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CalAttorney2
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Experience:  Civil litigation attorney for individuals and businesses.
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I am 90.8 years old, 't have a state FLORIDA Drivers

Customer Question

I am 90.8 years old, don't have a state FLORIDA Drivers license. I was issued a Handicapped card on the basis of a MDs signature because I have shortness of breath when I walk short distances and must rest when there are longer distafnces involved. I live in a Continuing Care Community that is gated and the gates close after every car enters. The community says I cannot use the Handicapped parking space for cars or golf carts (4 on campus), no regular golf cart parking space near, MVD requires that the cart be registered, it has a license plate, and I have a drivers license. I contend that this applies to some one that will drive off the private property campus and if I only drive on the campus of the Continuing Care Community it does not apply to me. An assistant to the Florida State Senator Aaron Bean referred me to these statutes:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0320/Sections/0320.0848.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.212.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.2122.html
Can you find any legal documentation that would permit me to park in a Handicapped Golf Cart Parking spot?
My Email is***@******.***
My phone is(###) ###-####cell or 904,(###) ###-####ext 673.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

The law on this is pretty simple. The use of a handicap stall is designed to ensure that the occupant of a vehicle (either the driver or the passenger) with a valid handicap placard or license plate has ready access to the building. The facility is violating ADA regulations by prohibiting you from using handicap accessible spaces.

(See: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0553/Sections/0553.5041.html).

You can report ADA violations to the US Dept. of Justice here: http://www.ada.gov/filing_complaint.htm

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