Florida 2023 Regular Session

Florida House Bill H0149 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 149 2023
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to the issuance and renewal of 2
16	16	permanent disabled parking permits; amending s. 3
17	17	320.0848, F.S.; requiring the Department of Highway 4
18	18	Safety and Motor Vehicles to issue a permanent 5
19	19	disabled parking permit to a person who has a long -6
20	20	term mobility impairment; removing provisions that 7
21	21	require such a person to renew a disabled parking 8
22	22	permit and that require such permit to bear a 9
23	23	validation sticker; re vising provisions relating to 10
24	24	the appearance of disabled parking permits; conforming 11
25	25	provisions to changes made by the act; amending ss. 12
26	26	320.08035, 320.084, 320.0842, and 320.0843, F.S.; 13
27	27	conforming provisions to changes made by the act; 14
28	28	providing an effective date. 15
29	29	16
30	30	Be It Enacted by the Legislature of the State of Florida: 17
31	31	18
32	32	Section 1. Section 320.0848, Florida Statutes, is amended 19
33	33	to read: 20
34	34	320.0848 Persons who have disabilities; issuance of 21
35	35	permanent or temporary disabled parking permits; temporary 22
36	36	permits; permits for certain providers of transportation 23
37	37	services to persons who have disabilities. — 24
38	38	(1) ISSUANCE OF DISABLED PARKING PERMIT; REQUIREMENTS. — 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(a) The Department of Highway Safety and Motor Vehicles or 26
52	52	its authorized agents shall, upon application and receipt of the 27
53	53	appropriate fee, issue a permanent disabled parking permit to a 28
54	54	for a period of up to 4 years, which period ends on the 29
55	55	applicant's birthday, to any person who has a long-term mobility 30
56	56	impairment, or a temporary disabled park ing permit for a period 31
57	57	of up not to exceed 6 months to a any person who has a temporary 32
58	58	mobility impairment. A No person is not will be required to pay 33
59	59	a fee for a temporary disabled parking permit for disabled 34
60	60	persons more than once in a 12 -month period from the date of the 35
61	61	prior fee payment. 36
62	62	(b)1. The person must be currently certified as being 37
63	63	legally blind or as having any of the following disabilities 38
64	64	that render him or her unable to walk 200 feet without stopping 39
65	65	to rest: 40
66	66	a. Inability to walk wit hout the use of or assistance from 41
67	67	a brace, cane, crutch, prosthetic device, or other assistive 42
68	68	device, or without the assistance of another person. If the 43
69	69	assistive device significantly restores the person's ability to 44
70	70	walk to the extent that the person is able to can walk without 45
71	71	severe limitation, the person is not eligible for a disabled the 46
72	72	exemption parking permit. 47
73	73	b. The need to permanently use a wheelchair. 48
74	74	c. Restriction by lung disease to the extent that the 49
75	75	person's forced (respiratory) expir atory volume for 1 second, 50
76	76
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	when measured by spirometry, is less than 1 liter, or the 51
89	89	person's arterial oxygen is less than 60 mm/hg on room air at 52
90	90	rest. 53
91	91	d. Use of portable oxygen. 54
92	92	e. Restriction by cardiac condition to the extent that the 55
93	93	person's functional limitations are classified in severity as 56
94	94	Class III or Class IV according to standards set by the American 57
95	95	Heart Association. 58
96	96	f. Severe limitation in the person's ability to walk due 59
97	97	to an arthritic, neurological, or orthopedic condition. 60
98	98	2. The certificate certification of disability which is 61
99	99	required under subparagraph 1. must be provided by a physician 62
100	100	licensed under chapter 458, chapter 459, or chapter 460, by a 63
101	101	podiatric physician licensed under chapter 461, by an 64
102	102	optometrist licensed under chapter 463, by an advanced practice 65
103	103	registered nurse licensed under chapter 464 under the protocol 66
104	104	of a licensed physician as stated in this subparagraph, by a 67
105	105	physician assistant licensed under chapter 458 or chapter 459, 68
106	106	or by a similarly licensed physi cian from another state if the 69
107	107	application is accompanied by documentation of the physician's 70
108	108	licensure in the other state and a form signed by the out -of-71
109	109	state physician verifying his or her knowledge of this state's 72
110	110	eligibility guidelines. 73
111	111	(c) The certificate of disability must include, but need 74
112	112	not be limited to: 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	1. The disability of the applicant; the certifying 76
126	126	practitioner's name and address; the practitioner's 77
127	127	certification number; the eligibility criteria for the disabled 78
