Florida Senate - 2010 CS for SB 308
By the Committee on Health Regulation; and Senator Wise
588-01389-10 2010308c1
1 A bill to be entitled
2 An act relating to disorders affecting a person’s
3 ability to operate a motor vehicle; amending s.
4 322.126, F.S.; requiring a physician or a person
5 having knowledge of a licensed driver’s or applicant’s
6 mental or physical disability to drive or need to wear
7 a medical identification bracelet to report such
8 knowledge to the Department of Highway Safety and
9 Motor Vehicles; providing that a physician or a person
10 who reports a licensed driver’s or applicant’s mental
11 or physical disability to drive or need to wear a
12 medical identification bracelet is not
13 administratively, civilly, or criminally liable for
14 making such report; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 322.126, Florida Statutes, is amended to
19 read:
20 322.126 Report of disability to department; content; use.—
21 (1) For the purpose of the reports authorized by this
22 section, the Department of Highway Safety and Motor Vehicles,
23 assisted by the Medical Advisory Board, shall:
24 (a) Define mental or physical disabilities affecting the
25 ability of a person to safely operate a motor vehicle.
26 (b) Develop and keep current coded restrictions to be
27 placed upon drivers’ licenses of persons who are required to
28 wear medical identification bracelets when operating a motor
29 vehicle.
30 (2) Any physician, person, or agency having knowledge of
31 any licensed driver’s or applicant’s mental or physical
32 disability to drive or need to obtain or to wear a medical
33 identification bracelet must is authorized to report such
34 knowledge to the Department of Highway Safety and Motor
35 Vehicles. The report should be made in writing giving the full
36 name, date of birth, address, and a description of the alleged
37 disability of any person over 15 years of age having mental or
38 physical disorders that could affect his or her driving ability.
39 (3)(a) The reports authorized by this section are shall be
40 confidential and exempt from the provisions of s. 119.07(1) and
41 shall be used solely for the purpose of determining the
42 qualifications of any person to operate a motor vehicle on the
43 highways of this state.
44 (b) An administrative, No civil, or criminal action may not
45 be brought against any physician, person, or agency who provides
46 the information required by subsection (2) herein.
47 (4) A No report forwarded under the provisions of this
48 section may not shall be used as evidence in any civil or
49 criminal trial or in any court proceeding.
50 Section 2. This act shall take effect July 1, 2010.