What is Florida’s Pregnancy Parking Law?
In 2025, Florida passed a law that lets anyone who is pregnant get an Expectant Mother Parking Permit. The Florida law says that someone with this permit can park in a disability parking space. The permit lasts for one year. Fla. Stat. Ann. § 320.0849. An applicant gets the permit if their doctor certifies their pregnancy. Here is the Application for Expectant Mother Parking Permit.
The only requirement for the permit is pregnancy. There is no requirement that the applicant show any mobility impairment or another disability.
What is a disability parking space?
The Americans with Disabilities Act says that parking areas have to have disability parking spaces. These are accessible parking spaces for people with disabilities. They are sometimes called “blue spaces” because of their blue marking.
An accessible parking space is safe and usable for people with mobility disabilities. It is flat, wide, and near a short accessible path to the entrance. It has a striped area called an access aisle. The access aisle makes it so a person can safely exit their vehicle and get to the path. The access aisle gives enough room for people to get wheelchairs and other devices out of the car. The access aisle gives room for a person to transfer from their car into their wheelchair.
Some accessible parking spaces are for vans. Van spaces are wider. A van space gives enough room for the disabled person to use a ramp or lift to exit the vehicle.
Who can use a disability parking space?
Federal law says that disability parking spaces are reserved for people with disabilities. States give disability parking permits to disabled people who show they are eligible. Every state requires a licensed clinician to certify a significant mobility disability. Some states give parking permits to people with other disabilities like blindness.
Florida is violating federal law because it is letting people without disabilities use disability spaces. Pregnancy, by itself, is not a disability.
How many disability parking places are required?
Federal law says the number of disability parking spaces required. The number depends upon the size of the parking area. The Access Board publishes a chart. The total required is about 2% to 4% of all parking spaces.
Some places like hospitals and rehabilitation centers must have more disability parking spaces. Hospitals must have 10% and rehabilitation centers must have 20%.
Are there enough disability parking spaces for disabled people?
No. Policymakers wrote the first 2% to 4% rule about 50 years ago. We now have many more people with disabilities in the community.
The United Spinal Association studied nineteen states. It found that there are 8 to 10 disability parking permits for every 100 cars. This means there are not enough disability parking spaces for people with disabilities. This means the rule should increase to 10%. Florida has even more disability parking permits – almost 20 for every 100 cars.
Most people with disabilities cannot find disability parking spaces in their communities. More than half have skipped a trip because they are worried they could not find parking.
Can someone who is pregnant get a disability parking placard?
Yes – if they have a disability. The disability can be related to pregnancy or not. For example, someone may have sciatica due to pregnancy and not be able to walk very far. They may be eligible for a temporary disability parking permit. States can give temporary disability parking permits in situations like this one.
Can government and businesses offer parking designated for pregnancy?
Yes. Many businesses offer parking spaces designated for pregnancy. Sometimes these parking spaces are also for families with small children. These businesses offer disability parking spaces plus pregnancy / family parking spaces. They do not take parking spaces away from disabled people.
States can pass laws requiring parking areas to have designated spaces for pregnancy. But these should be new designated parking spaces. States should not give parking spaces reserved for disabled people to nondisabled people.
What are some problems caused by the Expectant Mothers Parking Law?
The Florida law makes parking harder for people with disabilities. The Florida law gives out new disability permits without adding disability parking spaces. More than 250,000 Floridians are eligible for the new permits. People with disabilities already cannot find parking. The new permits make things worse.
The Florida law conflicts with the ADA. A business with parking cannot follow both laws at once. Offering disability parking spaces based on pregnancy violates federal law. Reserving disability parking spaces for people with disabilities violates state law. Business owners who want to make sure their disabled customers have safe parking are in a bind.
The Florida law gives parking permits to people who do not need them. Some people have trouble walking during and after pregnancy. But the Florida law gives a one-year parking permit to anyone who is pregnant, regardless of need. This doesn’t make sense.
I live in Florida – what can I do about the Expectant Mothers Parking Law?
Lawmakers can do better to meet real-world needs of pregnant and disabled Floridians. Contact your elected representative and tell them to repeal the law and start over. You can find your state representative. You can find your state senator.
There is a lawsuit against Florida about the law. You can contact the lawyers bringing the case. The lawyers are with Disability Rights Education and Defense Fund (DREDF). DREDF wants to talk to:
- Disabled people in Florida who cannot find disability parking spaces
- Florida businesses with parking that serve customers who have disabilities and pregnant customers
- Pregnancy advocates who want to work with disabled people
Contact DREDF by email at ptalkington@dredf.org, or by phone at 510-644-2555.
Learn More
Changes Needed in Accessible Parking | United Spinal Association
