birthday, to any person who has long-term mobility impairment,or a temporary disabled parking permit not to exceed 6 months to any personwho has a temporary mobility impairment. No person will be required to pay afee for a parking permit for disabled persons more than once in a 12-monthperiod from the date of the prior fee payment.(b)1. The person must be currently certified as being legally blind or ashaving any of the following disabilities that render him or her unable towalk 200 feet without stopping to rest:a. Inability to walk without the use of or assistance from a brace, cane,crutch, prosthetic device, or other assistive device, or without theassistance of another person. If the assistive device significantly restoresthe person’s ability to walk to the extent that the person can walk withoutsevere limitation, the person is not eligible for the exemption parkingpermit.b. The need to permanently use a wheelchair.c. 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/hgon room air at rest.d. Use of portable oxygen.e. Restriction by cardiac condition to the extent that the person’sfunctional limitations are classified in severity as Class III or Class IVaccording to standards set by the American Heart Association.f. Severe limitation in the person’s ability to walk due to an arthritic,neurological, or orthopedic condition.2. The certification of disability which is required under subparagraph 1.must be provided by a physician licensed under chapter 458, chapter 459, orchapter 460, by a podiatric physician licensed under chapter 461, by anoptometrist licensed under chapter 463, by an advanced registered nursepractitioner licensed under chapter 464 under the protocol of a licensedphysician as stated in this subparagraph, by a physician assistant licensedunder chapter 458 or chapter 459, or by a similarly licensed physician fromanother state if the application is accompanied by documentation of thephysician’s licensure in the other state and a form signed by theout-of-state physician verifying his or her knowledge of this state’seligibility guidelines.(c) The certificate of disability must include, but need not be limited to:1. The disability of the applicant; the certifying practitioner’s name andaddress; the practitioner’s certification number; the eligibility criteriafor the permit; the penalty for falsification by either the certifyingpractitioner or the applicant; the duration of the condition that entitlesthe person to the permit; and justification for the additional placardpursuant to subsection (2).2. The statement, in bold letters: “A disabled parking permit may be issuedonly for a medical necessity that severely affects mobility.”3. The signatures of:a. The applicant’s physician or other certifying practitioner.b. The applicant or the applicant’s parent or guardian.c. The employee of the department’s authorized agent which employee isprocessing the application.(d) Beginning October 1, 2012, the department shall renew the disabledparking permit of any person certified as permanently disabled on theapplication if the person provides a certificate of disability issued withinthe last 12 months pursuant to this subsection.(e) The Department of Highway Safety and Motor Vehicles shall, inconsultation with the Commission for the Transportation Disadvantaged, adoptrules, in accordance with chapter 120, for the issuance of a disabledparking permit to any organization that can adequately demonstrate a bonafide need for such a permit because the organization provides regulartransportation services to persons who have disabilities and are certifiedas provided in this subsection.(2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM MOBILITY PROBLEMS.—(a) The disabled parking permit is a placard that can be placed in a motorvehicle so as to be visible from the front and rear of the vehicle. Eachside of the placard must have the international symbol of accessibility in acontrasting color in the center so as to be visible. One side of the placardmust display the applicant’s driver license number or state identificationcard number along with a warning that the applicant must have suchidentification at all times while using the parking permit. In those caseswhere the severity of the disability prevents a disabled person fromphysically visiting or being transported to a driver license or taxcollector office to obtain a driver license or identification card, acertifying physician may sign the exemption section of the department’sparking permit application to exempt the disabled person from being issued adriver license or identification card for the number to be displayed on theparking permit. A validation sticker must also be issued with each disabledparking permit, showing the month and year of expiration on each side of theplacard. Validation stickers must be of the size specified by the Departmentof Highway Safety and Motor Vehicles and must be affixed to the disabledparking permits. The disabled parking permits must use the same colors aslicense plate validations.(b) License plates issued under ss.