128	128	parking permit; the penalty for falsification by either the 79
129	129	certifying practitioner or the applicant; the duration of the 80
130	130	disability condition that entitles the person to the disabled 81
131	131	parking permit; and, if applicable, justification for the 82
132	132	issuance of an additional disabled parking permit placard 83
133	133	pursuant to paragraph (2)(c) subsection (2). 84
134	134	2. The statement, in bold letters: "A disabled parking 85
135	135	permit may be issued only for a medical necessity that severely 86
136	136	affects mobility." 87
137	137	3. The signatures of: 88
138	138	a. The applicant's physician or other certifying 89
139	139	practitioner. 90
140	140	b. The applicant or the applicant's parent or guardian. 91
141	141	c. The employee of the department's authorized agent , 92
142	142	which employee is processing the application. 93
143	143	(d) The department shall renew the disa bled parking permit 94
144	144	of any person certified as permanently disabled on the 95
145	145	application if the person provides a certificate of disability 96
146	146	issued within the last 12 months pursuant to this subsection. A 97
147	147	veteran who has been previously evaluated and certifie d by the 98
148	148	United States Department of Veterans Affairs or any branch of 99
149	149	the United States Armed Forces as permanently and totally 100
150	150
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	disabled from a service -connected disability may provide a 101
163	163	United States Department of Veterans Affairs Form Letter 27 -333, 102
164	164	or its equivalent, issued within the last 12 months in lieu of a 103
165	165	certificate of disability. 104
166	166	(e) The Department of Highway Safety and Motor Vehicles 105
167	167	shall, in consultation with the Commission for the 106
168	168	Transportation Disadvantaged, adopt rules , in accordance with 107
169	169	chapter 120, for the issuance of a disabled parking permit to 108
170	170	any organization that can adequately demonstrate a bona fide 109
171	171	need for such a permit because the organization provides regular 110
172	172	transportation services to persons who have disa bilities and are 111
173	173	certified as provided in this subsection. 112
174	174	(2) PERMANENT DISABLED PARKING PERMIT; PERSONS WITH LONG -113
175	175	TERM MOBILITY IMPAIRMENT PROBLEMS.— 114
176	176	(a) The permanent disabled parking permit is a placard 115
177	177	that can be placed in a motor vehicle so as t o be visible from 116
178	178	the front and rear of the vehicle. Each side of the placard must 117
179	179	have the international symbol of accessibility in a contrasting 118
180	180	color in the center so as to be visible. One side of the placard 119
181	181	must display the applicant's driver license number or state 120
182	182	identification card number along with a warning that the 121
183	183	applicant must possess have such identification at all times 122
184	184	while using the placard parking permit. However, in those cases 123
185	185	in which where the severity of the disability prevents a 124
186	186	disabled person from physically visiting or being transported to 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
198	198
199	199	a driver license or tax collector's collector office to obtain a 126
200	200	driver license or identification card, a certifying physician 127
201	201	may sign the exemption section of the department's disabled 128
202	202	person parking permit application to exempt the disabled person 129
203	203	from the requirement that his or her being issued a driver 130
204	204	license or identification card for the number to be displayed on 131
205	205	the placard parking permit. A validation sticker must also be 132
206	206	issued with each disabled parking permit, showing the month and 133
207	207	year of expiration on each side of the placard. Validation 134
208	208	stickers must be of the size specified by the Department of 135
209	209	Highway Safety and Motor Vehicles and must be affixed to the 136
210	210	disabled parking permit s. The disabled parking permits must use 137
211	211	the same colors as license plate validations. 138
212	212	(b) License plates issued under ss. 320.084, 320.0842, 139
213	213	320.0843, and 320.0845 are valid for the same parking privileges 140
214	214	and other privileges provided under ss. 316.195 5, 316.1964, and 141
215	215	526.141(5)(a). 142
216	216	(c) The department may shall not issue an additional 143
217	217	disabled parking permit unless the applicant states that he or 144
218	218	she is a frequent traveler or a quadriplegic. The department may 145
219	219	not issue to any one eligible applicant m ore than two disabled 146
220	220	parking permits except to an organization in accordance with 147
221	221	paragraph (1)(e). Subsections (1), (5), and (6), and (7) apply 148
