House Bill 0261

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    Florida House of Representatives - 2000                 HB 261

        By Representative Starks






  1                      A bill to be entitled

  2         An act relating to impaired drivers; creating

  3         s. 322.2745, F.S.; authorizing the director of

  4         the Department of Highway Safety and Motor

  5         Vehicles to require a person who is licensed to

  6         submit to an examination if the director has

  7         reason to believe the person is incompetent or

  8         unqualified to retain the license; providing

  9         for license retention, suspension, denial, or

10         revocation; providing a definition; providing

11         for the elements of the examination; providing

12         for reports to the director; providing for

13         immunity for certain reports; providing for

14         records; providing for report forms; providing

15         a penalty for false reports; creating s.

16         322.2746, F.S.; creating a Medical/Vision

17         Advisory Board; providing duties limiting

18         liability; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

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22         Section 1.  Section 322.2745, Florida Statutes, is

23  created to read:

24         322.2745  Authority to require examination of driver;

25  retention, suspension, or denial of license.--

26         (1)  The director of the department, having good cause

27  to believe that an operator is incompetent or unqualified to

28  retain his or her license, after giving 10 days' notice to

29  such person in writing by certified mail directed to such

30  person's present known address, may require the person to

31  submit to an examination as prescribed by the director. Upon

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  1  conclusion of the examination, the director may allow the

  2  person to retain his or her license, may suspend, deny, or

  3  revoke the person's license, or may issue the person a license

  4  subject to restrictions. If an examination indicates a

  5  condition that potentially impairs safe driving, the director,

  6  in addition to action with respect to the license, may require

  7  the person to submit to further periodic examinations. The

  8  refusal or neglect of the person to submit to an examination

  9  within 30 days after the date of such notice shall be grounds

10  for suspension, denial, or revocation of the person's license

11  by the director. Notice of any suspension, denial, revocation,

12  or other restriction shall be provided by certified mail. As

13  used in this section, the term "denial" means the act of not

14  licensing a person who is currently suspended, revoked, or

15  otherwise not licensed to operate a motor vehicle. Denial may

16  also include the act of withdrawing a previously issued

17  license.

18         (2)  The examination provided for in subsection (1) may

19  include, but is not limited to, a written test and tests of

20  driving skills, vision, highway sign recognition, and, if

21  appropriate, a physical and/or mental examination.

22         (3)  The director shall have good cause to believe that

23  an operator is incompetent or unqualified to retain such

24  person's license on the basis of, but not limited to, a report

25  by:

26         (a)  Any law enforcement officer;

27         (b)  Any physician, physical therapist or occupational

28  therapist, any chiropractic physician, any registered nurse,

29  any psychologist or social worker, or any optometrist licensed

30  by the state; or

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  1         (c)  Any member of the operator's family within three

  2  degrees of consanguinity, or the operator's spouse, who has

  3  reached the age of eighteen, except that no person may report

  4  the same family member pursuant to this section more than one

  5  time during a 12-month period.

  6

  7  The report must state that the person reasonably and in good

  8  faith believes the driver cannot safely operate a motor

  9  vehicle and must be based upon personal observation or

10  physical evidence which shall be described in the report, or

11  the report shall be based upon an investigation by a law

12  enforcement officer. The report shall be a written declaration

13  in the form prescribed by the department and shall contain the

14  name, address, telephone number, and signature of the person

15  making the report.

16         (4)  Any physician, physical therapist or occupational

17  therapist, any chiropractor, any registered nurse, any

18  psychologist or social worker, or any optometrist licensed by

19  the state, may report to the department any patient diagnosed

20  or assessed as having a disorder or condition that may prevent

21  such person from safely operating a motor vehicle. Such report

22  shall state the diagnosis or assessment and whether the

23  condition is permanent or temporary. The existence of a

24  physician-patient relationship shall not prevent the making of

25  a report by such medical professionals.

26         (5)  Any person who makes a report in good faith

27  pursuant to this section shall be immune from any civil

28  liability that otherwise might result from making the report.

29         (6)  The department shall keep records and statistics

30  of reports made and actions taken against driver's licenses

31  pursuant to this section.

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  1         (7)  The department shall develop a standardized form

  2  and provide guidelines for the reporting of cases and for the

  3  examination of drivers pursuant to this section. The

  4  guidelines shall be published and adopted as required by rule.

  5  The department shall also adopt rules as necessary to carry

  6  out the other provisions of this section. The director shall

  7  provide health care professionals and law enforcement officers

  8  with information about the procedures authorized in this

  9  section. The guidelines and rules implementing this section

10  shall be in compliance with the Americans with Disabilities

11  Act of 1990.

12         (8)  Any person who intentionally files a false report

13  pursuant to this section shall be guilty of a misdemeanor of

14  the first degree, punishable as provided for in s. 775.082 or

15  s. 775.083.

16         Section 2.  Section 322.2746, Florida Statutes, is

17  created to read:

18         322.2746  Medical/Vision Advisory Board created;

19  duties.--

20         (1)  In order to advise the director of the department

21  on medical criteria for the reporting and examination of

22  drivers with medical impairments, a Medical/Vision Advisory

23  Board is hereby established within the department. The board

24  shall be composed of three members appointed by the director.

25  The members of the board shall be licensed physicians and

26  residents of this state and shall serve at the pleasure of the

27  director of the department. The members of the board shall

28  receive no compensation for their services and shall not hire

29  any staff personnel but shall be reimbursed for their actual

30  and necessary expenses incurred in the performance of their

31  official duties pursuant to s. 112.061. After the first full

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  1  year of operation of the advisory board, the board shall meet

  2  no more than four times per year.

  3         (2)  No civil or criminal action shall lie against any

  4  member of the Medical/Vision Advisory Board who acts in good

  5  faith in advising the department pursuant to the provisions of

  6  this chapter. Good faith shall be presumed on the part of

  7  members of the Medical/Vision Advisory Board in the absence of

  8  a showing of fraud or malice.

  9         Section 3.  This act shall take effect October 1, 2000.

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12                          HOUSE SUMMARY

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      Authorizes the director of the Department of Highway
14    Safety and Motor Vehicles, having good cause to believe
      that a motor vehicle operator is incompetent or
15    unqualified to retain his or her license, to require the
      person to submit to an examination as prescribed by the
16    director and upon conclusion of the examination to retain
      the license or to have the license suspended, denied, or
17    revoked. Creates a Medical/Vision Advisory Board within
      the department to advise the director on medical criteria
18    for the reporting and examination of drivers with medical
      impairment. See bill for details.
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