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Florida At-Risk Driver Council(FADC)
          2003/2004
  FADC - Background Information
  Bill Tracking
  Senate Staff Analysis And Economic Impact Statement
  Substitute for Senate Bill No. 52


 
FADC - Background Information

The rapid growth of the oldest segment of our population is creating special transportation problems in Florida. Persons 85 years of age and older are the fastest growing demographic group in the United States; with Florida ranking 2nd in the nation. By 2020 the 65+ population will double in Florida. Citizens are mobility minded and electing to drive longer. Medical advances have made significant increases to life expectancy; therefore, prospects for outliving the ability to safety operate an automobile have dramatically increased for many persons. Programs and systems designed for seniors usage are fragmented and not easily accessible. There is a lack of communication and very little sharing of information and resources between state agencies serving seniors.

July 11, 2003 the Governor approved Senate Bill 52/House Bill 633 to become law, F.S. 322.18(5) pertaining to mandatory vision testing of drivers over 79 and 322.181 mandating the Department of Highway Safety and Motor Vehicles to study the effects of aging on driving ability. The purpose of the study is to develop a comprehensive approach to licensing drivers. DHSMV is to report the results of the study to the Senate President and House Speaker by February 1, 2004. The report includes the findings of the study and recommendations for improving the safety of at-risk drivers. Issues to be studied by DHSMV to include:

  • Effective and efficient identification of drivers at risk of being involved in a motor vehicle accident because of functional limitations that effect their driving ability;
  • Prevalence and effect of degenerative processes affecting vision, hearing, mobility, cognitive functions and reaction time;
  • Implementation and effect of the department's vision screening requirements and examination of new technologies;
  • Availability and effectiveness of remedial measures such as skills training, adaptive equipment, physical therapy and adjustment of driving practices that will allow people to drive safely for as long as possible;
  • Availability of alternative forms of transportation for people who can no longer safely drive; and
  • Effectiveness of existing public education initiatives relating to at-risk drivers.

 
 

Florida At-Risk Driver Council (FADC) Established In Law

July 11, 2003 the Governor approved Senate Bill 52/House Bill 633, to become law F.S. 322.181 effective upon signing, mandating the Department of Highway Safety and Motor Vehicles (DHSMV) appoint an advisory council to participate in the study and to advise DHSMV on issues related to older at-risk drivers on an ongoing basis. Members of the council to include representatives of organizations involved with issues facing older drivers including state agencies, medical professionals, senior citizen advocacy groups, providers of services to senior citizens, and research entities.

 
 

Background on previous FADC "Ad Hoc" Group

October 9, 1997 the Area Agency on Aging of Pasco-Pinellas, Inc. (AAAPP) hosted a meeting for state agencies with programs serving Florida's mature driver population to share information and plan for the future. The outcome of that meeting was the establishment an "ad hoc" group called the Florida Aging Drivers Council (FADC). Mission Statement: "Help ensure safe mobility for Florida's elders, which enhances dignity, quality of life and independence throughout their life span."

Founding members were: DHSMV, DOEA, AAAPP, DOT and DOI. Early on it was decided that we needed a Research Sub-Committee comprised of experts conducting research in the senior transportation issues from universities to report on current activities in the older driver arena, provide consultation on technical matters, legislation and conduct surveys in support of FADC. This "ad hoc" group met bi-monthly in Florida with rotating host locations. All members of FADC had equal voting rights, with no one entity in a chair position. The AAAPP provided record-keeping and clerical assistance for the meetings funded through their DOT 402 grant. We had educational meetings conducted by world-renowned authorities in this field in an effort to understand downstream effects of actions and plan for the future. Subject matter experts are invited to share information for discussion/implementation at each meeting.