222	222	to this subsection. 149
223	223	(d) To obtain a replacement for a disabled parking permit 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	that has been lost or stolen, a person must submit an 151
237	237	application on a form prescribed by the department, provide a 152
238	238	certificate of disability issued within the last 12 months 153
239	239	pursuant to subsection (1), and pay a replacement fee in the 154
240	240	amount of $1, to be retained by the issuing agency . If the 155
241	241	person submits with the application a police report documenting 156
242	242	that the permit was stolen, there is no replacement fee. A 157
243	243	veteran who has been previously evaluated and certified by the 158
244	244	United States Department of Veterans Affairs or any branch of 159
245	245	the United States Armed Forces as permanently and totally 160
246	246	disabled from a service -connected disability may provide a 161
247	247	United States Department of Veterans Affairs Form Letter 27 -333, 162
248	248	or its equivalent, issued within the last 12 months in lieu of a 163
249	249	certificate of disability. 164
250	250	(e) A person who qualifies for a disabled parking permit 165
251	251	under this section may be issued an international wheelchair 166
252	252	user symbol license plate under s. 320.0843 in lieu of the 167
253	253	disabled parking permit; or, if the person qualifies for a "DV" 168
254	254	license plate under s. 320.084, such a license plate may be 169
255	255	issued to him or her in lieu of a disabled parking permit. 170
256	256	(3) DISABLED PARKING PERMIT; TEMPORARY. — 171
257	257	(a) The temporary disabled parking permit is a placard of 172
258	258	a different color different from the color of the permanent 173
259	259	long-term disabled parking permit placard , and must clearly 174
260	260	display the date of expiration in large print and with color 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	coding, but is identical to the permanent long-term disabled 176
274	274	parking permit placard in all other respec ts, including, but not 177
275	275	limited to, the inclusion of a state identification card number 178
276	276	or driver license number on one side of the placard temporary 179
277	277	permit. Validation stickers must also be issued with each The 180
278	278	temporary disabled parking permit so as placard must be designed 181
279	279	to conspicuously display the month and year of expiration date 182
280	280	of the permit on each side the front and back of the placard. 183
281	281	Validation stickers must be of the size specified by the 184
282	282	department, must use the same colors as license plate validation 185
283	283	stickers, and must be affixed to the placard. 186
284	284	(b) The department shall issue the temporary disabled 187
285	285	parking permit for the period of the disability as stated by the 188
286	286	certifying physician, but not to exceed 6 months. 189
287	287	(c) The fee for a temporar y disabled parking permit is 190
288	288	$15. 191
289	289	(4) FEE DISTRIBUTION.—From the proceeds of the temporary 192
290	290	disabled parking permit fees: 193
291	291	(a) The Department of Highway Safety and Motor Vehicles 194
292	292	must receive $3.50 for each temporary permit, to be deposited 195
293	293	into the Highway Safety Operating Trust Fund and used for 196
294	294	implementing the real -time disabled parking permit database and 197
295	295	for administering the disabled parking permit program. 198
296	296	(b) The tax collector, for processing, must receive $2.50 199
297	297	for each temporary permit. 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	(c) The remainder must be distributed monthly as follows: 201
311	311	1. To be deposited in the Grants and Donations Trust Fund 202
312	312	of the Division of Vocational Rehabilitation of the Department 203
313	313	of Education for the purpose of improving employment and 204
314	314	training opportunitie s for persons who have disabilities, with 205
315	315	special emphasis on removing transportation barriers, $4. 206
316	316	2. To be deposited in the Transportation Disadvantaged 207
317	317	Trust Fund to be used for funding matching grants to counties 208
318	318	for the purpose of improving transpor tation of persons who have 209
319	319	disabilities, $5. 210
320	320	(5) REQUIRED STATEMENT.—The applications for permanent 211
321	321	disabled parking permits and temporary disabled parking permits 212
322	322	are official state documents. The following statement must 213
323	323	appear on each application form immediately below the 214
324	324	physician's signature and immediately below the applicant's 215
325	325	signature: "Knowingly providing false information on this 216
326	326	application is a misdemeanor of the first degree, punishable as 217
327	327	provided in s. 775.082, Florida Statutes, or s. 775.083, Florida 218
