Florida Statutes

Fla. Stat. § 316.1955 (2025)

Enforcement of parking requirements for persons who have disabilities.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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316.1955 Enforcement of parking requirements for persons who have disabilities.—

(1) 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 s. 553.5041, unless the vehicle displays a disabled parking permit issued under s. 316.1958 or s. 320.0848 or a license plate issued under s. 320.084, s. 320.0842, s. 320.0843, or s. 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 s. 553.5041 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 in s. 553.5041.

(a) 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.

(b) 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 s. 316.008(4) or s. 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.

(c) 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.

(d) 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 s. 843.02.

(2) It is unlawful for any person to 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.

(3) Any person who is chauffeuring a person who has a disability is allowed, without need for a disabled 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.

(4)(a) A vehicle that is transporting a person who has a disability and that has been granted a permit under s. 320.0848(1)(a) may be parked for a maximum of 30 minutes in any parking space reserved for persons who have disabilities.

(b) Notwithstanding paragraph (a), a theme park or an entertainment complex as defined in s. 509.013(9) which provides parking in designated areas for persons who have disabilities may allow any vehicle that is transporting a person who has a disability to remain parked in a space reserved for persons who have disabilities throughout the period the theme park is open to the public for that day.

History.—s. 1, ch. 75-105; s. 1, ch. 76-31; s. 2, ch. 77-83; s. 1, ch. 77-444; ss. 1, 8, ch. 79-82; s. 123, ch. 79-400; s. 1, ch. 80-196; s. 2, ch. 84-234; s. 2, ch. 85-227; s. 1, ch. 87-225; s. 22, ch. 90-330; s. 80, ch. 91-221; s. 3, ch. 93-183; s. 2, ch. 96-200; s. 25, ch. 96-350; s. 8, ch. 97-76; s. 1, ch. 98-202; s. 89, ch. 99-13; s. 146, ch. 99-248; s. 16, ch. 2000-141; s. 10, ch. 2006-290.

Note.—Former s. 316.165.

Civil Citations under F.S. 316.1955

Driver's license points · R = revocation · S = suspension

§316.1955Park Handicapped Zone—

§316.1955(1)HANDICAP parking area - illegally parking in space (UTC MUST BE HAND DELIVERED TO DRIVER)—

§316.1955(2)HANDICAP parking - obstructing access to parking space—

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1983–2025 · leading case: Abella v. Simon, 831 F. Supp. 2d 1316 (S.D. Fla. 2011).

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Abella v. Simon, 831 F. Supp. 2d 1316 (S.D. Fla. 2011). · cites it 17× “Fla. Stat. § 316.1955 (1). Florida Statutes define the terms “stop,” “stand,” and “park.”

State of Florida v. Marlon Manuel Diaz (Fla. 6th DCA 2024). · cites it 8× “6 Second, there was no competent substantial evidence about how long it takes a person to display a disability parking permit; nor does section 316.1955 contain language expressly requiring that law enforcement wait a specific amount of time before initiating a traffic stop for…”

United States v. Deondre Bain (11th Cir. 2025). “Bain argues that there was no reasonable suspicion that he violated Fla. Stat. § 316.1955 (1) because the officers only witnessed his vehicle backing out of the handicap space—not stop- ping, standing, or parking in the space in violation of the statute.”

Barcena v. Dep't of Off-Street Parking, 492 F. Supp. 2d 1343 (S.D. Fla. 2007). “02-21572-Civ-Seitz;” 2) the "Notice of Filing City of Miami Ordinance Regarding Due Process Procedures;” 3) Miami-Dade Ordinance § 30-389; 4) Florida Statutes § 316.1955; and 5) Miami Code § 42-36. DOSP filed a Response to Plaintiff's Motion to Take Judicial Notice [DE # 161].”

City of Lauderhill v. Jackson, 4 Fla. Supp. 2d 116 (Fla. Broward Cty. Ct. 1983). “In view of this, the State Legislature itself may wish to review F.S. 316.1955, the State’s handicapped parking law that carries a fine of only 0.”

City of Margate v. Wooten, 45 Fla. Supp. 2d 12 (Fla. Cir. Ct. 1990). “008(4) provides that: “(4) A county or municipality may enact an ordinance providing a fine for the violation of § 316.1955 or § 315.1956 in excess of the fine specified by §318.”

— 316.1955(1) — 2 cases

Abella v. Simon, 831 F. Supp. 2d 1316 (S.D. Fla. 2011). “Fla. Stat. § 316.1955 (1). Florida Statutes define the terms “stop,” “stand,” and “park.”

State of Florida v. Marlon Manuel Diaz (Fla. 6th DCA 2024). “6 Second, there was no competent substantial evidence about how long it takes a person to display a disability parking permit; nor does section 316.1955 contain language expressly requiring that law enforcement wait a specific amount of time before initiating a traffic stop for…”

— 316.1955(1)(b)(7) — 1 case

Abella v. Simon, 831 F. Supp. 2d 1316 (S.D. Fla. 2011). “Fla. Stat. § 316.1955 (1). Florida Statutes define the terms “stop,” “stand,” and “park.”

— 316.1955(1)(d) — 1 case

— 316.1955(3) — 1 case

— 316.1955(l)(b) — 1 case

Abella v. Simon, 831 F. Supp. 2d 1316 (S.D. Fla. 2011). “Fla. Stat. § 316.1955 (1). Florida Statutes define the terms “stop,” “stand,” and “park.”

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