This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0733.CFS
DATE: 1/26/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 733 Registry of Persons with Special Needs
SPONSOR(S): Children, Families & Seniors Subcommittee, Plasencia and others
TIED BILLS: HB 735 IDEN./SIM. BILLS: SB 1040
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 14 Y, 1 N, As CS Guzzo Brazzell
SUMMARY ANALYSIS
Many behaviors associated with autism, Alzheimer’s disease and other dementia-related disorders can
increase a person’s chances of interacting with law enforcement because those behaviors are similar to
behaviors typically associated with criminals. These include things such as the inability to follow instructions,
acting out, inappropriate verbal statements, or other actions that may be mistakenly perceived as an indication
of hostility, criminal intent, or alcohol or drug intoxication.
Current law allows individuals to voluntarily request a designation of “D” on their driver licenses if they have a
developmental disability, including but not limited to autism, to indicate that they have a developmental
disability.
The bill revises driver license and identification card statutes to allow law enforcement to be better able to
identify an individual as having a developmental disability or Alzheimer’s disease prior to interacting with the
individual.
Specifically, the bill requires the Department of Highway Safety and Motor Vehicles to:
Share the information contained on the driver license or identification card of an individual who requests
to have a “D” on their identification card or driver license with the Driver Vehicle Information Database
and the Florida Crime Information Center system, and
Allow an individual with Alzheimer’s disease or a dementia-related disorder to have an “AD” identifier
on their identification card and/or driver license and requires the information to be shared with the
Driver Vehicle Information Database and the Florida Crime Information Center system.
As a result, for individuals who have voluntarily provided this information when applying for or renewing a
driver license or identification card, law enforcement will know if an individual has a DD or Alzheimer’s disease
or a dementia-related disorder before interacting with the individual during a traffic stop or when they are
dispatched to an incident in which they know the individual’s name prior to interaction.
The bill has an unknown, but likely insignificant negative fiscal impact on the Department of Highway Safety
and Motor Vehicles for programming costs associated with updating data systems and printers.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h0733.CFS PAGE: 2
DATE: 1/26/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Developmental Disabilities
The Agency for Persons with Disabilities serves more than 58,000 Floridians with developmental
disabilities including autism, cerebral palsy, spina bifida, intellectual disabilities, Down syndrome,
Prader-Willi syndrome, and Phelan-McDermid syndrome.
1
Cerebral palsy is a group of disabling symptoms of extended duration, which results from
damage to the developing brain that may occur before, during, or after birth and that results in
the loss or impairment of control over voluntary muscles.
2
Spina bifida is a birth defect in the vertebral column in which part of the spinal cord, which is
normally protected within the vertebral column, is exposed. Spina bifida is caused by the failure
of the neural tube to close during embryonic development. The neural tube is the embryonic
structure that gives rise to the brain and spinal cord. People with spina bifida can have difficulty
with bladder and bowel incontinence, cognitive (learning) problems, and limited mobility.
3
Intellectual disability means significantly subaverage general intellectual functioning existing
concurrently with deficits in adaptive behavior. An individual with an intellectual disability has
certain limitations in both mental functioning and in adaptive skills such as communicating, self-
care, and social skills. These limitations will cause a person to learn and develop more slowly.
People with intellectual disabilities may take longer to learn to speak, walk, and take care of
their personal needs such as dressing or eating.
4
Down syndrome is a genetic disorder caused when abnormal cell division results in extra
genetic material from chromosome 21. This genetic disorder, also known as trisomy 21, varies
in severity, causes lifelong intellectual disability and developmental delays, and, in some
people, causes health problems.
5
Prader-Willi syndrome is a complex genetic condition that affects many parts of the body. In
infancy, this condition is characterized by weak muscle tone, feeding difficulties, poor growth,
and delayed development. Beginning in childhood, affected individuals develop an insatiable
appetite and chronic overeating. As a result, most experience rapid weight gain leading to
obesity. People with Prader-Willi syndrome typically have an intellectual disability or a learning
disability and behavioral problems.
6
Phelan-McDermid syndrome is a rare condition due to a chromosomal abnormality. Symptoms
vary in range and severity but often include low muscle tone, difficulty moving, absent-to-
severely delayed speech, autistic features, moderate-to-profound intellectual disability, and
epilepsy.
7
Autism
1
Agency for Persons with Disabilities, Long-Range Program Plan (2021), available at
http://floridafiscalportal.state.fl.us/Document.aspx?ID=23172&DocType=PDF (last accessed January 23, 2022).
2
Id.
3
Id.
4
Id.
5
Id.
6
Id.
7
Id. STORAGE NAME: h0733.CFS PAGE: 3
DATE: 1/26/2022
Autism is a pervasive, neurologically-based developmental disability of extended duration that has
onset during infancy or childhood, which causes severe learning, communication, and behavioral
disorders.
