APR 29 1996 The Honorable Bill Young U.S. House of Representatives Washington, D.C.

20515-0910 Dear Congressman Young: This is in response to your letter on behalf of your constituent, Mr. XX regarding the Americans with Disabilities Act of 1990 (ADA). Please excuse our delay in responding. Mr. XX asks about the ADA's application to Florida's assessment of a fee for issuance of a permit to be displayed in a vehicle to indicate that its occupant has a disability and is entitled to use designated accessible parking spaces. Title II of the ADA requires State and local government entities to make their programs, including their public parking programs, accessible to individuals with disabilities. Therefore, if a State or local government provides parking at a facility, it must provide an appropriate number of accessible parking spaces for individuals with disabilities. In order to ensure that the accessible spaces are available when needed by individuals with disabilities, the spaces must be reserved for the exclusive use of such individuals. According to Mr. XX letter, the State of Florida effects the reservation of accessible parking spaces by requiring users of such parking to display a particular permit. Title II of the ADA prohibits a public entity from imposing a surcharge on an individual with a disability for any measure that is necessary in order to ensure nondiscriminatory treatment required by the ADA. 28 C.F.R. S 35.130(f) (enclosed). Because accessible parking is required by the ADA to be reserved for individuals with disabilities and because the issuance of permits is Florida's method of reserving the accessible spaces, Florida may be prohibited from charging a fee for such permits. However, if Florida provides some alternate means, such as license plates with the international symbol of accessibility (ISA), to allow individuals with disabilities to use accessible spaces and if there is no surcharge for the alternate means, then

Florida may charge for its special permits, as long as the cc: Records, Chrono, Wodatch, McDowney, Hill, FOIA n:\udd\hille\polcilt\young.ltr\sc. young-parran 01-04248 -2coverage of the two means is equivalent (i.e., every individual with a disability has the choice and no one is required to use just one of the options). Florida law apparently authorizes issuance of ISA license plates to individuals who use wheelchairs. Consistent with the ADA, Florida apparently charges such individuals the same fee for such plates as it charges non-disabled individuals for ordinary plates. However, individuals with disabilities that limit their ability to walk significant distances, but who do not use wheelchairs, are apparently not given the option, under Florida law, of applying for ISA license plates. Instead, they are required to obtain a parking permit by paying a $15 fee. For these individuals, for whom there is no surcharge-free option for obtaining access to required accessible parking spaces, the assessment of the extra fee appears to violate title II of the ADA. I hope this information is helpful to you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division Enclosure 01-04249 C.W. BILL YOUNG 10th District, Florida 2407 Rayburn Building ON Washington, DC 20515-0910 Congress of the United States DEFENSE MEMBER: COMMITTEE ON APPROPRIATIONS SUBCOMMITTEE NATIONAL

DISTRICT OFFICES: House of Representatives Suite 527 SUBCOMMITTEE ON 144 First Avenue, South Washington, DC 20515-0910 HEALTH AND EDUCATION St. Petersburg, FL 33701 PERMANENT SELECT COMMITTEE ON Suite 506 INTELLIGENCE ILLEGIBLE West Bay Drive August 24, 1995 Largo, FL 34640 The Honorable Janet Reno Office of Legislative Affairs 10th & Constitution, Room 1145 Washington, D.C. 20530 Dear Attorney General Reno: This is to share with you the concerns of my constituent Mr. XX regarding the American's with Disabilities Act and Florida's $15 fee for exemption parking permits. Please investigate the statements contained in the enclosed correspondence and forward the necessary information for reply to my Washington office. Should you have any questions please contact Gregory Lankler in my office, at (202) 225-5961. Thank you for your assistance in this matter, and with best wishes and personal regards, I am, Very truly yours, C. W. Bill Young Member of Congress CWY:gml RECYCLED PAPER 01-04250 Ch. 320 MOTOR VEHICLE LICENSES F.S. 1993