328	328	Statutes. The penalty is up to 1 year in jail or a fine of 219
329	329	$1,000, or both." 220
330	330	(6) PENALTIES.— 221
331	331	(a) A Any person who knowingly makes a false or misleading 222
332	332	statement in an application or certification under this section 223
333	333	commits a misdemeanor of the first degree, punishable as 224
334	334	provided in s. 775.082 or s. 775.083. 225
335	335
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	(b)(7) A Any person who fraudulently obtains or unlawfully 226
348	348	displays a disabled parking permit that belongs to another 227
349	349	person while occupying a disabled parking space or an access 228
350	350	aisle as defined in s. 553.5041 while the permitholder owner of 229
351	351	the permit is not being transported in the motor vehicle or who 230
352	352	uses an unauthorized replica of such a disabled parking permit 231
353	353	with the intent to deceive commits is guilty of a misdemeanor of 232
354	354	the second degree, punishable as provided in s. 775.082 or s. 233
355	355	775.083. 234
356	356	(7)(8) CONFISCATION OF DISABLE D PARKING PERMIT.—A law 235
357	357	enforcement officer or a parking enforcement specialist may 236
358	358	confiscate the disabled parking permit from a any person who 237
359	359	fraudulently obtains or unlawfully uses such a permit. A law 238
360	360	enforcement officer or a parking enforcement speci alist may 239
361	361	confiscate a any disabled parking permit that is expired, 240
362	362	reported as lost or stolen, or defaced or that does not display 241
363	363	a personal identification number. 242
364	364	(a) The permit number of each confiscated disabled parking 243
365	365	permit must be submitted to the department, and the fact that 244
366	366	the disabled parking permit has been confiscated must be noted 245
367	367	on the permitholder's record. If two disabled parking permits 246
368	368	issued to the same person have been confiscated, the department 247
369	369	shall refer the information to the central abuse hotline of the 248
370	370	Department of Children and Families for an investigation of 249
371	371	potential abuse, neglect, or exploitation of the permitholder 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	permit owner. 251
385	385	(b) A confiscated disabled parking permit must be held as 252
386	386	evidence until a judicial decision about the violation has been 253
387	387	made. After a finding of guilt has been made or a plea of nolo 254
388	388	contendere has been entered, the charging agency shall destroy 255
389	389	the confiscated disabled parking permit. A confiscated disabled 256
390	390	parking permit may not, under any circumstances, be returned to 257
391	391	the permitholder its registered owner after a finding of guilt 258
392	392	has been made or a plea of nolo contendere has been entered in 259
393	393	court. If a finding of guilt has been made or a plea of nolo 260
394	394	contendere has been entered for fraudulent or other unlawful use 261
395	395	of a disabled parking permit after a prior finding of guilt or 262
396	396	plea of nolo contendere for fraudulent or other unlawful use of 263
397	397	a disabled parking permit issued to the same registered 264
398	398	permitholder, the permitholder may not apply for a new disabled 265
399	399	parking permit for 4 years. The permit number of each destroyed 266
400	400	permit must be reported to the department, and the department 267
401	401	must record in the real -time disabled parking permit database 268
402	402	that the permit has been invalidated. 269
403	403	(8)(9) REVIEW.— 270
404	404	(a) At least once every 6 months, the department shall 271
405	405	randomly review disabled parking permitholders to ensure that 272
406	406	all required criteria for the ownership and possession of such 273
407	407	permit remain valid. As a component o f the review, the 274
408	408	department shall, at a minimum: 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	1. Review death records maintained by the Department of 276
422	422	Health to ensure that the permitholder is not deceased has not 277
423	423	died. 278
424	424	2. Review the number of times the permit has been 279
425	425	confiscated for fraudulent or unlawful use, if at all. 280
426	426	3. Determine whether if the permit has ever been reported 281
427	427	lost or stolen and, if so, determine the current status of the 282
428	428	permit. 283
429	429	(b) At least annually, the department shall verify that 284
430	430	the holder owner of each disabled parki ng permit is not deceased 285
431	431	has not died. Such verification shall include, but need not be 286
432	432	limited to, consultation of death records maintained by the 287
433	433	Department of Health. If a disabled parking permitholder is 288
434	434	found to be deceased, the department shall prom ptly invalidate 289
435	435	the decedent's disabled parking permit. 290