8
Autism spectrum disorder includes autism, Asperger’s syndrome, and any other pervasive
developmental disorder.
9
The Centers for Disease Control and Prevention (CDC) estimates that
approximately one in 44 children has autism spectrum disorder.
10
CDC also estimates that over 5.4
million adults have autism spectrum disorder.
11
Interactions with Law Enforcement for Individuals with Autism
A person’s developmental disability may make interactions with law enforcement more challenging.
For example, identifying a person with an autism spectrum disorder (ASD) can be confusing to any
person unfamiliar with the condition, including law enforcement.
12
Law enforcement can mistake the
signs of autism with behaviors typically associated with those of criminals.
13
Common attributes of
autism are communication differences and behaviors or thinking that are repetitive or restricted to an
area of interest. These traits could be interpreted by law enforcement as not being compliant with
questioning or direct instructions. A characteristic of ASD known as escalation poses a particular
problem in encounters with law enforcement.
14
Escalation describes the response of a person with ASD
under stress or in an unfamiliar situation. Overwhelmed by the barrage of sensory information, a person
with ASD may attempt to flee the uncomfortable situation, become combative, or simply shut down.
The individual may cover his or her ears and shriek, not knowing how or where to get help.
15
The
presence of police lights and sirens, uniforms, loud and unfamiliar voices, or barking dogs often makes
a difficult situation worse by contributing to the individual's sensory overload.
16
Alzheimer’s Disease
Alzheimer’s disease is a form of dementia, a general term for memory loss. It is a progressive brain
disorder that damages and eventually destroys brain cells, leading to memory loss and changes in the
functions of the brain. Alzheimer’s disease accounts for 60 to 80 percent of dementia cases.
Alzheimer's disease is a progressive disease in which dementia symptoms worsen gradually over time.
In the early stages of Alzheimer’s disease, memory loss is mild; in late-stages, individuals lose the
ability to carry on a conversation and respond to their environment. Currently, the disease has no cure,
but treatment can temporarily slow the worsening of symptoms.
17
Florida has an increasing number of individuals with Alzheimer’s disease. An estimated 580,000
Floridians have Alzheimer’s disease.
18
The projected number of Floridians with Alzheimer’s disease is
estimated to increase by 24% to 720,000 individuals by 2025.
19
Interactions with Law Enforcement
Many behaviors associated with Alzheimer’s disease and dementia tend to increase a person’s chance
of interacting with law enforcement. Because these individuals are often unable to explain their unusual
8
S. 393.063(5), F.S.
9
S. 627.6686(2)(b), F.S.
10
Centers for Disease Control and Prevention, Data & Statistics on Autism Spectrum Disorder, available at
https://www.cdc.gov/ncbddd/autism/data.html (last accessed January 22, 2022).
11
Centers for Disease Control and Prevention, Key Findings: CDC Releases First Estimates of the Number of Adults Living with Autism
Spectrum Disorder in the United States, available at https://www.cdc.gov/ncbddd/autism/features/adults-living-with-autism-spectrum-
disorder.html (last accessed January 22, 2022).
12
Bernard J. Farber, Police Interaction With Autistic Persons: The Need For Training, Aele Monthly Law Journal, 101, 102 (2009),
available at https://www.aele.org/law/2009all07/2009-07MLJ101.pdf (last accessed January 22, 2022).
13
Lambert, Randy (2018) "How Changing the Wes Kleinert Fair Interview Act and Establishing Law Enforcement Academy Training
Standards Will Help the Autism Community," Child and Family Law Journal: Vol. 6 : Iss. 1 , Article 3,
available at: https://lawpublications.barry.edu/cflj/vol6/iss1/3 (last accessed January 22, 2022).
14
Supra at note 8.
15
Id.
16
Id.
17
Alzheimer’s Association, 2021 Alzheimer’s Disease Facts and Figures, available at
https://www.alz.org/media/documents/alzheimers-facts-and-figures.pdf (last accessed January 20, 2022).
18
Florida Department of Elder Affairs, 2021 Alzheimer’s Disease Advisory Committee Annual Report, available at
https://elderaffairs.org/wp-content/uploads/ADAC-Report-2021_FINAL.pdf (last accessed January 20, 2022).
19
Id. STORAGE NAME: h0733.CFS PAGE: 4
DATE: 1/26/2022
behavior, their actions are more easily misunderstood.
20
Common instances that can cause someone
with Alzheimer’s disease to interact with law enforcement include wandering, auto accidents, erratic
driving, accidental breaking and entering due to confusion, and unintentional shoplifting.
21
Driver Licenses and Identification Cards
The Florida Department of Highway Safety and Motor Vehicles (DHSMV or Department) provides
services by partnering with county tax collectors and local, state, and federal law enforcement agencies
to promote a safe driving environment.
22
The Department is responsible for enforcing laws relating to
driver licenses and identification cards.
