Senate Bill 0738

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                   SB 738

    By Senator Mitchell





    4-504-00                                                See HB

  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 that 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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 738
    4-504-00                                                See HB




  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 who filed the report

16  reasonably and in good faith believes that the driver cannot

17  safely operate a motor vehicle, and such belief must be based

18  upon personal observation or physical evidence that is

19  described in the report or must be based upon an investigation

20  by a law enforcement officer. The report must be a written

21  declaration in the form prescribed by the department and must

22  contain the name, address, telephone number, and signature of

23  the person making the report.

24         (3)(a)  If the department has 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, it shall give 10 days' notice to such person in

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

29  known address and 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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 738
    4-504-00                                                See HB




  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 is grounds for suspension,

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

10  Notice of any suspension, denial, revocation, or other

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

12  this section, the term "denial" means refusing to license a

13  person who is currently suspended, revoked, or otherwise not

14  licensed to operate a motor vehicle or withdrawing a

15  previously issued license.

16         (b)  The examination set forth in paragraph (a) may

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

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

19  appropriate, a physical or mental examination.

20         (4)(3)  The reports authorized by this section shall be

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

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

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

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

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

26  the information required herein.

27         (5)(4)  No report forwarded under the provisions of

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

29  criminal trial or in any court proceeding.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 738
    4-504-00                                                See HB




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

  2  pursuant to this section is immune from any civil liability

  3  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 must 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 executive

13  director shall provide health care professionals and law

14  enforcement officers with information concerning the

15  procedures authorized in this section. The guidelines and

16  rules implementing this section must comply with the Americans

17  with Disabilities Act of 1990.

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

19  pursuant to this section is guilty of a misdemeanor of the

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

21  775.083.

22         (10)  Any individual whose condition is temporary has

23  the right to petition the director of the department for total

24  or partial reinstatement of his or her license. Such request

25  must be made on a form prescribed by the department and must

26  be accompanied by a statement from a health care provider

27  possessing a license that is the same as or similar to that of

28  the health care provider who made the initial report resulting

29  in the limitation or loss of the driver's license. The

30  executive director of the department must act on the petition

31  within 30 days after receipt of the petition.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                   SB 738
    4-504-00                                                See HB




  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 to require a motor vehicle operator whom the
      department has good cause to believe is incompetent or
  7    unqualified to retain his or her license 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
  9    bill for details.)

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