320.0848 Disabled persons; issuance of exemption parking permits; temporary permits; permits for certain

providers of transportation services to persons with disabilities.-(1)(a) The Department of Highway Safety and Motor Vehicles or its authorized agents shall, upon application, issue an exemption parking permit for a period of 4 years to any person who has permanent mobility problems, or a temporary exemption parking permit not to exceed 90 days to any person with temporary mobility problems, together with an identification card. Such persons with disabilities shall be currently certified by a physician licensed under chapter 458, chapter 459, or chapter 460, or a podiatrist licensed under chapter 461, or comparable licensing in another state, by the Division of Blind Services of the Department of Education, or by the Adjudication Office of the United States Department of Veterans Affairs or its predecessor as having any of the following disabilities that limit or impair his ability to walk or who is certified as legally blind: 1. Inability to walk 200 feet without stopping to rest. 2. Inability to walk without the use of or assistance from a brace, cane, crutch, prosthetic device, or other assistive device, or without the assistance of another person. If the assistive device significantly restores the person's ability to walk to the extent that the person can walk without severe limitation, the person is not eligible for the exemption parking permit. 3. Permanently uses a wheelchair. 4. 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/hg on room air at rest. 5. Use of portable oxygen. 6. Restriction by cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association. 7. Severe limitation in the person's ability to walk due to an arthritic, neurological, or orthopedic condition. (b) The certificate of disability shall include, but not be limited to: 1. The disability of the applicant; the certifying physician's name and address; the physician's certification number; the eligibility criteria for the permit; the penalty for falsification by either the certifying physician or the

applicant; and the duration of the condition that entitles the person to the permit. 2. The certificate of disability shall be signed by both the physician and the applicant or the applicant's parent or guardian. (c) The Department of Highway Safety and Motor Vehicles shall renew, for a period of 4 years, the exemption parking permit of any person with disabilities upon presentation of the certification required by paragraph (b) or the identification card issued by the department with the previous permit together with proper identification and an affidavit of the department signed by the applicant which attests to the applicant's continued disability. (d) The Department of Highway Safety and Motor Vehicles shall promulgate rules, in accordance with chapter 120, for the issuance of an exemption parking permit to any organization which can adequately demonstrate a bona fide need for such permit because the organization provides regular transportation services to persons with disabilities who are certified as provided in paragraph (a). (2) EXEMPTION PARKING PERMIT; PERSONS WITH PERMANENT MOBILITY PROBLEMS.-(a) The exemption parking permit shall be a placard and shall be renewed every 4 years in the birth month of the applicant. Each side of the placard shall have the international symbol of access in a contrasting color in the center so as to be visible, and the expiration date, and shall be suitable for display on a dashboard or from a rearview mirror. (b) License plates issued pursuant to ss. 320.084, 320.0842, 320.0843, and 320.0845 shall be valid for the same parking privileges and other privileges provided for under ss. 316.1955, 316.1956, and 526.141(5)(a). (c)1. Except as provided in subparagraph 2., the fees for the exemption parking permit and renewal are $15 for the initial parking permit, $1 for each additional parking permit, $15 for each renewal parking permit, and $1 for each additional renewal parking permit. The Department of Highway Safety and Motor Vehicles shall receive $13.50 from the moneys derived from the pro784 01-04251

F.S. 1993

MOTOR VEHICLE LICENSES

Ch. 320

ceeds of the initial exemption parking permit fee and $13.50 from the moneys derived from the proceeds of the renewal fee therefor, and the tax collector of the county in which the fee was generated shall receive $1.50 from each such fee, to defray the expenses of administering this section. 2. If an applicant who is a disabled veteran, is a resident of this state, has been honorably discharged, and either has been determined by the 1Veterans Administration of the Federal Government to have a serviceconnected disability rating for compensation of 50 percent or greater or has been determined to have a service-connected disability rating of 50 percent or greater and is in receipt of both disability retirement pay from the 1Veterans Administration and has a signed physician's statement of qualification for the handicapped parking permits, the fees are $1.50 for the initial parking permit, $1 for each additional parking permit, $1.50 for each renewal parking permit, and $1 for each additional renewal parking permit. The fee must be paid to the tax collector of the county in which the fee was generated. The department shall not issue to any one eligible applicant more than two exemption parking permits upon request of the applicant. The provisions of subsections (1), (4), (5), and (6) shall apply to this subsection. (3) EXEMPTION PARKING PERMIT: TEMPORARY. (a) A person desiring a temporary exemption parking permit shall apply to the tax collector in his county of residence on a form furnished by the Department of Highway Safety and Motor Vehicles. 2(b) The application form shall be accompanied by a fee in the amount of $15. Such fee shall be distributed as follows: 1. To the tax collector for processing: $2.50. 2. To the Department of Highway Safety and Motor Vehicles: $3.50. Of such fee, $1 shall be deposited into the Motor Vehicle License Plate Replacement Trust Fund to be used for implementation of a real-time handicapped parking data base and replacement parking permit program. 3. To the Florida Governor's Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities of per-