23
The Department is required to contract with county tax
collectors who issue driver licenses and identification cards.
24
Disability Designations
Any person who is five years of age or older, or any person who has a disability and who applies for a
disabled parking permit (regardless of age), may be issued an identification card upon completion of an
application and payment of an application fee.
25
Current law authorizes an individual with a
developmental disability
26
(DD) to get a “D” placed on that individual’s driver license or identification
card.
27
A request for the “D” designation may be made by the individual with a DD, or by a parent or
guardian of a child or ward who has a DD. To receive the “D” designation, an individual with a DD is
required to pay a $1 fee and submit proof of a DD diagnosis by a licensed physician.
28
However, an
individual with a developmental disability is not required to provide this information; the request for a
“D” designation is made voluntarily by the individual with a developmental disability or by another
authorized requestor.
Driver and Vehicle Information Database
The Driver and Vehicle Information Database (DAVID) provides easy-to-use, secure web-based access
to driver license identity information, driver license transactions, driver license records, and vehicle
titles and registrations. In order for an agency to gain access to the information in DAVID, DHSMV and
the requesting agency must enter into a Memorandum of Understanding (MOU). The MOU establishes
the purposes for and conditions of electronic access to DAVID. DAVID may only be used by law
enforcement for official law enforcement purposes such as traffic stops, investigations, missing
persons, automobile crashes, and natural disasters.
Florida Crime Information Center (FCIC) System
The FCIC system is a database that provides criminal justice agencies with access to federal and state
criminal justice information. The FCIC system is used for rapid communications such as:
Be On the Look Out (BOLO) notices, used to notify the public and law enforcement when
assistance is needed finding a suspect; and
20
Alzheimer’s Association, Alzheimer’s Disease Guide for Law Enforcement, available at
https://www.alz.org/national/documents/safereturn_lawenforcement.pdf (last accessed January 22, 2022).
21
Id.
22
Florida Department of Highway Safety and Motor Vehicles, Statement of Agency Organization and Operation, available at
https://www.flhsmv.gov/pdf/department/orgstatement.pdf (last accessed January 22, 2022).
23
Ss. 322.02(2), F.S., 322.14, F.S., and 322.051, F.S.
24
S. 322.02(1), F.S.
25
S. 322.051(1), F.S.
26
S. 393.063(12), F.S., defines “development disability” as a disorder or syndrome that is attributable to intellectual disability, cerebral
palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome; that manifests before the age of
18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely.
27
S. 322.14(1)(f), F.S., and s. 322.051(8)(e), F.S.
28
Id. STORAGE NAME: h0733.CFS PAGE: 5
DATE: 1/26/2022
All Points Bulletins, used as broadcast alerts from one police station to all others in a particular
area or state with instructions to arrest a suspect.
Additionally, the FCIC system provides connectivity to DHSMV and the National Crime Information
Center (NCIC).
Effect of the Bill
The bill revises driver license and identification card statutes to allow law enforcement to be able to
identify an individual as having a DD or Alzheimer’s disease prior to interacting with the individual, if the
individual has voluntarily provided this information when applying for or renewing a driver license or
identification card.
The bill requires the Department to share the information contained on the driver license or
identification card of an individual who requests to have a “D” on their identification card or driver
license with the Driver Vehicle Information Database and the Florida Crime Information Center system.
The bill also allows an individual with Alzheimer’s disease or a dementia-related disorder to have an
“AD” identifier on their identification card or driver license, and requires the information to be shared
with the Driver Vehicle Information Database and the Florida Crime Information Center system. A
request for the “AD” designation may be made by the individual with Alzheimer’s disease or a
dementia-related disorder, or by a legal guardian or immediate family member
29
of an individual with
Alzheimer’s disease or a dementia-related disorder.
As a result, for individuals voluntarily providing information regarding their developmental disability or
that they have Alzheimer’s disease or a dementia-related disorder, law enforcement will know if an
individual has a DD or Alzheimer’s disease or a dementia-related disorder before interacting with the
individual during a traffic stop or when they are dispatched to an incident in which they know the
individual’s name prior to interaction.
The bill provides an effective date of July 1, 2022.
B. SECTION DIRECTORY:
Section 1: Amends s. 322.051, F.S., relating to identification cards.
Section 2: Amends s. 322.14, F.S., relating to licenses issued to drivers.
Section 3: Provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The Department of Highway Safety and Motor Vehicles will incur programming costs associated
with updating data systems and printers. The amount is unknow but likely insignificant.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
29
“Immediate family member” means a parent, spouse, child, sibling, grandchild, brother-in-law, sister-in-law, son-in-law, daughter-in-
law, mother-in-law, or father-in-law. STORAGE NAME: h0733.CFS PAGE: 6
DATE: 1/26/2022
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The Department of Highway Safety and Motor Vehicles has sufficient rule-making authority to
implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES