(1) There shall be a Medical Advisory Board composed of not fewer than 12 or more than 25 members, at least one of whom must be 60 years of age or older and all but one of whose medical and other specialties must relate to driving abilities, which number must include a doctor of medicine who is employed by the Department of Highway Safety and Motor Vehicles in Tallahassee, who shall serve as administrative officer for the board. The executive director of the Department of Highway Safety and Motor Vehicles shall recommend persons to serve as board members. Every member but two must be a doctor of medicine licensed to practice medicine in this or any other state. One member must be an optometrist licensed to practice optometry in this state. One member must be a chiropractic physician licensed to practice chiropractic medicine in this state. Members shall be approved by the Cabinet and shall serve 4-year staggered terms. The board membership must, to the maximum extent possible, consist of equal representation of the disciplines of the medical community treating the mental or physical disabilities that could affect the safe operation of motor vehicles.
(2) The advisory board shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as may be prescribed by its rules.
(3)(a) The board shall advise the department on medical criteria and vision standards relating to the licensing of drivers. In fulfillment of this duty, the board shall assist the department in developing, and keeping current with medical and scientific advancements, coded restrictions to be placed upon driver licenses of persons whose medical condition warrants a requirement that they wear medical identification bracelets when operating a motor vehicle, pursuant to s. 322.16(1)(d).
(b) Upon request of the department, the board shall report to the department on the individual physical and mental qualifications of a licensed driver or applicant. When a board member acts directly as a consultant to the department, a board member’s individual review and evaluation of physical and mental qualifications of a licensed driver or applicant is exempt from the provisions of s. 286.011.
(4) Reports received or made by the board or its members for the purpose of assisting the department in determining whether a person is qualified to be licensed are for the confidential use of the board or the department and may not be divulged to any person except the licensed driver or applicant or used as evidence in any trial, and are exempt from the provisions of s. 119.07(1), except that the reports may be admitted in proceedings under s. 322.271 or s. 322.31. Any person conducting an examination pursuant to this section may be compelled to testify concerning his or her observations and findings in such proceedings.
(5) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any member of the board for any action taken without intentional fraud in carrying out the provisions of this section.
(6) Members of the board shall be entitled to per diem and travel expenses pursuant to s. 112.061.
(7) The Department of Highway Safety and Motor Vehicles shall adopt such rules as are required to carry out the purpose of this section.
History.—s. 1, ch. 75-289; s. 1, ch. 77-174; s. 4, ch. 78-323; ss. 1, 2, ch. 79-64; ss. 1, 2, 3, ch. 81-66; ss. 1, 4, ch. 82-46; s. 5, ch. 87-172; ss. 1, 3, 4, ch. 88-107; s. 3, ch. 88-410; s. 1, ch. 89-90; s. 5, ch. 91-429; s. 404, ch. 95-148; s. 154, ch. 96-406; s. 251, ch. 98-166; s. 12, ch. 2009-183; s. 49, ch. 2013-160.
Structure Florida Statutes
322.02 - Legislative Intent; Administration.
322.0255 - Florida Motorcycle Safety Education Program.
322.03 - Drivers Must Be Licensed; Penalties.
322.031 - Nonresident; When License Required.
322.032 - Digital Proof of Driver License or Identification Card.
322.04 - Persons Exempt From Obtaining Driver License.
322.05 - Persons Not to Be Licensed.
322.051 - Identification Cards.
322.058 - Suspension of Driving Privilege Due to Support Delinquency; Reinstatement.
322.059 - Mandatory Surrender of Suspended Driver License and Registration.
322.0602 - Youthful Drunk Driver Visitation Program.
322.065 - Driver License Expired for 6 Months or Less; Penalties.
322.07 - Instruction Permits and Temporary Licenses.
322.08 - Application for License; Requirements for License and Identification Card Forms.
322.081 - Requests to Establish Voluntary Checkoff on Driver License Application.
322.09 - Application of Minors; Responsibility for Negligence or Misconduct of Minor.
322.091 - Attendance Requirements.
322.095 - Traffic Law and Substance Abuse Education Program for Driver License Applicants.
322.10 - Release From Liability.
322.11 - Revocation of License Upon Death of Person Signing Minor’s Application.
