Senate Bill sb1752c1

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    Florida Senate - 2006                           CS for SB 1752

    By the Committee on Transportation; and Senator Sebesta





    596-1870-06

  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 with

13         epilepsy, catalepsy, or narcolepsy, which has

14         been unresponsive to medical treatment;

15         providing that there shall be no monetary

16         liability or cause of action with respect to a

17         physician making such a report under certain

18         circumstances; amending s. 322.18, F.S.;

19         requiring that the department issue a license

20         that expires within a specified period,

21         notwithstanding other provisions to the

22         contrary, if the person applying for the

23         license is older than a specified age;

24         providing an effective date.

25  

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

27  

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

29  section 322.051, Florida Statutes, to read:

30         322.051  Identification cards.--

31  

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    Florida Senate - 2006                           CS for SB 1752
    596-1870-06




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

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

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

 4  an identification card by the department upon completion of an

 5  application and payment of an application fee.

 6         (d)  Notwithstanding any other provision of this

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

 8  identification card who has voluntarily surrendered his or her

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

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

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

12  this subsection, a person who voluntarily surrendered his or

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

14  identification card that has a distinctive gold marking.

15         Section 2.  Section 322.126, Florida Statutes, is

16  amended to read:

17         322.126  Report of disability to department; content;

18  use.--

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

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

21  assisted by the Medical Advisory Board, shall:

22         (a)  Define mental or physical disabilities affecting

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

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

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

26  wear medical identification bracelets when operating a motor

27  vehicle.

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

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

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

31  identification bracelet is authorized to report such knowledge

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    Florida Senate - 2006                           CS for SB 1752
    596-1870-06




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

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

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

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

 5  disorders that could affect his or her driving ability.

 6         (3)  Notwithstanding any other law, a physician

 7  licensed under chapter 458 or chapter 459 shall report

 8  immediately to the department in writing the full name, date

 9  of birth, and address of each patient older than 15 years of

10  age whom the physician has diagnosed with epilepsy, catalepsy,

11  or narcolepsy, which has been unresponsive to medical

12  treatment. There shall be no monetary liability on the part

13  of, and no cause of action for damages shall arise against,

14  any physician for any action taken without intentional fraud,

15  or for the failure to take any action, in carrying out the

16  provisions of this subsection.

17         (4)(3)  The reports authorized by this section shall be

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

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

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

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

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

23  the information required herein.

24         (5)(4)  No report forwarded under the provisions of

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

26  criminal trial or in any court proceeding.

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

28  Statutes, is amended to read:

29         322.18  Original applications, licenses, and renewals;

30  expiration of licenses; delinquent licenses.--

31  

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    Florida Senate - 2006                           CS for SB 1752
    596-1870-06




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

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

 3  issued a driver's license, as follows:

 4         (a)  An applicant applying for an original issuance

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

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

 7  sixth anniversary of the date of issue.

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

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

10  renewal extension sticker which expires at midnight on the

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

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

13  driver whose driving record reflects no convictions for the

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

15  renewal extension sticker which expires at midnight on the

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

17  of expiration of the license being renewed.

18         (c)  Notwithstanding any other provision of this

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

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

21  322.08(2)(c)5., the driver's license shall expire in

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

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

24  or obtain a duplicate in person.

25         (d)  Notwithstanding any other provision of this

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

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

28  322.08(2)(c)6. or 7., the driver's license shall expire 2

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

30  cited on the United States Department of Homeland Security

31  documents, whichever date first occurs.

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    Florida Senate - 2006                           CS for SB 1752
    596-1870-06




 1         (e)  Notwithstanding any other provision of this

 2  chapter, an applicant applying for an original or renewal

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

 4  322.01(7), with a hazardous-materials endorsement, pursuant to

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

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

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

 8  being issued or renewed.

 9         (f)  Notwithstanding any other provision of this

10  chapter, the driver's license of any person expires at

11  midnight on the licensee's 80th birthday. A license issued to

12  a person after that person is 80 years of age shall expire at

13  midnight on the licensee's birthday that next occurs on or

14  after the fourth anniversary of the date of issue.

15         Section 4.  This act shall take effect July 1, 2006.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 1752

19                                 

20  This CS clarifies the mandatory reporting by physicians is for
    the conditions of epilepsy, catalepsy, or narcolepsy, which
21  has been unresponsive to medical treatment and modifies the
    liability language. Also, the CS specifies a driver's license
22  expires on a licensee's 80th birthday and requires a mandatory
    four year renewal period for persons who are 80 years of age
23  or older. Finally, the CS deletes the provisions creating the
    Florida Safety Resource Center Program.
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