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Florida Statute 322.126 - Full Text and Legal Analysis
Florida Statute 322.126 | Lawyer Caselaw & Research
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F.S. 322.126 Case Law from Google Scholar Google Search for Amendments to 322.126

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 322
DRIVER LICENSES
View Entire Chapter
322.126 Report of disability to department; content; use.
(1) For the purpose of the reports authorized by this section, the Department of Highway Safety and Motor Vehicles, assisted by the Medical Advisory Board, shall:
(a) Define mental or physical disabilities affecting the ability of a person to safely operate a motor vehicle.
(b) Develop and keep current coded restrictions to be placed upon driver licenses of persons who are required to wear medical identification bracelets when operating a motor vehicle.
(2) Any physician, person, or agency having knowledge of any licensed driver’s or applicant’s mental or physical disability to drive or need to obtain or to wear a medical identification bracelet is authorized to report such knowledge to the Department of Highway Safety and Motor Vehicles. The report should be made in writing giving the full name, date of birth, address, and a description of the alleged disability of any person over 15 years of age having mental or physical disorders that could affect his or her driving ability.
(3) The reports authorized by this section shall be confidential and exempt from the provisions of s. 119.07(1) and shall be used solely for the purpose of determining the qualifications of any person to operate a motor vehicle on the highways of this state. No civil or criminal action may be brought against any physician, person, or agency who provides the information required herein.
(4) No report forwarded under the provisions of this section shall be used as evidence in any civil or criminal trial or in any court proceeding.
History.s. 2, ch. 75-289; s. 1, ch. 77-174; s. 4, ch. 88-410; s. 2, ch. 89-90; s. 77, ch. 94-306; s. 932, ch. 95-148; s. 155, ch. 96-406.

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Amendments to 322.126


Annotations, Discussions, Cases:

Cases Citing Statute 322.126

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Duckworth v. State, 923 So. 2d 530 (Fla. 4th DCA 2006).

Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2492, 2006 WL 437506

...res). Nevertheless, the state’s investigating a licensee’s possible commission of fraud with respect to such medical reports does not appear to be an exception to the confidentiality provisions on which Duck-worth relies, sections 322.125(4) and 322.126(4)....
...in proceedings under § .322.271 or § 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. § 322.125(4), Fla. Stat. (emphasis added). Section 322.126(4) provides, concerning reports of driver disability to the department and its medical advisory board, that “[n]o report forwarded under the provisions of this section shall be used as evidence in any civil or criminal trial or in a...
...ectuate a right to privacy in medical records do not apply to search warrants. Limbaugh, 887 So.2d at 393-94 . But he argues that the legislature afforded extra protection, beyond that afforded under the subpoena statutes, under sections 322.125 and 322.126....
...See § 322.125(4) (stating “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 ... may not be ... used as evidence in any trial”) (emphasis added); § 322.126(4) (stating “No report forwarded under the provisions of this section shall be used as evidence in any civil or criminal trial or in any court proceeding.”) (emphasis added)....

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