AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED “TRAFFIC AND VEHICLES,” BY AMENDING ARTICLE II, ENTITLED “METERED PARKING,” BY AMENDING DIVISION 1, ENTITLED “GENERALLY,” BY AMENDING SECTION 106-55 THEREOF, ENTITLED “PARKING RATES, FEES, AND PENALTIES; EXCEPTIONS,” BY ESTABLISHING A VOLUNTARY DISABLED PERSON PARKING REGISTRATION PROGRAM FOR INDIVIDUALS PROPERLY IN POSSESSION OF A VALID DISABLED PERSON PARKING PERMIT OR DISABLED PERSON LICENSE PLATE, IN ORDER TO PROVIDE THOSE PERSONS WHO ELECT TO REGISTER WITH THE CITY THE BENEFIT OF PARKING WITHOUT INCURRING A FEE WHEN PARKED IN CITY PARKING LOTS, FACILITIES, AND TIMED ON-STREET METERED PARKING SPACES; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

On December 14, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred for discussion, Item C4 J to the Finance and Economic Resiliency Committee (FERC or Committee) and the Disability Access Committee (DAC).

At the February 17, 2023 FERC meeting, the Committee discussed the subject item and also discussed a similar item sponsored by then Commissioner Richardson, both pertaining to managing disabled parking curb abuse. The Committee discussed the potential for a registration process that would allow disabled placard holders to park at on-street parking facilities in excess of posted times.

The Committee recommended that the discussion continue to the June 23, 2023 FERC meeting, where ultimately the Committee unanimously supported forwarding the proposed ordinance to the City Commission with a favorable recommendation.

The ordinance was scheduled for First Reading at the September 13, 2023 Commission meeting (Item R5 AA) but was not reached. It was then scheduled for the October 18, 2023 Commission meeting (Item R5 X) but was again not reached.

The Parking Department worked with the City Attorney’s Office to identify possible actions to help mitigate disabled placard abuse. Florida Statute 316.1964 authorizes counties and municipalities to charge parking rates to vehicles displaying a disabled parking placard at garages and lots, except for vehicles displaying a Florida Toll Exemption permit, vehicles displaying a disabled veteran license plate and vehicles with specialized equipment, such as ramps, lifts or foot or hand controls.

Miami-Dade County Code, 30-43(7)(c) also allows municipalities to charge and collect parking fees for parking in City facilities and parking lots that provide timed parking spaces for vehicles displaying a disabled parking placard, permit or license plate, except for the exemptions provided by Florida law (listed above). Based on the above, the City has the authority to charge vehicles displaying a disabled placard for parking in municipal lots and garages.

For on-street parking, the City may impose time limits and fees for all persons, including those with disabled placards. When an on-street parking meter restricts the duration of time that a vehicle may be parked, a vehicle properly displaying a disabled placard or permit may be penalized if parked in excess of posted time limits or parked in areas that are clearly defined as one of the following: bus loading zones; fire zones or fire lanes; emergency vehicle zones; access aisles adjacent to parking spaces for persons who have disabilities; or in areas posted as "no parking" zones. Currently, all persons with disabled placards receive a maximum of four (4) hours free on-street parking but are bound by established time limits for on-street parking similar to all other persons.

In the case where the time limit exceeds four (4) hours, disabled placard holders can be limited to four (4) hours of free parking but would be subject to the established fees for the hours that extend beyond four (4) hours. For example, if there is a two (2)-hour on-street maximum in a particular area, then a person with a disabled placard would be subject to the same two (2)-hour limit but would get such two (2) hours free. However, if the established time limit exceeds four (4) hours, then the disabled placard holder gets a maximum of four (4) free hours, but then must pay for the remaining hours should the disabled placard holder park beyond those initial four (4) hours.

This item was presented at the April 18, 2023 DAC meeting. The Committee expressed concern that those people who truly need and have a valid disabled placard, would be punished along with those that fraudulently obtained disabled placards.

Proposed Ordinance: Voluntary Disabled Person Parking Registration Program

The City Attorney's Office prepared a proposed draft ordinance regarding a voluntary registration program. By establishing a Voluntary Disabled Person Parking Registration Program for persons with valid disabled parking placards and license plates, the City may be better able to mitigate the ongoing issues surrounding the abuse of disabled parking permits/placards and license plates. Additionally, the City may also be better able to distinguish valid and properly issued disabled parking permits/placards and license plates from those that were not properly issued or are being utilized in an inappropriate and/or illegal manner.

The Voluntary Disabled Person Parking Registration Program would require that registrants provide certain basic information concerning their vehicle and the physician who certified their eligibility to receive such disabled parking permit/placard or license plate. The City would provide registrants with free parking in City lots, facilities, and timed on-street metered parking spaces (with the exception of designated residential parking permit zones).

The proposed ordinance (Attachment A) would amend Chapter 106 of the City Code and provide for the following:

Voluntary parking registration program for disabled persons. The city shall establish, and the parking department shall implement and administer, a voluntary disabled person parking registration program which shall be made available to any person properly in possession of a valid disabled person parking permit or license plate.

(a) Registrants electing to participate in the program must provide the following basic information, in a form and manner to be determined by the parking department, prior to being enrolled in the program:

(i) the name, address and telephone number of the registrant (the person to whom the disabled person parking permit, disabled person license plate or disabled veteran license plate was issued);

(ii) the make, model and license plate number of the registrant’s vehicle, or the vehicle used to transport the registrant. The parking director, or designee, may approve the registrant enrolling more than 1 vehicle, as may be necessary, in the sole discretion of the parking director or designee, based upon the particular circumstances of the registrant;

(iii) a certification from the physician or other medical professional that approved the issuance of the disabled parking permit or license plate, or disabled veteran license plate to the registrant; or, alternatively, the registrant may provide the name, business address, telephone number, and
medical license number of the physician or other medical professional that approved the issuance of the disabled parking permit or license plate, or disabled veteran license plate to the registrant; and

(iv) a fully executed and duly notarized consent, waiver and release, in a form to be provided by the city, providing express consent for the city to contact the physician or other medical professional who approved the issuance of the registrant’s disabled parking permit or license plate, for the limited purpose of the city verifying that such physician or other medical professional exists, is properly licensed and, in fact, certified the registrant as having a qualifying disability.

(b) Registrants approved for enrollment in the program by the parking director, or designee, shall be entitled to park, without incurring any fee, in city parking lots, facilities and timed on-street metered parking spaces, except that the restrictions on parking within designated residential parking permit zones shall not be included, as parking in designated residential zones shall still be governed by section 106-84 of the city code.

The abuse of disabled placards negatively impacts parking revenues, but more importantly, it impacts accessible parking space availability for those who genuinely need them.  The proposed disabled parking placard registration program will serve to curb placard abuse, while providing those with disabled placards who opt to register with the City, the same parking benefits they enjoy today.