The purpose of this amendment is to update the rules in Chapter 15A-5, F.A.C.

Division of Driver Licenses

RULE NO.: RULE TITLE:

15A-5.001 Purpose

15A-5.0010Definitions

15A-5.002 Procedure

15A-5.0021 Medical Review

15A-5.0022 Administrative Hearing Procedures

15A-5.004 Neurological Guidelines for Applicants with Seizures

15A-5.005 Loss of Consciousness

15A-5.006 Cardio Vascular Impairments

15A-5.008 Impairments of Memory or Judgment

15A-5.009 Musculoskeletal or Neuromuscular Impairments

15A-5.010 Severe Emotional and Mental Conditions

15A-5.011 Vision Standards

15A-5.012Drug Addiction and Alcoholism

PURPOSE AND EFFECT: The purpose of this amendment is to update the rules in Chapter 15A-5, F.A.C.

SUMMARY: The rule is being amended to ensure all applicants and licensed drivers are given a fair and independent review regarding their physical and mental ability to safely operate a motor vehicle in Florida. The proposed changes add definitions to the rule, specify how reports of potentially at-risk applicants and licensed drivers are made and reviewed by the Department, provide for administrative review of determinations made by the Medical Advisory Board, and set our criteria regarding specific conditions that may affect an applicant or licensed driver’s ability to safely operate a motor vehicle.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The nature of the rule, input from the affected industry, and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 322.02(3), 322.02(6), 322.125(7), 322.126(1), FS.

LAW IMPLEMENTED: 120.53(1)(c), 120.62, 322.05(7), 322.05(10), 322.125(1), 322.125(2), 322.126(1), 322.221(2)(c), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: November 9, 2017, 3:00 p.m.

PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B201, Tallahassee, Florida 32399.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ray Graves, Bureau Chief, 2900 Apalachee Parkway, Tallahassee, FL. 32399-0500, Room A201, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ray Graves, Bureau Chief, 2900 Apalachee Parkway, Tallahassee, FL. 32399-0500, Room A201, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

15A-5.001 Purpose.

These guidelines are used by the Medical Advisory Board of the Department of Highway Safety and Motor Vehicles for the purpose of guiding the Board’s determination and assessment of the mental or physical deficits, physical or emotional disabilities affecting the ability of an applicant or licensed driver a person to safely operate a motor vehicle in those cases submitted to the Board for its review and recommendation. These guidelines will shall not be construed as limiting the exercise of the Board’s discretion in recommending its position to the Department on any particular case, which will shall be based upon the professional judgment of the members.

Rulemaking Authority 322.02(6) 322.02(3), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 7-5-81, Amended__________, Formerly 15A-5.01.

 

15A-5.0010 Definitions.

(1) Alcohol – Any substance containing one-half of one percent or more alcohol by volume including ethanol, methanol, propanol, isopropanol, non-alcoholic beer or wine, and over the counter products.

(2) Administrative Hearing – A proceeding before a Hearing Officer pursuant to Chapters 120 and 322, F.S.

(3) Applicant – An individual applying for a Florida driver license.

(4) Chairman – A licensed doctor of medicine who is employed by the Department and serves as the administrative officer of the Board.

(5) Deficit – Any impairment of physical or mental function that could affect an applicant or licensed driver’s ability to safely operate a motor vehicle.

(6) Denial – When a driving privilege is withheld for a specific period of time or indefinitely.

(7) Department – The Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives.

(8) Disorder – Any physical or mental condition that can cause deficits.

(9) Driver License – Has the same meaning as set forth in Section 322.01, F.S.

(10) Drugs – Any drug classified as a controlled substance under Title 21 U.S.C. s. 802(6), as of 10/01/2017, [hyperlink], herein incorporated by reference, Schedules I-V of Title 21 C.F.R. part 1308, as of 10/01/2017, [hyperlink], herein incorporated by reference, or Chapter 893, F.S.

(11) Executive Director – The Executive Director of the Department of Highway Safety and Motor Vehicles.

