Florida 2024 2024 Regular Session

Florida Senate Bill S0288 Analysis / Analysis

Filed 02/06/2024

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Transportation  
 
BILL: CS/SB 288 
INTRODUCER:  Transportation Committee and Senator Rodriguez 
SUBJECT:  Designation of a Certain Diagnosis on Motor Vehicle Registrations 
DATE: February 6, 2024 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Shutes Vickers TR Fav/CS 
2.     ATD   
3.     FP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/SB 288 is to be cited as the “Safeguarding American Families Everywhere (SAFE) Act.” The 
bill provides that the application form for motor vehicle registrations must include language 
allowing an applicant to voluntarily indicate that the applicant has been diagnosed with, or is the 
parent or legal guardian of a child or ward who has been diagnosed with certain disabilities or 
disorders by a physician. If the applicant indicates a certain diagnosis on the application and 
provides proof acceptable to the Department of Highway Safety and Motor Vehicles (DHSMV), 
the information from the application must be included through the Driver and Vehicle 
Information Database. Such designation may be included or removed at any time upon request of 
the owner. 
 
The bill will have an insignificant negative fiscal impact on state government. 
 
The bill takes effect October 1, 2024. 
II. Present Situation: 
Motor Vehicle Registration Application 
Every owner or person in charge of a motor vehicle that is operated or driven on the roads of 
Florida must register the vehicle in the state. The owner or person in charge must apply to the 
REVISED:   BILL: CS/SB 288   	Page 2 
 
Department of Highway Safety and Motor Vehicles (DHSMV) or to its authorized agent for 
registration of each such vehicle on a form prescribed by the DHSMV.
1
 
 
The application for registration must include the street address of the owner’s permanent 
residence or the address of his or her permanent place of business and be accompanied by 
personal or business identification information. An individual applicant must provide a valid 
driver license or identification card issued by this state or another state or a valid passport. A 
business applicant must provide a federal employer identification number, if applicable, or 
verification that the business is authorized to conduct business in the state, or a Florida municipal 
or county business license or number.
2
 
 
Additionally, DHSMV must include certain language on the application form such as, but not 
limited to, language allowing an applicant who is deaf or hard of hearing to voluntarily indicate 
that he or she is deaf or hard of hearing. If the applicant indicates on the application that he or 
she is deaf or hard of hearing, such information must be included through the Driver and Vehicle 
Information Database and available through the Florida Crime Information Center system.
3
 
 
The DHSMV does not currently allow a motor vehicle owner or registrant to designate on his or 
her application form for the motor vehicle registration, whether or not he or she, or is the parent 
or legal guardian of a child or ward wo has been diagnosed with, a developmental disability or 
psychiatric disorder.  
 
Driver License and Identification Card Designations 
Driver license and identification cards contain various designations/identifiers/symbols that 
inform law enforcement, emergency medical personnel, retail establishments or any persons 
reviewing the card of certain conditions or entitlements.
4
 Designations related to physical health 
are as follows: 
 Developmental disability is designated as a “D”; 
 Deaf or hard of hearing may have the international symbol for the deaf; and  
 Insulin dependent persons may have the insulin dependent designation. 
 
The SAFE Program 
The Santa Rosa County Sheriff’s Office created and operates the SAFE Program with the intent 
to protect Santa Rosa County’s special needs community and any person who may not respond 
as expected in an emergency situation.
5
 The SAFE Program allows families to voluntarily fill out 
a form to enroll their loved ones in the program. Once the information from the form is received 
                                                
1
 Section 320.02(1), F.S.  
2
 Section 320.02(2)(a), F.S.  
3
 Section 320.02(14), F.S.  
4
 DHSMV 2024 Legislative Bill Analysis: SB 288 (December 14, 2023) at p. 2.  
5
 Certain law enforcement data has suggested that individuals with special needs are seven times more likely to have law 
enforcement encounters than the general population. Moreover, studies have suggested that there needs to be better 
preparation of law enforcement and the special needs community to understand these interactions and to improve the safety 
of everyone involved in emergency situations. Autism Speaks, How better understanding can support better outcomes in 
police interactions with autistics, (Dec. 23, 2020), https://www.autismspeaks.org/science-news/how-better-understanding-
can-support-better-outcomes-police-interactions-autistics (last visited Jan. 29, 2024).   BILL: CS/SB 288   	Page 3 
 
from a family or individual, the dispatchers enter the details into their local communication 
system. The information is then securely shared with other first responders in the community. 
After enrollment in the program, a family will be mailed complimentary decals to place at the 
entrance of their home and on the rear window of their vehicles if they so choose. The decal is an 
immediate signal to all Santa Rosa’s first responders that the family’s situation is different and 
that there is extra information available to keep everyone safe. The decal indicates for first 
responders to handle the situation with a little extra care.
6
 
III. Effect of Proposed Changes: 
The bill provides legislative intent and provides that the act be known as the “Safeguarding 
American Families Everywhere (SAFE) Act.”  
 
The bill amends s. 320.02, F.S., to provide that the application form for motor vehicle 
registrations must include language allowing an applicant to voluntarily indication that the 
applicant has been diagnosed with, or is the parent or legal guardian of a child or ward has been 
diagnosed with any of the following disabilities or disorders by a physician licensed under ch. 
458, F.S., or ch. 459, F.S.: 
 Autism; 
 Attention deficit hyperactivity disorder; 
 Down syndrome; 
 Alzheimer’s disease; 
 Traumatic brain injury; 
 Posttraumatic stress disorder; 
 Diabetes;  
 An autoimmune disorder; 
 Deafness; 
 Blindness; or 
 Any other mentally or physically limiting disorder 
 
If the applicant indicates a diagnosis listed above on the application and provides proof 
acceptable to DHSMV, the information from the application must be included through the Driver 
and Vehicle Information Database. Such designation may be included or removed at any time 
upon request of the vehicle owner. 
 
The bill makes conforming changes in s. 320.27, F.S.  
 
The bill takes effect October 1, 2024. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
None. 
                                                
6
 Santa Rosa Sheriff Office, SAFE Program, https://santarosasheriff.org/safe-program/ (last visited Jan. 29, 2024).   BILL: CS/SB 288   	Page 4 
 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
None. 
C. Government Sector Impact: 
The bill will have an insignificant, negative fiscal impact on the DHSMV, as the 
department will need to make changes to its motor vehicle registration application and 
enter the new information in the Driver and Vehicle Information Database. Additionally, 
MyDMV Portal will need to be updated. DHSMV estimates that the bill will cost $33,120 
for such programming and implementation.
7
  
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
DHSMV recommends that the effective date of the bill should be amended to October 1, 2025, in 
order to allow adequate time for programming and implementation of the bill. 
VIII. Statutes Affected: 
This bill substantially amends the following sections of the Florida Statutes: 320.02 and 320.27. 
                                                
7
 DHSMV, 2024 Legislative Bill Analysis: SB 288 (December 14, 2023) at p. 5.  BILL: CS/SB 288   	Page 5 
 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS by Transportation on February 6, 2024: 
The committee substitute: 
 Adds the term “American” to the title of the act to read “Safeguarding American 
Families Everywhere (SAFE) Act.” 
 Lists specific disabilities or disorders which may be included on the application for 
motor vehicle registration. 
 Specifies the information on the application must be included through the Driver and 
Vehicle Information Database. 
 Changes the effective date from July 1, 2024 to October 1, 2024. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.