This was a partnership of all stakeholders in the aging driver issue toward understanding the problems facing current and future Florida populations in order to make changes to our transportation systems to maintain quality of life and ensure safety regardless of mode of travel. FADC members were a consortium of practitioners, policy-makers and scientists whom were: AAAPP; DHSMV; DOEA; DOInsurance; DOT; Commission on Transportation Disadvantaged; AARP; Alzheimer Disease Initiative; House Transportation Committee Aide; Senate Transportation Committee Aide; Legislative Aides; Florida Atlantic University; Florida State University; University of Central Florida; University of Florida; University of Miami; and University of South Florida.

 
 

FADC "ad hoc" Group Prior Initiatives:

  • Consensual agreement of FADC voted to support the development of a social marketing initiative for public education and advocacy. At present time, American Association of Motor Vehicle Administrators (AAMVA) and the National Highway Traffic Safety Administration (NHTSA) are developing a social marketing campaign in support of mature drivers. It is designed to project a more positive picture of aging with a support piece for families and communities.

  • Consensual agreement of FADC voted on DHSMV to be the entity to receive funding from NHTSA on FADC's behalf to conduct a pilot project in a 403 Cooperative Agreement with participating universities and AAAPPC funded through FDOT 402 grants to support the endeavor. DOEA's liaison would handle communications with the state-run Memory Disorder Clinics (MDC) facilities for purposes of this study, with the universities conducting the driver skill assessments at the MDC sites. NHTSA wanted DHSMV to do this project as Maryland DMV was doing a similar project and their intent is to have model projects that could be duplicated nationwide with DMV's; as the public considers DMV's as the experts in the field and trust the organization to look out for public safety on highways. Project is to evaluate technologies for sensitivity and specificity of identifying cognitively impaired persons.

  • Consensual agreement of FADC voted on DHSMV to be the entity to receive funding from FDOT on FADC's behalf to conduct a pilot project with participating universities and AAAPPC funded through FDOT 402 grants in a three-year effort done in phases to support the endeavor. Pilot project to establish "Senior Safety Resource Centers" statewide to provide community outreach through establishment of a tiered system of voluntary driver skill assessment/referral/remediation/mobility counseling in local communities outside of DHSMV. The first phase year to develop training modules for medical professionals on driver skill assessment through incorporating the American Medical Associations Physician's Guide to Driver Skill Assessment with the Florida DHSMV medical referral process guidelines and offering this course to the medical community statewide. Second phase year will develop training modules for law enforcement and judicial professionals on aging sensitivity, recognition of at-risk drivers and resource/referral information. Third phase year will focus on community outreach and implementation of training courses.

  • Consensual agreement of FADC voted on to encourage establishment of local community coalitions on mature transportation issues as part of the DOEA Communities for Life program.

  • Consensual agreement of FADC voted on to have the FADC Research Subcommittee to create a strategic plan for Florida concerning the at-risk driver. The FADC Research Subcommittee is to look at studies and research done nationally/internationally on the subject for a basis of the strategic plan. The passing of SB 52 into law requires the formulation of a comprehensive approach to licensing, which can be done through this subcommittee team of educated experts which is a smaller group with grant funding to do the work. The developed findings and recommendations would then be presented to DHSMV Executive Staff for approval. After DHSMV approves, then we would make a presentation to the full FADC Committee for support votes prior to finalization and presentation to the legislature.

 



 
Senate 0052: Relating to Driver's Licenses/Vision Tests
S52 GENERAL BILL/CS/CS by Health, Aging, and Long-Term Care; Transportation; Wise; (CO-SPONSORS) Lynn; Atwater (Similar H 0633, Compare 1ST ENG/H 0189)

Driver's Licenses/Vision Tests; requires vision tests for certain applicants for license renewal; prohibits those applicants from renewing by telephone or electronic means; requires HSMV to study effects of aging on driving ability. Amends 322.18. EFFECTIVE DATE: 07/11/2003 except as otherwise provided.