(12) Extended Driving Test – Three driving tests given consecutively with the same examiner/agent. Failing any part of the extended driving test constitutes a failure of the extended driving test.

(13) Eye Specialist – A licensed optometrist or ophthalmologist.

(14) Final Order – A written final decision by the Executive Director, or designee, that is the result of a proceeding pursuant to Chapters 120 and 322, F.S.

(15) Hearing Officer – A Department employee designated to conduct any proceeding pursuant to Chapters 120 and 322, F.S.

(16) Medical Advisory Board (Board) – Has the same meaning as set forth in Section 322.125, F.S.

(17) Motor Vehicle – Has the same meaning as set forth in Section 322.01, F.S.

(18) Recommended Order – The official recommendation of a Hearing Officer for the final disposition of a proceeding under Chapters 120 and 322, F.S.

Rulemaking Authority 322.02(6), 322.125(7) FS. Law Implemented 322.01, 322.08, 322.125, 322.126, 120.52, 120.80(8) FS. History–New __________.

 

15A-5.002 Report of Deficit or Disorder to the Department Procedure.

(1) A report necessitating the request of the Department for review of an applicant or licensed driver’s individual’s physical or mental ability qualifications to safely operate a motor vehicle may come to the attention of the Department Board as the a result of the medical reports submitted due to:

(a) Recommendation by supervisor of the Department’s examiners based on direct observation by the Department examiners.

(1)(b) Receipt by the Department of a motor vehicle crash report accident reports indicating that a possible cause of the crash accident was a the driver’s physical or mental deficit impairment.

(2)(c) Receipt by the Department of a Medical/Re-Exam Referral Form, HSMV 72419, Rev. 09/17, [hyperlink], herein incorporated by reference, Florida D/L Exam and Application DHSMV-D-34, indicating that the applicant or licensed driver has previously suffered from epilepsy or dizzy spells, been addicted to drugs or alcohol, intoxicating liquor or suffered from any other physical or mental deficit or disorder. Questions disability which might in the judgment of the Department raise a question as to the applicant or licensed driver’s applicant’s mental or physical ability to safely operate a motor vehicle will be based upon questions posed and/or observations made by the examiner in accordance with the September 2009 National Highway Traffic Safety Administration’s Driver Fitness Medical Guidelines, as of 10/01/2017, [hyperlink], herein incorporated by reference. Copies of the form and the guidelines are available on the Department’s website.

(d) Receipt of Driver’s License Renewal Application, DHSMV-D-036, indicating that the applicant has from the date of the original application for license or renewal to the date of the present application of renewal of license suffered from epilepsy or dizzy spells, been addicted to drugs or intoxicating liquor or suffered other physical or mental disability including vision or hearing impairment which might in the judgment of the Department raise a question as to the applicant’s mental or physical ability to safely operate a motor vehicle.

(3)(e) Receipt by the Department of a report reports submitted pursuant to Section 322.126, F.S. 322.126(2), F.S. (1981). This information may be submitted on a Medical Referral Form, HSMV 72190, Rev. 09/17, [hyperlink], or Medical Referral Form (Spanish), HSMV xxxxx, Rev. 09/17, [hyperlink], herein incorporated by reference. Copies of the forms are available on the Department’s website.

(4)(f) Receipt by the Department of a request Request for reconsideration as provided by Rule 15A-5.0022, F.A.C. subsection (6) of this rule.

(2) The request for review or reconsideration and the driver’s medical reports regarding his physical or mental ability to safely operate a motor vehicle shall be submitted to the Chairman for initial review and determination under these guidelines; the Chairman may request the Department to conduct further investigation if he deems it necessary. If the Chairman recommends withdrawal or denial of licensure or if he determines that the case does not fall clearly within these guidelines, the medical reports shall be submitted to a member of the Board in the medical discipline covering the disability of the affected driver. This member shall have the primary responsibility for recommendation to the Department. However, all vision and neurological cases shall be submitted directly to the appropriate vision or neurology specialist without initial review by the Chairman. The Department’s decision on licensure shall be rendered within 90 days following receipt of the affected driver’s medical report.

