House Bill 0443

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    Florida House of Representatives - 2000                 HB 443

        By Representatives Turnbull and Trovillion






  1                      A bill to be entitled

  2         An act relating to driver's licenses; amending

  3         s. 322.126, F.S.; authorizing the Department of

  4         Highway Safety and Motor Vehicles to require a

  5         person who is licensed to submit to an

  6         examination if the department has reason to

  7         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 department; providing for

13         immunity for certain reports; providing for

14         records; providing for report forms; providing

15         a penalty for false reports; providing for

16         reinstatement under certain circumstances;

17         providing an effective date.

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

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21         Section 1.  Section 322.126, Florida Statutes, is

22  amended to read:

23         322.126  Report of disability to department; retention,

24  suspension, or denial of license; content; use.--

25         (1)  For the purpose of the reports authorized by this

26  section, the Department of Highway Safety and Motor Vehicles,

27  assisted by the Medical Advisory Board, shall:

28         (a)  Define mental or physical disabilities affecting

29  the ability of a person to safely operate a motor vehicle.

30         (b)  Develop and keep current coded restrictions to be

31  placed upon drivers' licenses of persons who are required to

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    Florida House of Representatives - 2000                 HB 443

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  1  wear medical identification bracelets when operating a motor

  2  vehicle.

  3         (2)  Any physician, person, or agency having knowledge

  4  of any licensed driver's or applicant's mental or physical

  5  disability to drive or need to obtain or to wear a medical

  6  identification bracelet is authorized to report such knowledge

  7  to the Department of Highway Safety and Motor Vehicles. The

  8  report should be made in writing giving the full name, date of

  9  birth, address, and a description of the alleged disability of

10  any person over 15 years of age having mental or physical

11  disorders that could affect his or her driving ability. The

12  department shall have good cause to believe that an operator

13  is incompetent or unqualified to retain a driver's license on

14  the basis of a report filed pursuant to this section. The

15  report must state that the person reasonably and in good faith

16  believes the driver cannot safely operate a motor vehicle and

17  must be based upon personal observation or physical evidence

18  which shall be described in the report, or the report shall be

19  based upon an investigation by a law enforcement officer. The

20  report shall be a written declaration in the form prescribed

21  by the department and shall contain the name, address,

22  telephone number, and signature of the person making the

23  report.

24         (3)(a)  The department, having good cause to believe

25  that an operator is incompetent or unqualified to retain his

26  or her license pursuant to a report received under this

27  section, after giving 10 days' notice to such person in

28  writing by certified mail directed to such person's present

29  known address, may require the person to submit to an

30  examination as prescribed by the department. Upon conclusion

31  of the examination, the department may allow the person to

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    Florida House of Representatives - 2000                 HB 443

    558-156A-00






  1  retain his or her license, may suspend, deny, or revoke the

  2  person's license, or may issue the person a license subject to

  3  restrictions. If an examination indicates a condition that

  4  potentially impairs safe driving, the department, in addition

  5  to action with respect to the license, may require the person

  6  to submit to further periodic examinations. The refusal or

  7  neglect of the person to submit to an examination within 30

  8  days after the date of such notice shall be grounds for

  9  suspension, denial, or revocation of the person's license by

10  the director. Notice of any suspension, denial, revocation, or

11  other restriction shall be provided by certified mail. As used

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

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

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

15  also include the act of withdrawing a previously issued

16  license.

17         (b)  The examination provided for in paragraph (a) may

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

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

20  appropriate, a physical and/or mental examination.

21         (4)(3)  The reports authorized by this section shall be

22  confidential and exempt from the provisions of s. 119.07(1)

23  and shall be used solely for the purpose of determining the

24  qualifications of any person to operate a motor vehicle on the

25  highways of this state.  No civil or criminal action may be

26  brought against any physician, person, or agency who provides

27  the information required herein.

28         (5)(4)  No report forwarded under the provisions of

29  this section shall be used as evidence in any civil or

30  criminal trial or in any court proceeding.

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    Florida House of Representatives - 2000                 HB 443

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  1         (6)  Any person who makes a report in good faith

  2  pursuant to this section shall be immune from any civil

  3  liability that otherwise might result from making the report.

  4         (7)  The department shall keep records and statistics

  5  of reports made and actions taken against drivers' licenses

  6  pursuant to this section.

  7         (8)  The department shall develop a standardized form

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

  9  examination of drivers pursuant to this section. The

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

11  The department shall also adopt rules as necessary to carry

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

13  provide health care professionals and law enforcement officers

14  with information about the procedures authorized in this

15  section. The guidelines and rules implementing this section

16  shall be in compliance with the Americans with Disabilities

17  Act of 1990.

18         (9)  Any person who intentionally files a false report

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

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

21  s. 775.083.

22         (10)  Any individual whose condition is temporary in

23  nature shall have the right to petition the director of the

24  department for total or partial reinstatement of his or her

25  license. Such request shall be made on a form prescribed by

26  the department and be accompanied by a statement from a health

27  care provider with the same or similar license as the health

28  care provider who made the initial report resulting in the

29  limitation or loss of the driver's license. Such petition

30  shall be decided by the director of the department within 30

31  days after receipt of the petition.

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    Florida House of Representatives - 2000                 HB 443

    558-156A-00






  1         Section 2.  This act shall take effect October 1, 2000.

  2

  3            *****************************************

  4                          HOUSE SUMMARY

  5
      Authorizes the Department of Highway Safety and Motor
  6    Vehicles, having good cause to believe that a motor
      vehicle operator is incompetent or unqualified to retain
  7    his or her license, to require the person to submit to an
      examination as prescribed by the department and upon
  8    conclusion of the examination to retain the license or to
      have the license suspended, denied, or revoked. See bill
  9    for details.

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