12/13/02 SENATE Prefiled
12/20/02 SENATE Referred to Transportation; Health, Aging, and Long-Term Care; Appropriations Subcommittee on Transportation and Economic Development; Appropriations
02/10/03 SENATE On Committee agenda--Transportation, 02/18/03,4:00 pm,37-S --Temporarily postponed
03/04/03 SENATE Introduced, referred to Transportation; Health, Aging, and Long-Term Care; Appropriations Subcommittee on Transportation and Economic Development; Appropriations -SJ 00010; On Committee agenda-- Transportation, 02/18/03, 4:00 pm, 37-S --Temporarily postponed
03/06/03 SENATE On Committee agenda-- Transportation, 03/11/03, 1:00 pm, 37-S
03/11/03 SENATE CS by Transportation; YEAS 9 NAYS 0 -SJ 00178; CS read first time on 03/13/03 -SJ 00178
03/13/03 SENATE Now in Health, Aging, and Long-Term Care -SJ 00178
03/20/03 SENATE On Committee agenda-- Health, Aging, and Long-Term Care, 03/25/03, 3:15 pm, 412-K
03/25/03 SENATE CS/CS by Health, Aging, and Long-Term Care; YEAS 10 NAYS 0 -SJ 00282; CS read first time on 03/27/03 -SJ 00288
03/27/03 SENATE Now in Appropriations Subcommittee on Transportation and Economic Development -SJ 00282
04/16/03 SENATE Withdrawn from Appropriations Subcommittee on Transportation and Economic Development; Appropriations -SJ 00423; Placed on Calendar, on second reading
04/23/03 SENATE Placed on Special Order Calendar -SJ 00502; Read second time -SJ 00490
04/24/03 SENATE Read third time -SJ 00552; CS passed; YEAS 39 NAYS 0 -SJ 00552
04/25/03 HOUSE In Messages
04/28/03 HOUSE Received, placed on Calendar -HJ 00705
04/30/03 HOUSE Placed on Special Order Calendar; Substituted for HB 633 -HJ 00883; Read second time -HJ 00883
05/01/03 HOUSE Read third time -HJ 01016; CS passed; YEAS 102 NAYS 0 -HJ 01016
05/01/03 SENATE Ordered enrolled -SJ 01057
06/30/03    Signed by Officers and presented to Governor
07/11/03    Approved by Governor; Chapter No. 2003-273
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  Senate Staff Analysis And Economic Impact Statement  
  (This document is based on the provisions contained in the legislation as of the latest date listed below.)
SPONSOR: Transportation Committee and Senator Wise
SUBJECT: Driver's licenses/vision tests
DATE: March 11, 2003
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McAuliffe Meyer TR Favorable/CS
2. HC
3. ATD
4. AP

I. Summary:

The CS requires a licensee who is otherwise eligible for a renewal license and who is over 79 years of age to: (1) submit to and pass a vision test administered at any driver's license office; or (2) if applying for an extension by mail, then submit to a vision test administered by a licensed physician, optometrist, or optician who must send the results of the test to the Department of Highway Safety and Motor Vehicles (DHSMV) via electronic means as approved by DHSMV, or on the proper DHSMV form signed by the physician, optometrist, or optician, and meet vision standards equivalent to DHSMV's vision test. The CS further modifies driver's license laws to prohibit a licensee who is over 79 years of age from submitting an application for extension by electronic or telephonic means. The CS also requires the DHSMV to study the effects of aging on driving ability.
This CS substantially amends section 322.18 of the Florida Statutes.

II. Present Situation:

Driver's License Examination Requirements
The Department is currently required to examine every first time applicant, regardless of age, prior to the issuance of an original Florida driver license. The examination includes a test of eyesight and hearing, ability to read and understand highway signs, knowledge of traffic laws, and a demonstration of motor vehicle operation skills. However, a new Florida resident with a valid out-of-state license may reciprocate his or her license and only be required to pass the eye exam.
Once a license is issued, the DHSMV continuously monitors driver performance through reexaminations of drivers appearing to be incompetent. On written notice of at least 5 days, theDHSMV, having good cause, may require a licensed driver to submit to an examination or reexamination. "Good cause" includes, but is not limited to, the recommendation from a court, a law enforcement agency, or a physician.
A licensee may also be subject to reexamination by the DHSMV upon renewal. The examination consists of tests of the licensee's eyesight and hearing and his or her ability to read and understand highway signs and pavement markings.