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0300-0399/0320/Sections/0320.084.html> 320.084,<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0300-0399/0320/Sections/0320.0842.html> 320.0842,<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0300-0399/0320/Sections/0320.0843.html> 320.0843, and<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0300-0399/0320/Sections/0320.0845.html> 320.0845 arevalid for the same parking privileges and other privileges provided underss.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0300-0399/0316/Sections/0316.1955.html> 316.1955,<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0300-0399/0316/Sections/0316.1964.html> 316.1964, and<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0500-0599/0526/Sections/0526.141.html> 526.141(5)(a).(c) The department shall not issue an additional disabled parking permitunless the applicant states that he or she is a frequent traveler or aquadriplegic. The department may not issue to any one eligible applicantmore than two disabled parking permits except to an organization inaccordance with paragraph (1)(e). Subsections (1), (5), (6), and (7) applyto this subsection.(d) If an applicant who is a disabled veteran, is a resident of this state,has been honorably discharged, and either has been determined by theDepartment of Defense or the United States Department of Veterans Affairs orits predecessor to have a service-connected disability rating forcompensation of 50 percent or greater or has been determined to have aservice-connected disability rating of 50 percent or greater and is inreceipt of both disability retirement pay from the United States Departmentof Veterans Affairs, he or she must still provide a signed physician’sstatement of qualification for the disabled parking permits.(e) To obtain a replacement for a disabled parking permit that has been lostor stolen, a person must submit an application on a form prescribed by thedepartment, provide a certificate of disability issued within the last 12months pursuant to subsection (1), and pay a replacement fee in the amountof $1, to be retained by the issuing agency. If the person submits with theapplication a police report documenting that the permit was stolen, there isno replacement fee.(f) A person who qualifies for a disabled parking permit under this sectionmay be issued an international wheelchair user symbol license plate under s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0300-0399/0320/Sections/0320.0843.html> 320.0843 inlieu of the disabled parking permit; or, if the person qualifies for a “DV”license plate under s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0300-0399/0320/Sections/0320.084.html> 320.084, such alicense plate may be issued to him or her in lieu of a disabled parkingpermit.(3) DISABLED PARKING PERMIT; TEMPORARY.—(a) The temporary disabled parking permit is a placard of a different colorfrom the color of the long-term disabled parking permit placard, and mustclearly display the date of expiration in large print and with color coding,but is identical to the long-term disabled parking permit placard in allother respects, including, but not limited to, the inclusion of a stateidentification card number or driver license number on one side of thetemporary permit. The temporary disabled parking permit placard must bedesigned to conspicuously display the expiration date of the permit on thefront and back of the placard.(b) The department shall issue the temporary disabled parking permit for theperiod of the disability as stated by the certifying physician, but not toexceed 6 months.(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 $3.50for each temporary permit, to be deposited into the Highway Safety OperatingTrust Fund and used for implementing the real-time disabled parking permitdatabase and for administering the disabled parking permit program.(b) The tax collector, for processing, must receive $2.50 for each temporarypermit.(c) The remainder must be distributed monthly as follows:1. To the Florida Endowment Foundation for Vocational Rehabilitation, knownas “The Able Trust,” for the purpose of improving employment and trainingopportunities for persons who have disabilities, with special emphasis onremoving transportation barriers, $4. These fees must be directly depositedinto the Florida Endowment Foundation for Vocational Rehabilitation asestablished in s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0400-0499/0413/Sections/0413.615.html> 413.615.2. To the Transportation Disadvantaged Trust Fund to be used for fundingmatching grants to counties for the purpose of improving transportation ofpersons who have disabilities, $5.(5) The applications for disabled parking permits and temporary disabledparking permits are official state documents. The following statement mustappear on each application form immediately below the physician’s signatureand immediately below the applicant’s signature: “Knowingly providing falseinformation on this application is a misdemeanor of the first degree,punishable as provided in s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0700-0799/0775/Sections/0775.082.html> 775.082,Florida Statutes, or s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0700-0799/0775/Sections/0775.083.html> 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 anapplication or certification under this section commits a misdemeanor of thefirst degree, punishable as provided in s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0700-0799/0775/Sections/0775.082.html> 775.082 or s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0700-0799/0775/Sections/0775.083.html> 775.083.