Enforcement of parking requirements for persons who have disabilities.
(1) (a) Parking. Pursuant to F.S. § 316.1955, it is unlawful for any person to stop, stand, or park a vehicle within, or to obstruct, any such specially designated and marked parking space provided in accordance with F.S. § 533.5041, unless the vehicle displays a disabled parking permit issued under F.S. §§ 316.1958 or 320.0848, or a license plate issued under F.S. §§ 320.084, 320.0842, 320.0843, or 320.0845, and the vehicle is transporting the person to whom the displayed permit is issued. The violation may not be dismissed for failure of the marking on the parking space to comply with Florida law if the space is in general compliance and is clearly distinguishable as a designated accessible parking space for people who have disabilities. Only a warning may be issued for unlawfully parking in a space designated for persons with disabilities if there is no above- grade sign as provided by law.
(b) Whenever a law enforcement officer, a parking enforcement specialist, or the owner or lessee of the space finds a vehicle in violation of this subsection, that officer, owner, or lessor shall have the vehicle in violation removed to any lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space. Whenever any vehicle is removed under this section to a storage lot, garage, or other safe parking space, the cost of the removal and parking constitutes a lien against the vehicle.
(c) The officer or specialist shall charge the operator or other person in charge of the vehicle in violation with a noncriminal traffic infraction, punishable as provided in F.S. §§ 316.008(4) or 318.18(6). The owner of a leased vehicle is not responsible for a violation of this section if the vehicle is registered in the name of the lessee.
(d) All convictions for violations of this section must be reported to the Department of Highway Safety and Motor Vehicles by the clerk of the court.
(e) A law enforcement officer or a parking enforcement specialist has the right to demand to be shown the person’s disabled parking permit and driver license or state identification card when investigating the possibility of a violation of this section. If such a request is refused, the person in charge of the vehicle may be charged with resisting an officer without violence, as provided in F.S. § 843.02.
(f) No person, vehicle, or object shall obstruct the path of travel to an accessible parking space, curb cut, or access aisle by standing or parking a vehicle within any such designated area. The violator is subject to the same penalties as are imposed for illegally parking in a space that is designated as an accessible parking space for persons who have disabilities.
(g) Any person who is chauffeuring a person who has a disability is allowed, without need for a disable parking permit or a special license plate, to stand temporarily in any such parking space, for the purpose of loading or unloading the person who has a disability. A penalty may not be imposed upon the driver for such temporary standing.
(h) A vehicle that is transporting a person who has a disability and that has been granted a permit under F.S. § 320.0848(1)(a) may be parked for a maximum of 30 minutes in any parking space reserved for persons who have disabilities.
(2) Placard placement and specification. Pursuant to F.S. § 320.0848, the disabled parking permit placard must 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.
(3) Illegal use. Any person who fraudulently obtains of unlawfully displays a disabled parking permit that belongs to another person while occupying a disabled parking space or an access aisle while the owner of the permit is not being transported in the vehicle or who uses an altered, tampered or unauthorized replica of such a disabled parking permit with the intent to deceive shall be issued a citation for illegal use and fined two hundred fifty dollars ($250.00).
(4) Confiscation. A law enforcement officer or a parking enforcement specialist is authorized to confiscate the disabled parking permit from any person who fraudulently obtains or unlawfully uses such a permit. A law enforcement officer or a parking enforcement specialist may confiscate any disabled parking permit that is expired, reported as lost or stolen, defaced, does not display a personal identification number.
(5) Out of state. Pursuant to F.S. § 316.1958, motor vehicles displaying a special license plate or parking permit issued to a person who has a disability by any other state or district subject to the laws of the United States or by a foreign country that issues disabled parking permits that display the international symbol of accessibility are recognized as displaying a valid license plate or permit, if the other state or district grants reciprocal recognition for residents of this state who have disabilities. However, when an individual is required by law to have a Florida driver license or a Florida vehicle registration, a special motor vehicle license plate or parking permit issued by another state, district, or country to persons who have disabilities is not valid and the individual whose vehicle displays such an invalid plate or permit is subject to the same penalty as an individual whose vehicle does not display a valid plate or permit. A law enforcement officer or parking enforcement specialist may not ticket a vehicle for a violation without first determining whether the vehicle is transporting a resident of another state who is the owner of the out-of-state placard.
(6) Assessment of fines and use of funds. A violation of F.S. § 316.1955 shall be deemed an infraction, the fine for which shall be two hundred fifty dollars ($250.00). Penalties for late payment of fines shall be assessed pursuant to F.S. § 318.18. The sums collected pursuant to this section shall be used in the following manner:
(1) One-third to be used to defray expenses for the administration of this section and the provisions of the Florida Statutes regarding disabled parking violations.
(2) Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically disabled persons in the county and to provide funds to conduct public awareness programs in the county concerning physically disabled persons.
The penalties set forth herein are nonexclusive and may be imposed in addition to or in lieu of any other penalties set forth in F.S. Chapters 316, 318, and 320.
(7) This section hereby incorporates and adopts F.S. §§ 316.1955, 320.0848, 316.1958, and 316.18, as may be amended from time to time.
(Ord. No. 85-44, § 1, 8-6-85; Ord. No. 89-3, § 3, 2-21-89; Ord. No. 05-003, § 1, 1- 4-05; Ord. No. 15-029, § 2, 11-3-15)