Driver's License Issuance Periods
Generally, an initial driver license issuance is valid for 6 years, concurrent with the applicant's birthday. (If an applicant establishes his or her identity for a driver's license using either an employment authorization card or a proof of nonimmigrant classification both of which are issued by the United States Department of Justice, then the driver's license shall expire 4 years after the date of issuance or upon the expiration date cited on the United States Department of Justice documents, whichever date first occurs.)
A renewal driver's license is valid for 4 years. However, if the applicant's driving record includes no convictions for the preceding 3 years or no revocations, disqualifications, or suspensions over the preceding 7 years, the renewal driver's license is valid for 6 years. Currently, the DHSMV may issue 4-year and 6-year license extensions by mail, electronic, or telephonic means without reexamination, unless renewal applicants are directed by the DHSMV to appear for an in-person examination. Licensed drivers are eligible for two consecutive license extensions without a required examination by the DHSMV. Therefore, the maximum time from the original driver license issuance to the end of the second license renewal could be 18 years (6 year original license and 2 mail-in renewal periods of 6 years each equaling 18 years.)

Driver's License Fees
The fee for an original operator's (class D) driver's license is $20 and the fee for renewal or extension is $15. The renewal fee is applicable for both a 4 and 6-year license. Driver license fees are deposited into the General Revenue Fund.

III. Effect of Proposed Changes:

The CS amends s. 322.18, F.S., and modifies driver's license laws by requiring a licensee who is otherwise eligible for a renewal license and who is over 79 years of age to: (1) submit to and pass a vision test administered at any driver's license office; or (2) if applying for an extension by mail, then submit to a vision test administered by a licensed physician, optometrist, or optician who must send the results of the test to the Department of Highway Safety and Motor Vehicles (DHSMV) via electronic means as approved by DHSMV, or on the proper DHSMV form signed by the physician, optometrist, or optician, and meet vision standards equivalent to DHSMV's vision test. The CS further modifies driver's license laws to prohibit a licensee who is over 79 years of age from submitting an application for extension by electronic or telephonic means.
The CS also requires the DHSMV to study the effects of aging on driving ability. Issues to be addressed in the study include:

  1. Effective and efficient identification of drivers at risk of being involved in a motor vehicle accident because functional limitations that effect their driving ability;
  2. Prevalence and effect of degenerative processes affecting vision, mobility, cognitive functions and reaction time;
  3. Implementation and effect of DHSMV's vision screening requirements and examination of new technologies;
  4. Availability and effectiveness of remedial measures such as skills training, adaptive equipment, physical therapy and adjustment of driving practices that will allow people to drive safely for as long as possible;
  5. Availability of alternative forms of transportation for people who can no longer safely drive; and the
  6. Effectiveness of existing public education initiatives relating to at-risk drivers.

The CS requires DHSMV to report the results of the study, including findings and recommendations, to the Legislature by February 1, 2004. The CS requires DHSMV to appoint the Florida At-Risk Driver Council to participate in the study and to advise DHSMV on issues related to older at-risk drivers. Members of the council must include representatives or organizations involved with issues facing older drivers including state agencies, medical professionals, senior citizen advocacy groups, providers of services to senior citizens, and research entities.

IV. Constitutional Issues:

A. Municipality/County Mandates Restrictions:
     None.
B. Public Records/Open Meetings Issues:
     None.
C. Trust Funds Restrictions:
     None.
D. Other Constitutional Issues:
     Classifications based upon age must be rationally related to furthering the state's legitimate interests.