436	436	(9)(10) REPORTS OF ABUSE.—The department shall develop and 291
437	437	implement a means by which persons may can report abuse of 292
438	438	disabled parking permits by telephone hotline or by submitting a 293
439	439	form online or by mail. 294
440	440	(10)(11) FURTHER DISCIPLINARY ACTION. —A violation of this 295
441	441	section is grounds for disciplinary action under s. 458.331, s. 296
442	442	459.015, s. 460.413, s. 461.013, s. 463.016, or s. 464.018, as 297
443	443	applicable. 298
444	444	Section 2. Section 320.08035, Florida Statutes, is amended 299
445	445	to read: 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	320.08035 Persons who have disabilities; reduced dimension 301
459	459	license plate.—The owner or lessee of a motorcycle, moped, or 302
460	460	motorized disability access vehicle who resides in this state 303
461	461	and qualifies for a permanent disabled parking permit for a 304
462	462	person who has a disability under s. 320.0848, upon application 305
463	463	and payment of the appropriate license tax and fees under s. 306
464	464	320.08(1), must be issued a license plate that has reduced 307
465	465	dimensions as provided under s. 320.06(3)(a). The pla te must be 308
466	466	stamped with the international symbol of accessibility after the 309
467	467	numeric and alpha serial number of the license plate. The plate 310
468	468	entitles the person to all privileges afforded by a permanent 311
469	469	disabled parking permit issued under s. 320.0848. 312
470	470	Section 3. Paragraph (b) of subsection (5) of section 313
471	471	320.084, Florida Statutes, is amended to read: 314
472	472	320.084 Free motor vehicle license plate to certain 315
473	473	disabled veterans.— 316
474	474	(5) A county or municipality, or any agency thereof, may 317
475	475	not impose upon any pe rson who is issued a license plate with 318
476	476	the international accessibility symbol, under this section, any 319
477	477	fee or penalty for parking in any metered or timed parking space 320
478	478	except: 321
479	479	(b) When the person is parked without a permanent disabled 322
480	480	parking permit issued under s. 320.0848 in a space designated 323
481	481	for use by persons who have disabilities. 324
482	482	Section 4. Paragraph (b) of subsection (2) of section 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	320.0842, Florida Statutes, is amended to read: 326
496	496	320.0842 Free motor vehicle license plates to veterans who 327
497	497	use wheelchairs.— 328
498	498	(2) In order to be eligible for the motor vehicle license 329
499	499	plate described in subsection (1), a person must comply with the 330
500	500	following provisions: 331
501	501	(b) The veteran must offer, in addition to the proof 332
502	502	required by s. 320.084(1), proof that d ue to a service-connected 333
503	503	disability he or she permanently uses a wheelchair or proof, in 334
504	504	the form of an application that conforms to the requirements set 335
505	505	forth in s. 320.0848, that he or she qualifies for a permanent 336
506	506	disabled parking permit under that sec tion. The license plate 337
507	507	entitles the person to all privileges afforded by a permanent 338
508	508	disabled parking permit issued under s. 320.0848. 339
509	509	Section 5. Subsection (1) of section 320.0843, Florida 340
510	510	Statutes, is amended to read: 341
511	511	320.0843 License plates for p ersons with disabilities 342
512	512	eligible for permanent disabled parking permits. — 343
513	513	(1) Any owner or lessee of a motor vehicle who resides in 344
514	514	this state and qualifies for a permanent disabled parking permit 345
515	515	under s. 320.0848(2), upon application to the department and 346
516	516	payment of the license tax for a motor vehicle registered under 347
517	517	s. 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), 348
518	518	or (9)(c) or (d), shall be issued a license plate as provided by 349
519	519	s. 320.06 which, in lieu of the serial number prescribed by s. 350
520	520
521	521	HB 149 2023
522	522
523	523
524	524
525	525	CODING: Words stricken are deletions; words underlined are additions.
526	526	hb0149-00
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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530	530
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532	532	320.06, shall be stamped with the international wheelchair user 351
533	533	symbol after the serial number of the license plate. The license 352
534	534	plate entitles the person to all privileges afforded by a 353
535	535	permanent disabled parking permit issued under s. 320.0848. When 354
536	536	more than one registrant is listed on the registration issued 355
537	537	under this section, the eligible applicant shall be noted on the 356
538	538	registration certificate. 357
539	539	Section 6. This act shall take effect July 1, 2023. 358