Bill Text: FL S0308 | 2010 | Regular Session | Comm Sub


Bill Title: Disorders/Ability to Operate a Motor Vehicle [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Transportation [S0308 Detail]

Download: Florida-2010-S0308-Comm_Sub.html
 
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. 
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