(3) The Board may require the applicant or licensed driver to have his/her physician complete a medical report (DL-432, Rev. 82, copy available from Department’s Bureau of Driver Improvement, Neil Kirkman Building, Tallahassee, FL 32301) and provide the Board with any other reports which the Board deems necessary to assist the Department in evaluating an applicant’s mental or physical ability to safely operate a motor vehicle.

(4) In those cases where a formal Administrative Hearing has been requested and held and medical information which was not made available to the Board when the original recommendation was made is admitted into evidence, prior to entry of a Recommended Order, the Hearing Officer shall cause a copy of the official transcript and exhibits to be transmitted to the Chairman, who shall forward them to the member or members who made the original recommendation for purposes of reconsideration of the original recommendations in light of those new matters brought out at the hearing.

Such reconsideration shall be a part of the record of the proceedings and shall be considered in determining whether to grant, suspend or deny the applicant’s driving privileges.

(5) The Hearing Officer shall prepare a Recommended Order and transmit it to all parties and to the Department’s Reviewing Board, which shall enter the Final Order. Unless waived by all parties, the Recommended Order shall be transmitted within 30 days of the hearing or 30 days of the receipt of the transcript by the Hearing Officer. Parties may submit exceptions to the Recommended Order within 20 days of the receipt of the Recommended Order by the Reviewing Board.

(6) If the Board so recommends, a Final Order denying a driver license may state a date after which the applicant may apply to the department for reconsideration of the denial. Such applications shall be submitted to the Chairman as provided by subsection (2) of this rule.

(7) In the event of a conflict between this rule chapter and the procedural rules adopted by Rule 15-2.001, F.A.C., this rule chapter shall prevail.

(8) Members of the Board and other persons making examinations shall not be held liable for their opinions and recommendations.

Rulemaking Authority 322.02(6) 322.02(3), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) , 120.62, 120.53(1)(c) FS. History–New 6-5-81, Amended 6-27-82, 7-29-84, 1-28-85, __________, Formerly 15A-5.02.

 

15A-5.0021 Medical Review.

(1) Upon receipt of a report of an applicant or licensed driver exhibiting a mental or physical deficit, the Department may require an applicant or licensed driver to have their physician(s) complete one or more medical report form(s) and provide the Department with any other medical information it deems necessary to assist the Board in evaluating the applicant or licensed driver’s mental or physical ability to safely operate a motor vehicle.

(2) A request for review of the applicant or licensed driver’s medical reports regarding their physical or mental ability to safely operate a motor vehicle will be submitted to the Chairman, or a Board member designated by the Chairman for review and recommendation. If the Chairman or designated Board member determines that the case should be reviewed by a specialist, the request for review and medical reports will be submitted to a member of the Board in the medical discipline covering the deficit of the applicant or licensed driver for assessment. The Board member will make a recommendation on Medical Advisory Board Recommendation Form, HSMV 72997, Rev. 09/17, [hyperlink], herein incorporated by reference. The Board member will then have the primary responsibility for making a recommendation to the Department on behalf of the Board. Cases involving vision and neurological deficits may be submitted directly to a Board neurologist or eye specialist for review and recommendation.

(3) The Board’s recommendation may include the following:

(a) A denial or revocation of the applicant or licensed driver’s driving privilege.

(b) An approval of the applicant or licensed driver’s fitness to drive with no follow-up medical reports and no examination or reexamination.

(c) An approval contingent on the applicant or licensed driver passing an examination or reexamination as provided in Section 322.221, F.S., which may include an extended driving test as outlined in Rule 15A-5.0010, F.A.C.

(d) An approval with a requirement that the applicant or licensed driver submit a follow-up medical report. If the Department orders a follow-up review of an applicant or licensed driver’s medical condition, that follow-up will be conducted at a time established by the Board, based upon its review of the medical reports.