sons with disabilities, with special emphasis on removing transportation barriers: $4. Such fees shall be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governor's Alliance for the Employment of Disabled Citizens. 4. To the Transportation Disadvantaged Trust Fund for the purpose of funding matching grants to counties for the purpose of improving transportation of persons with disabilities: $5. (4) Any county or municipality may designate additional parking spaces for use for persons with disabilities, beyond the number required by s. 316.1955, to accommodate increased demand for such spaces. (5) Any person who knowingly makes a false or misleading statement in an application or certification under this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (6) Any person who fraudulently obtains or unlawfully uses such an exemption parking permit or who uses an unauthorized replica of such exemption parking permit with the intent to deceive is guilty of a nonmoving traffic violation, punishable as provided in ss. 316.008(4) and 318.18(7). (7) A violation of this section shall be grounds for disciplinary action pursuant to s. 458.331, s. 459.015, s. 460.413, or s. 461.013, as applicable. (8) The Department of Highway Safety and Motor Vehicles shall adopt rules to implement this section. ILLEGIBLE.--s. 7, ch. 79-82; s. 3, ch. 80-ILLEGIBLE; 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. 90-333; s. 06, ch. 93-120, s. 1, ch. 93-127; s. 12, ch. 93-208. ILLEGIBLENote.--ILLEGIBLE as the United States Department of Veterans Affairs by s 2, Pub L. No 100-527. ILLEGIBLENote.--Section ILLEGIBLE, ch. 93-120, amended paragraph (b) of subsection (3), effective July 1, 1994, to ILLEGIBLE. (b) The application form shall be accompanied by a fee in the amount of $15. Such fee shall be distributed as follows: 1. To the tax collector for processing: $2.50. 2. To the Department of Highway Safety and Motor Vehicles. $3.50. Such fee shall be deposited into the Highway Safety Operating Trust Fund to be used for implementation of a real-time handicapped parking data base and replacement

parking permit program and for operations of the department. 3. To the Florida Governor's Alliance for the Employment of Disabled Citizens for the purpose of improving employment and training opportunities of persons with disabilities, with special emphasis on removing transportation barriers: $4. Such fees shall be deposited into the Transportation Disadvantaged Trust Fund for transfer to the Florida Governor's Alliance for the Employment of Disabled Citizens. 4. To the Transportation Disadvantaged Trust Fund for the purpose of funding matching grants to counties for the purpose of improving transportation of persons with disabilities: $5. 785 01-04252​The Honorable ILLEGIBLE Young 3 July, ILLEGIBLE United State House of Representatives Washington, DC ILLEGIBLE Dear Congressman Young: ILLEGIBLE of Florida has imposed an illegal and discriminatory $15.00 tax on a tag that ILLEGIBLE in the front window of the automobile for handicap parking. We, as tax paying citizens of Florida, pay the same tax that all other citizens pay, so this has to be a tax on the handicapped. This illegal and discriminatory tax is imposed upon a group of residents that can least afford this extra financial burden. The Federal Register / Vol. 56, No. 144 / Friday, July 26, 1991 / Rules and Regulations / Nondiscrimination on the basis of Disability in State and Local Government Services; Final Rule. Subpart B Section ILLEGIBLE.130 Paragraph (F) provides that a public entity may not place a surcharge on a particular individual with a disability, or any group of individuals with disabilities to cover any cost of measures required to provide that individual or group with the nondiscriminatory treatment required by this act or this part. Such measures may include the provision of auxiliary aids of modifications to provide program accessibility. Section 35.101 states the purpose of the rule, which is to effectuate subtitle A of title 11 of the Americans with Disabilities Act of 1990 ILLEGIBLE the Act) which ILLEGIBLE discrimination on the basis of disability by public entities. Section 35.104 Definitions: Public entity means- (1) Any State or local government; (2) Any department, agency,

special purpose ILLEGIBLE or other instrumentality of a State or States or local government. Your help as an United State Congressman to rectify this illegal and discriminatory tax would be much appreciated. I request that the State of Florida cease collecting this tax and refund all money collected by this tax to the disabled person that paid this illegal and discriminatory tax. XX XX XX XX XX Enclosures: Copy of distribution of fees (present) Copy of distribution of fees (ILLEGIBLE 01-04253