(7) Any person who fraudulently obtains or unlawfully displays a disabledparking permit that belongs to another person while occupying a disabledparking space or an access aisle as defined in s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0500-0599/0553/Sections/0553.5041.html> 553.5041 whilethe owner of the permit is not being transported in the vehicle or who usesan unauthorized replica of such a disabled parking permit with the intent todeceive is guilty of a misdemeanor of the second degree, punishable asprovided in s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0700-0799/0775/Sections/0775.082.html> 775.082 or s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0700-0799/0775/Sections/0775.083.html> 775.083.(8) A law enforcement officer or a parking enforcement specialist mayconfiscate the disabled parking permit from any person who fraudulentlyobtains or unlawfully uses such a permit. A law enforcement officer or aparking enforcement specialist may confiscate any disabled parking permitthat is expired, reported as lost or stolen, or defaced or that does notdisplay a personal identification number.(a) The permit number of each confiscated permit must be submitted to thedepartment, and the fact that the permit has been confiscated must be notedon the permitholder’s record. If two permits issued to the same person havebeen confiscated, the department shall refer the information to the centralabuse hotline of the Department of Children and Families for aninvestigation of potential abuse, neglect, or exploitation of the permitowner.(b) A confiscated permit must be held as evidence until a judicial decisionabout the violation has been made. After a finding of guilt has been made ora plea of nolo contendere has been entered, the charging agency shalldestroy the confiscated permit. A confiscated permit may not, under anycircumstances, be returned to its registered owner after a finding of guilthas been made or a plea of nolo contendere has been entered in court. If afinding of guilt has been made or a plea of nolo contendere has been enteredfor fraudulent or other unlawful use of a disabled parking permit after aprior finding of guilt or plea of nolo contendere for fraudulent or otherunlawful use of a disabled parking permit issued to the same registeredpermitholder, the permitholder may not apply for a new disabled parkingpermit for 4 years. The permit number of each destroyed permit must bereported to the department, and the department must record in the real-timedisabled parking permit database that the permit has been invalidated.(9)(a) At least once every 6 months, the department shall randomly reviewdisabled parking permitholders to ensure that all required criteria for theownership and possession of such permit remain valid. As a component of thereview, the department shall, at a minimum:1. Review death records maintained by the Department of Health to ensurethat the permitholder has not died.2. Review the number of times the permit has been confiscated for fraudulentor unlawful use, if at all.3. Determine if the permit has ever been reported lost or stolen and, if so,determine the current status of the permit.(b) At least annually, the department shall verify that the owner of eachdisabled parking permit has not died. Such verification shall include, butneed not be limited to, consultation of death records maintained by theDepartment of Health. If a disabled parking permitholder is found to bedeceased, the department shall promptly invalidate the decedent’s disabledparking permit.(10) The department shall develop and implement a means by which persons canreport abuse of disabled parking permits by telephone hotline or bysubmitting a form online or by mail.(11) A violation of this section is grounds for disciplinary action under s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0400-0499/0458/Sections/0458.331.html> 458.331, s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0400-0499/0459/Sections/0459.015.html> 459.015, s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0400-0499/0460/Sections/0460.413.html> 460.413, s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0400-0499/0461/Sections/0461.013.html> 461.013, s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0400-0499/0463/Sections/0463.016.html> 463.016, or s.<http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=320.084&URL=0400-0499/0464/Sections/0464.018.html> 464.018, asapplicable.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; s. 177, ch. 98-166; s. 7, ch. 98-202; s. 102, ch. 99-13; s. 271, ch.99-248; s. 57, ch. 2000-349; s. 67, ch. 2001-61; s. 1, ch. 2002-6; s. 121,ch. 2002-20; s. 1, ch. 2002-243; s. 1, ch. 2005-225; s. 3, ch. 2007-103; s.8, ch. 2009-183; s. 2, ch. 2012-157; s. 38, ch. 2012-181; s. 28, ch.2013-18; s. 58, ch. 2014-19.--------------------------------------------------------------------------------_______________________________________________Nfbf-l mailing listNfbf-l at nfbnet.orghttp://nfbnet.org/mailman/listinfo/nfbf-l_nfbnet.orgTo unsubscribe, change your list options or get your account info forNfbf-l:http://nfbnet.org/mailman/options/nfbf-l_nfbnet.org/flmom2006%40gmail.com