(e) An approval contingent on the applicant or licensed driver passing an examination or reexamination as provided in Section 322.221, F.S., which may include an extended driving test as outlined in Rule 15A-5.0010, F.A.C., and a requirement that they submit a follow-up medical report. If the Department orders a follow-up review of an applicant or licensed driver’s medical condition, that follow-up will be conducted at a time established by the Board, based upon its review of the medical reports.

(f) A request that the applicant or licensed driver provide for further review the results of a Certified Driver Evaluation conducted by a Certified Driver Rehabilitation Specialist.

(g) A request that the applicant or licensed driver provide for further review additional medical information.

(4) All recommendations by the Board to the Department will be based on the request for review and the applicant or licensed driver’s medical reports, which may include Certified Driver Evaluations conducted by Certified Driver Rehabilitation Specialists.

(5) In cases involving commercial drivers, the Board will make its recommendation in accordance with Title 49 C.F.R. s. 391.41 of the Federal Motor Carrier Safety Regulations, as of 10/01/2017, [hyperlink], herein incorporated by reference. In such cases the applicant or licensed driver may be required to complete the Commercial Driver License Form, HSMV 71048, Rev. 09/17, [hyperlink], herein incorporated by reference. Copies of the regulation and form are available on the Department’s website.

(6) The Department’s decision on licensure must be rendered within 90 days following the receipt of all requested information from the applicant or licensed driver.

(7) If the Department denies or revokes a driver license, the affected individual may, at any time, provide additional or updated medical information or a Certified Driver Evaluation conducted by a Certified Driver Rehabilitation Specialist for reconsideration by the Board.

Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS. History–New _________.

 

15A-5.0022 Administrative Hearing Procedures.

(1) When an administrative hearing has been requested and held and medical information that was not made available to the Board when the original recommendation was made is admitted into evidence, the Hearing Officer will cause a copy of the official recording and exhibits to be transmitted to the Chairman prior to entry of a Recommended Order. The Chairman will review the evidence or forward it to the member or members who made the original recommendation for purposes of reconsideration of the original recommendation in light of those new matters brought out at the hearing. Such reconsideration will be a part of the record of the administrative hearing and must be considered in determining whether to approve or deny the applicant or licensed driver’s driving privileges.

(2) The Hearing Officer will prepare a Recommended Order and transmit it to all parties and to the Executive Director or designee who will enter the Final Order. Unless waived by all parties, the Recommended Order must be transmitted within 30 days of the hearing.

(3) If the Executive Director or designee so recommends based on the facts of a particular case, a Final Order denying a driver license will state a date after which the applicant or licensed driver may apply to the Department for reconsideration of the denial or revocation. Such applications for reconsideration must be submitted to the Chairman as provided by Chapter 15A-0021, F.A.C. The Final Order is reviewable by following the procedure specified in Section 322.31, F.S.

Rulemaking Authority 322.02(6), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), 120.57, 120.80 FS. History–New __________.

 

15A-5.004 Seizures Neurological Guidelines for Applicants with Seizures.

(1) Applicants or licensed drivers must should be seizure free for a period of two years before having their the license issued or reinstated, but if under regular medical supervision, may apply at the end of six months one year to be reconsidered reviewed by the Medical Advisory Board for issuance or reinstatement if they are under regular medical supervision and seizure free. Applicants or licensed drivers with “petit mal,” absence seizures, and partial seizures with complex symptomology will also be subject to these guidelines. An applicant or licensed driver with an isolated seizure with a normal electroencephalogram may be reconsidered by the Board at the end of three months. Applicants or licensed drivers must present a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician. A copy of the form is available on the Department’s website.

(2) Applicants or licensed drivers who have been approved for license issuance or reinstatement after being seizure free for six months may be required one year seizure free while on medication will have to submit follow-up medical information at periodic intervals as recommended by the Board reports at the end of one year.

(3) Applicants or licensed drivers who have had a chronic recurring seizures seizure disorder (or have been treated for such for one year) and who have anti-epileptic medications have been discontinued will not be licensed eligible to have their license reinstated for a two year seizure free period. The cause of a seizure or seizures may be the basis for special consideration by the Medical Advisory Board. In general, medications should not be discontinued before a three year seizure free period. If medications are discontinued, a patient will be required not to drive during the period of drug withdrawal and for a period of three months following complete cessation of treatment. If the applicant or licensed driver has seizures during this withdrawal period, licensing may be considered after a three-month seizure free interval or upon return to adequate therapy.

