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
1
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.
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4 HOUSE SUMMARY
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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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