V. Economic Impact and Fiscal Note:

A. Tax/Fee Issues::
     None.

B. Private Sector Impact:
     Those persons over 79 years of age who elect to pay for a physician to perform the vision test may be impacted. The chart below provides the DHSMV's anticipated renewals beginning July 1, 2003 for drivers over 79 years of age:
License expires July 1, 2003 or after.
Over age 79 at time of expiration
Year Renewals
2003 Over 210,000
2004 Over 216,000
2005 Over 183,000
2006 Over 162,000

C. Government Sector Impact:
     The Department of Highway Safety and Motor Vehicles estimates an insignificant fiscal impact of $3,240 for programming modifications. The CS would impact driver license offices to the extent those persons over 79 years of age would elect to choose the "free" vision test provided at these offices, and would require DHSMV to screen vision reports from physicians, prepare correspondence to add restrictions, direct drivers for re-testing and log follow-up reviews, and respond to additional telephone inquiries; however, the DHSMV would absorb the additional workload without incurring additional costs.

VI. Technical Deficiencies:

None

VII. Related Issues:

None

VIII. Amendments:

None

This Senate staff analysis does not reflect the intent or official position of the bill's sponsor or the Florida Senate.


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CHAPTER 2003-273
Committee Substitute for Senate Bill No. 52
An act relating to driver's licenses; amending s. 322.18, F.S.; requiring vision tests for certain applicants for license renewal; prohibiting those applicants from renewing by telephone or electronic means; requiring the department to study the effects of aging on driving ability; providing an effective date.

 
 

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

Section 1.
Effective January 1, 2004, subsection (5) of section 322.18,Florida Statutes, is amended to read:
322.18 Original applications, licenses, and renewals; expiration of licenses; delinquent licenses.
(5) All renewal driver's licenses may be issued after the applicant licensee has been determined to be eligible by the department.
(a) A licensee who is otherwise eligible for renewal and who is over 79 years of age:
1. Must submit to and pass a vision test administered at any driver's license office; or
2. If the licensee applies for an extension by mail as provided in subsection
(8), must submit to a vision test administered by a physician licensed under chapter 458 or chapter 459, or an optometrist licensed under chapter 463, must send the results of that test to the department on a form obtained from the department and signed by such health care practitioner, and must meet vision standards that are equivalent to the standards for passing the departmental vision test. The physician or optometrist may submit the results of a vision test by a department-approved electronic means.
(b) A licensee who is over 79 years of age may not submit an application for extension under subsection (8) by electronic or telephonic means, unless the results of a vision test have been electronically submitted in advance by the physician or optometrist.

Section 2.
(1) The Department of Highway Safety and Motor Vehicles shall study the effects of aging on driving ability. The purpose of the study is to develop a comprehensive approach to licensing drivers.
(2) Issues to be studied by the department shall include the:
(a) Effective and efficient identification of drivers at risk of being involved in a motor vehicle accident because of functional limitations that effect their driving ability;
(b) Prevalence and effect of degenerative processes affecting vision, hearing, mobility, cognitive functions and reaction time;
(c) Implementation and effect of the department's vision screening requirements and examination of new technologies;
(d) Availability and effectiveness of remedial measures such as skills training, adaptive equipment, physical therapy and adjustment of driving practices that will allow people to drive safely for as long as possible;
(e) Availability of alternative forms of transportation for people who can no longer safely drive; and
(f) Effectiveness of existing public education initiatives relating to at-risk drivers.
(3) The department shall report the results of the study to the President of the Senate and the Speaker of the House of Representatives by February 1, 2004. The report shall include findings of the study and recommendations for improving the safety of at-risk drivers.
(4) The department shall appoint an advisory council to participate in the study and to advise the department on issues related to older at-risk drivers on an ongoing basis. The council shall be known as the Florida At-Risk Driver Council. Members of the council shall include representatives of organizations involved with issues facing older drivers including state agencies, medical professionals, senior citizen advocacy groups, providers of services to senior citizens, and research entities.

Section 3.
Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law.
Approved by the Governor July 11, 2003.
Filed in Office Secretary of State July 11, 2003.

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