(4) If there is a question about the seizure type or the medication the applicant or licensed driver is prescribed on, it is the prerogative of the Medical Board to question the physician further in an effort to clarify the nature of the seizures.

(5) No change.

(6) Applicants or licensed drivers with only non-epileptic seizures or chronic nocturnal seizures will be considered on an individual basis given special consideration on the recommendation of the physician filling out the medical report.

(7) “Petit mal” or absence seizures and partial seizures with complex symptomatology will also follow these guidelines.

(8) Applicants with syncopal episodes who have no clear diagnosis established should have a neurological evaluation including electroencephalography.

Rulemaking Authority 322.02(6) 322.02(3), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 7-5-81, Amended 6-27-82, __________, Formerly 15A-5.04.

 

15A-5.005 Loss of Consciousness.

(1) Recommendations by the Board as to whether an applicant or licensed driver who suffers from loss of consciousness can safely operate a motor vehicle will depend upon consideration of the Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], and Loss of Consciousness Follow-Up Form, HSMV 72117, Rev. 09/17, [hyperlink], hereby incorporated by reference, from their treating physician medical reports indicating the cause of for the loss of consciousness. Copies of the forms are available on the Department’s website.

(2) Applicants or licensed drivers who may have experienced a loss of consciousness as a result of hypoglycemia must provide a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], and/or Diabetes/Hypoglycemia Follow-Up Form, HSMV 72112, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician for consideration by the Board. If the hypoglycemic episode resulted in a motor vehicle crash, the applicant or licensed driver must present a Diabetes Form, HSMV 72118, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician. Copies of the forms are available on the Department’s website

Rulemaking Authority 322.02(6) 322.02(3), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 6-27-82, Amended __________, Formerly 15A-5.05.

 

15A-5.006 Cardiovascular Deficits Cardio Vascular Impairments.

Applicants or licensed drivers who experience cardiovascular deficits cardio vascular impairments must present a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician indicating their evidence of his physical ability qualifications to safely operate a motor vehicle. A copy of the form is available on the Department’s website.

Rulemaking Authority 322.02(6) 322.02(3), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 7-5-81, Amended 6-27-82, ___________, Formerly 15A-5.06.

 

15A-5.008 Deficits Impairments of Memory or Judgment.

Applicants or licensed drivers who suffer from deficits medically significant impairments of memory or judgment must present a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, from their treating physician indicating their medical report of his or her physical and mental ability qualifications to safely operate a motor vehicle. A copy of the form is available on the Department’s website.

Rulemaking Authority 322.02(6) 322.02(3), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 7-5-81, Amended 6-27-82, __________, Formerly 15A-5.08.

 

15A-5.009 Musculoskeletal and or Neuromuscular Disorders Impairments.

(1) Applicants or licensed drivers with sStatic musculoskeletal or and static neuromuscular disorders who will be exempted from the guidelines provided the individual can demonstrate that they he can safely operate a motor vehicle with or without the use of aids and devices based on an examination or reexamination as outlined in Rule 15A-5.0021, F.A.C., may be required to submit a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, for review by the Board. Applicants or licensed drivers may be exempted from further reviews since these conditions are static and not likely to progress. A copy of the form is available on the Department’s website.

(2) Applicants or licensed drivers with progressive musculoskeletal and progressive neuromuscular disorders will be required to submit a Medical Report Form, HSMV 72423, Rev. 09/17, [hyperlink], herein incorporated by reference, statement from their treating a physician indicating they have the mental and physical ability capabilities to safely operate a motor vehicle drive. These applicants or licensed drivers must provide periodic follow-up medical information as recommended by the Board due to the progressive nature of these disorders individuals should also take the driving portion of the driver examination every four years at the date of renewal if recommended by their physician. They may also be required by the Board to take an examination or reexamination as outlined in Rule 15A-5.0021, F.A.C. A copy of the form is available on the Department’s website.

