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

-2-

coverage 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

MEMBER:
C.W. BILL YOUNG COMMITTEE ON
10th District, Florida APPROPRIATIONS
2407 Rayburn Building SUBCOMMITTEE
ON
Washington, DC 20515-0910 Congress of the United States NATIONAL
DEFENSE
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 com-
parable 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 sec-
ond, 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 phy-
sician'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 exemp-
tion 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 identifica-
tion and an affidavit of the department signed by the
applicant which attests to the applicant's continued dis-
ability.
(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 demon-
strate 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 pro-
784
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 resi-
dent of this state, has been honorably discharged, and
either has been determined by the 1Veterans Adminis-
tration of the Federal Government to have a service-
connected disability rating for compensation of 50 per-
cent or greater or has been determined to have a ser-
vice-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 physi-
cian'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 appli-
cant 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 park-
ing 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 handi-
capped parking data base and replacement parking per-
mit 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 remov-
ing transportation barriers: $4. Such fees shall be depos-
ited 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 addi-
tional parking spaces for use for persons with disabili-
ties, beyond the number required by s. 316.1955, to
accommodate increased demand for such spaces.
(5) Any person who knowingly makes a false or mis-
leading 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 unlaw-
fully uses such an exemption parking permit or who uses
an unauthorized replica of such exemption parking per-
mit 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), effec-
tive 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