Florida Senate - 2010                              CS for SB 308
       
       
       
       By the Committee on Health Regulation; and Senator Wise
       
       
       
       
       588-01389-10                                           2010308c1
    1                        A bill to be entitled                      
    2         An act relating to disorders affecting a person’s
    3         ability to operate a motor vehicle; amending s.
    4         322.126, F.S.; requiring a physician or a person
    5         having knowledge of a licensed driver’s or applicant’s
    6         mental or physical disability to drive or need to wear
    7         a medical identification bracelet to report such
    8         knowledge to the Department of Highway Safety and
    9         Motor Vehicles; providing that a physician or a person
   10         who reports a licensed driver’s or applicant’s mental
   11         or physical disability to drive or need to wear a
   12         medical identification bracelet is not
   13         administratively, civilly, or criminally liable for
   14         making such report; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 322.126, Florida Statutes, is amended to
   19  read:
   20         322.126 Report of disability to department; content; use.—
   21         (1) For the purpose of the reports authorized by this
   22  section, the Department of Highway Safety and Motor Vehicles,
   23  assisted by the Medical Advisory Board, shall:
   24         (a) Define mental or physical disabilities affecting the
   25  ability of a person to safely operate a motor vehicle.
   26         (b) Develop and keep current coded restrictions to be
   27  placed upon drivers’ licenses of persons who are required to
   28  wear medical identification bracelets when operating a motor
   29  vehicle.
   30         (2) Any physician, person, or agency having knowledge of
   31  any licensed driver’s or applicant’s mental or physical
   32  disability to drive or need to obtain or to wear a medical
   33  identification bracelet must is authorized to report such
   34  knowledge to the Department of Highway Safety and Motor
   35  Vehicles. The report should be made in writing giving the full
   36  name, date of birth, address, and a description of the alleged
   37  disability of any person over 15 years of age having mental or
   38  physical disorders that could affect his or her driving ability.
   39         (3)(a) The reports authorized by this section are shall be
   40  confidential and exempt from the provisions of s. 119.07(1) and
   41  shall be used solely for the purpose of determining the
   42  qualifications of any person to operate a motor vehicle on the
   43  highways of this state.
   44         (b) An administrative, No civil, or criminal action may not
   45  be brought against any physician, person, or agency who provides
   46  the information required by subsection (2) herein.
   47         (4) A No report forwarded under the provisions of this
   48  section may not shall be used as evidence in any civil or
   49  criminal trial or in any court proceeding.
   50         Section 2. This act shall take effect July 1, 2010.