Rulemaking Authority 322.02(6) 322.02(3), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 7-5-81, Amended 6-27-82, __________, Formerly 15A-5.09.

 

15A-5.010 Severe Emotional and Mental Disorders Conditions.

(1) Applicants or licensed drivers who have been adjudged incompetent will not be considered capable of safely operating a motor vehicle vehicles unless their his or her competency has been judicially restored.

(2) Applicants or licensed drivers who have suffered from severe emotional or mental disorders that conditions which have required hospitalization or treatment for six months or more must present a Mental Status Examination Form, HSMV 72481, Rev. 09/17, [hyperlink], herein incorporated by reference, from a licensed psychiatrist of their psychiatric report of his or her mental ability qualifications to safely operate a motor vehicle. A copy of the form is available on the Department’s website. Mental disorders may include:

(a) Acute and/or chronic psychotic reaction;

(b) Personality disorders that manifest violent or aggressive behavior;

(c) Other serious emotional or mental disorders that interfere with judgment or and reaction time.

Rulemaking Authority 322.02(6) 322.02(3), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 7-5-81, Amended 6-27-82, __________, Formerly 15A-5.10.

 

15A-5.011 Vision Standards.

(1) Applicants who have 20/50 vision or worse in either eye without corrective lenses are referred to a licensed practitioner for possible improvement.

(1)(2) Applicants or licensed drivers who have 20/50 vision or worse in either eye, with or without corrective lenses, will be are referred to an eye specialist for possible improvement.

(2)(3) Applicants or licensed drivers who have 20/70 vision in either eye or with both eyes, may be issued a license pass with or without corrective lenses, if vision cannot be improved; however, if one eye is blind, or 20/200 or worse, the other eye must be 20/40 or better.

(4) Applicants who have 20/80 vision or worse, with both eyes, are not licensed.

(3)(5) 130 degrees is Tthe minimum acceptable field of vision, for an applicant or licensed driver is 130 degrees using a 4 mm2 with 5mm white target.

(4) Applicants or licensed drivers who cannot meet these standards will not be issued a driver license or will have their driver license revoked. When requested by the Department, applicants or licensed drivers must present a Report of Eye Exam Form, HSMV 72010, Rev. 09/17, [hyperlink], Report of Eye Exam Form (Spanish), HSMV 72838, Rev. 09/17, [hyperlink], or a Prism Form, HSMV 72111, Rev. 09/17, [hyperlink], herein incorporated by reference, by an eye specialist indicating visual standards required for licensing. Copies of the forms are available on the Department’s website.

(5)(6) The use of telescopic lenses lens to meet visual standards is not permitted recognized.

Rulemaking Authority 322.02(6) 322.02(3), 322.125(7), 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c), 120.62 FS. History–New 7-5-81, Formerly 15A-5.11, Amended 8-15-16, __________.

 

15A-5.012 Drug Addiction and Alcoholism.

(1) Any applicant or licensed driver who abuses or is addicted to drugs, alcohol, or any substance that renders them incapable of operating a motor vehicle safely will not be issued a driver license or will have their driver license revoked.

(2) Applicants or licensed drivers with a history of substance abuse may be approved for licensure after they have received counseling and/or treatment from a substance abuse specialist or treatment center and have met all requirements identified in Chapters 316 and 322, F.S. In addition, the applicant or licensed driver must provide to the Department an Alcohol and Drug Usage Form, HSMV 72480, Rev. 09/17, [hyperlink], herein incorporated by reference, from a physician or treatment source indicating that they are compliant with treatment and are capable of operating a motor vehicle safely. A copy of the form is available on the Department’s website.

Rulemaking Authority 322.02(6), 322.125(7) 322.126(1) FS. Law Implemented 322.05(7), (10), 322.125(1), (2), (3), 322.126(1), 322.221(2)(c) FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Ray Graves, Bureau Chief, Department of Highway Safety and Motor Vehicles

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 17, 2017