322.12 - Examination of Applicants.
322.121 - Periodic Reexamination of All Drivers.
322.125 - Medical Advisory Board.
322.126 - Report of Disability to Department; Content; Use.
322.13 - Driver License Examiners.
322.135 - Driver License Agents.
322.14 - Licenses Issued to Drivers.
322.141 - Color or Markings of Certain Licenses or Identification Cards.
322.142 - Color Photographic or Digital Imaged Licenses.
322.143 - Use of a Driver License or Identification Card.
322.15 - License to Be Carried and Exhibited on Demand; Fingerprint to Be Imprinted Upon a Citation.
322.16 - License Restrictions.
322.161 - High-Risk Drivers; Restricted Licenses.
322.1615 - Learner’s Driver License.
322.17 - Replacement Licenses and Permits.
322.18 - Original Applications, Licenses, and Renewals; Expiration of Licenses; Delinquent Licenses.
322.19 - Change of Address or Name.
322.20 - Records of the Department; Fees; Destruction of Records.
322.201 - Records as Evidence.
322.202 - Admission of Evidence Obtained From the Division of Motorist Services.
322.21 - License Fees; Procedure for Handling and Collecting Fees.
322.22 - Authority of Department to Cancel or Refuse to Issue or Renew License.
322.221 - Department May Require Reexamination.
322.23 - Suspending Privileges of Nonresidents and Reporting Convictions.
322.24 - Suspending Resident’s License Upon Conviction in Another State.
322.25 - When Court to Forward License to Department and Report Convictions.
322.2505 - Court to Forward License of Person Adjudicated Incapacitated to Department.
322.251 - Notice of Cancellation, Suspension, Revocation, or Disqualification of License.
322.26 - Mandatory Revocation of License by Department.
322.2615 - Suspension of License; Right to Review.
322.26151 - Review of Materials Submitted by Law Enforcement Officer.
322.2616 - Suspension of License; Persons Under 21 Years of Age; Right to Review.
322.264 - “Habitual Traffic Offender” Defined.
322.27 - Authority of Department to Suspend or Revoke Driver License or Identification Card.
322.271 - Authority to Modify Revocation, Cancellation, or Suspension Order.
322.2715 - Ignition Interlock Device.
322.274 - Automatic Revocation of Driver License.
322.276 - Out-of-State Sanctions; Issuance of License.
322.28 - Period of Suspension or Revocation.
322.283 - Commencement of Period of Suspension or Revocation for Incarcerated Offenders.
322.29 - Surrender and Return of License.
322.292 - Dui Programs Supervision; Powers and Duties of the Department.
322.293 - Dui Programs; Assessment; Disposition.
322.32 - Unlawful Use of License.
322.33 - Making False Affidavit Perjury.
322.34 - Driving While License Suspended, Revoked, Canceled, or Disqualified.
322.341 - Driving While License Permanently Revoked.
322.35 - Permitting Unauthorized Minor to Drive.
322.36 - Permitting Unauthorized Operator to Drive.
322.37 - Employing Unlicensed Driver.
322.38 - Renting Motor Vehicle to Another.
322.41 - Local Issuance of Driver Licenses Prohibited.
322.42 - Construction of Chapter.
322.44 - Driver License Compact.
322.45 - Department of Highway Safety and Motor Vehicles; Duty.
322.46 - Compact Administrator.
322.47 - Executive Head Defined.
322.48 - Review of Employee’s Acts.
322.50 - Nonresident Violator Compact.
322.52 - Conflict With Other Laws.
322.53 - License Required; Exemptions.
322.56 - Contracts for Administration of Driver License Examination.
322.57 - Tests of Knowledge Concerning Specified Vehicles; Endorsement; Nonresidents; Violations.
322.59 - Possession of Medical Examiner’s Certificate.
322.61 - Disqualification From Operating a Commercial Motor Vehicle.
322.62 - Driving Under the Influence; Commercial Motor Vehicle Operators.
322.63 - Alcohol or Drug Testing; Commercial Motor Vehicle Operators.
322.65 - Driver License Record Exchange.
322.66 - Vehicles Permitted to Be Driven During Driving Skills Tests.