Senate Bill sb1752

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    Florida Senate - 2006                                  SB 1752

    By Senator Sebesta





    16-1112B-06

  1                      A bill to be entitled

  2         An act relating to driver's licenses; amending

  3         s. 322.051, F.S.; providing for a person to be

  4         issued an identification card at no cost

  5         following voluntary surrender of a driver's

  6         license or suspension or revocation of a

  7         driver's license under certain conditions;

  8         authorizing issuance of an identification card

  9         having a gold marking; amending s. 322.126,

10         F.S.; revising the requirement that a physician

11         report to the Department of Highway Safety and

12         Motor Vehicles any patient diagnosed by the

13         physician as having a disability that could

14         affect the patient's driving ability; providing

15         that a physician making such a report is not

16         civilly or criminally liable to the patient;

17         amending s. 322.18, F.S.; requiring that the

18         department issue a license that expires within

19         a specified period, notwithstanding other

20         provisions to the contrary, if the person

21         applying for the license is older than a

22         specified age; creating s. 322.182, F.S.;

23         requiring that the department establish the

24         Florida Safety Resource Center Program;

25         requiring that the program establish assessment

26         centers for drivers who are referred by a

27         medical professional, a law enforcement agency,

28         a court, or the department; specifying

29         additional duties of the centers; providing an

30         effective date.

31  

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    Florida Senate - 2006                                  SB 1752
    16-1112B-06




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

 2  

 3         Section 1.  Paragraph (d) is added to subsection (1) of

 4  section 322.051, Florida Statutes, to read:

 5         322.051  Identification cards.--

 6         (1)  Any person who is 12 years of age or older, or any

 7  person who has a disability, regardless of age, who applies

 8  for a disabled parking permit under s. 320.0848, may be issued

 9  an identification card by the department upon completion of an

10  application and payment of an application fee.

11         (d)  Notwithstanding any other provision of this

12  chapter, an applicant for an original or a renewal of an

13  identification card who has voluntarily surrendered his or her

14  driver's license or has had his or her license suspended or

15  revoked pursuant to s. 322.221 or s. 322.27(1)(c) shall be

16  issued the identification card at no cost. In accordance with

17  this subsection, a person who voluntarily surrendered his or

18  her license may be issued at his or her option an

19  identification card that has a distinctive gold marking.

20         Section 2.  Section 322.126, Florida Statutes, is

21  amended to read:

22         322.126  Report of disability to department; content;

23  use.--

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

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

26  assisted by the Medical Advisory Board, shall:

27         (a)  Define mental or physical disabilities affecting

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

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

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

31  

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    Florida Senate - 2006                                  SB 1752
    16-1112B-06




 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.

12         (3)  A physician licensed under chapter 458 or chapter

13  459 shall report immediately to the department in writing the

14  full name, date of birth, and address of each patient older

15  than 15 years of age whom the physician has diagnosed as

16  having a mental or physical disability that could affect the

17  patient's driving ability. A physician who makes a report to

18  the department as required by this subsection is not civilly

19  or criminally liable to the patient for making the report.

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.

30         Section 3.  Subsection (2) of section 322.18, Florida

31  Statutes, is amended to read:

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    Florida Senate - 2006                                  SB 1752
    16-1112B-06




 1         322.18  Original applications, licenses, and renewals;

 2  expiration of licenses; delinquent licenses.--

 3         (2)  Each applicant who is entitled to the issuance of

 4  a driver's license, as provided in this section, shall be

 5  issued a driver's license, as follows:

 6         (a)  An applicant applying for an original issuance

 7  shall be issued a driver's license which expires at midnight

 8  on the licensee's birthday which next occurs on or after the

 9  sixth anniversary of the date of issue.

10         (b)  An applicant applying for a renewal issuance or

11  renewal extension shall be issued a driver's license or

12  renewal extension sticker which expires at midnight on the

13  licensee's birthday which next occurs 4 years after the month

14  of expiration of the license being renewed, except that a

15  driver whose driving record reflects no convictions for the

16  preceding 3 years shall be issued a driver's license or

17  renewal extension sticker which expires at midnight on the

18  licensee's birthday which next occurs 6 years after the month

19  of expiration of the license being renewed.

20         (c)  Notwithstanding any other provision of this

21  chapter, if an applicant establishes his or her identity for a

22  driver's license using a document authorized under s.

23  322.08(2)(c)5., the driver's license shall expire in

24  accordance with paragraph (b). After an initial showing of

25  such documentation, he or she is exempted from having to renew

26  or obtain a duplicate in person.

27         (d)  Notwithstanding any other provision of this

28  chapter, if an applicant establishes his or her identity for a

29  driver's license using a document authorized in s.

30  322.08(2)(c)6. or 7., the driver's license shall expire 2

31  years after the date of issuance or upon the expiration date

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    Florida Senate - 2006                                  SB 1752
    16-1112B-06




 1  cited on the United States Department of Homeland Security

 2  documents, whichever date first occurs.

 3         (e)  Notwithstanding any other provision of this

 4  chapter, an applicant applying for an original or renewal

 5  issuance of a commercial driver's license as defined in s.

 6  322.01(7), with a hazardous-materials endorsement, pursuant to

 7  s. 322.57(1)(e), shall be issued a driver's license that

 8  expires at midnight on the licensee's birthday that next

 9  occurs 4 years after the month of expiration of the license

10  being issued or renewed.

11         (f)  Notwithstanding any other provision of this

12  chapter, an applicant applying for a renewal of a driver's

13  license who is over 74 years of age shall be issued a license

14  that expires at midnight on the licensee's birthday that next

15  occurs 4 years after the month of expiration of the license

16  being renewed.

17         Section 4.  Section 322.182, Florida Statutes, is

18  created to read:

19         322.182  Florida Safety Resource Center Program.--

20         (1)  The department shall establish the Florida Safety

21  Resource Center Program. Assessment centers shall be

22  strategically located throughout the state and shall provide

23  services to drivers who are referred to the center by a

24  medical professional, a law enforcement agency, a court, or

25  the department. A driver may also obtain services from the

26  center for the purpose of determining his or her driving

27  capabilities.

28         (2)  A centralized office shall coordinate the

29  activities of the centers in order to ensure quality control,

30  provide technical assistance and direction, and maintain

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    Florida Senate - 2006                                  SB 1752
    16-1112B-06




 1  statistical data for research purposes. Each individual center

 2  shall:

 3         (a)  Conduct outreach efforts to promote the center's

 4  services;

 5         (b)  Conduct mobility counseling;

 6         (c)  Conduct driving assessments;

 7         (d)  Provide referrals for outside services; and

 8         (e)  Conduct driver reexaminations as needed.

 9         Section 5.  This act shall take effect July 1, 2006.

10  

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12                          SENATE SUMMARY

13    Revises various provisions governing the issuance and
      renewal of driver's licenses. Provides for a person to be
14    issued an identification card at no cost upon surrender,
      suspension, or revocation of his or her driver's license.
15    Provides for a driver's license issued to a person older
      than 74 years to expire in 4 years. Establishes the
16    Florida Safety Resource Center Program for the purpose of
      assessing drivers who are referred by a medical
17    professional, a law enforcement agency, a court, or the
      department. (See bill for details.)
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