The Basics of Seizure Driving Laws in Florida
Active seizure driving laws are extremely important in Florida because the state has one of the highest seizure rates in the United States. What the laws say is that an individual who is known to suffer from active seizures must not drive a motor vehicle. The rationale behind these recovery driving laws is that someone with an active seizure poses a danger to themselves and everyone around them on the road. Car accidents resulting from seizures are actually more common than people realize. In fact, motor vehicle crashes account for a staggering 50% of all seizure-related deaths. The current Florida seizure driving laws set mandatory reporting guidelines and driver restrictions. Doctors or other medical professionals who are treating patients for epilepsy or who have witnessed seizures in patients must report the incident to the Department of Highway Safety and Motor Vehicles. However , in the case of bystanders, eyewitnesses may make a report to the DHSMV. Unfortunately, the current Florida laws do not require physicians to report seizures, although most do so voluntarily. Regardless, once a seizure is reported, the state will suspend the person’s license for six months from the time the report was made. A doctor’s assistance can be very helpful if one is facing a suspension of their driving privileges. An advocate can help in getting the information processed through the system. The DHSMV may need specific information from the doctor to determine if the driver can safely operate a motor vehicle.
Who Can Drive With a Seizure in Florida
Florida law requires all epileptic drivers to comply with certain seizure-free periods for the type of seizure medication you may be on or received the last time you had a seizure. For instance, if you are on the first generic for your epilepsy, the seizure-free period for the first generic is 3 months. If you had a seizure while on the first generic medication, the seizure-free period is 6 months. If you are on another form of medication, there is a 6 month, seizure-free period. While the person would have had their driving privileges suspended until after the seizure-free period expired, the person could apply for a payment plan through the Bureau of Administrative Reviews (as it’s not the same as a bill for the driver’s license suspensions). The driver would then be required to get a letter from a neurologist or an Electrophysiologist, confirming their current seizure-free period and that their seizures were reasonably controlled in order to lift the payment plan.
Medical Professionals and Reporting Seizures
Doctors’ Responsibilities to Report Drivers with Seizures and Epilepsy
In Florida, patients who experience seizures or epilepsy may be required to report their condition to the Department of Highway Safety and Motor Vehicles when they seek a driver’s license or after their physician suspects or has knowledge that the individual has seizures. The term "epilepsy" refers to a brain disorder in which a person has repeated seizures over time. A "seizure" is a sudden, uncontrolled electrical disturbance in the brain. This can cause changes in attention or behavior, or convulsions with stiffening and shaking. The questions about doctor-client confidentiality versus public safety in relation to reporting seizures are examined in this blog. Florida Statute 316.6135 requires that doctors report patients who are afflicted with seizures or epilepsy. To do this, health care practitioners must give patients who suffer from epilepsy or seizure disorders the information necessary to understand and comply with s. 322.051. Under s. 322.051(3) health care practitioners have a duty to report patients to the Department of Highway Safety and Motor Vehicles under certain circumstances. The doctor will need to provide the patient with the following information: 1. The potential for seizures to impair operating a vehicle; 2. The need for the patient to inform the Department of Highway Safety and Motor Vehicles of the diagnosis and treatment; 3. That the Department may require the patient to demonstrate competence to operate a vehicle. Any such report is confidential and exempt from the provisions of public records law. Doctors also have a duty to report patients to the Department of Highway Safety and motor vehicles after a seizure or after the doctor suspects or has knowledge that the patient has epilepsy or a seizure disorder. The question of the extent to which a doctor can disclose information to the state remains murky despite the reporting requirements in s.316.6135. The Florida Department of Health has issued an educational pamphlet which states the following: Reporting Patients’ Seizure Disorders: Your Duty and How it Protects Your Patient Section 316.6135, Florida Statutes, amended in 2008, requires you to give certain information about seizure disorders to patients who see you for seizure disorders or who inquire about seizure disorders. The law also requires you to report your patients after a seizure or after you suspect or should have suspected epilepsy or a seizure disorder. The purpose of section 316.6135 is to make sure that patients have all the necessary information to comply with section 322.051, Florida Statutes, which in turn requires individuals with seizure disorders to report those conditions to the Florida Department of Highway Safety and Motor Vehicles. We, the Department of Health, have drafted this pamphlet to help you know your obligations and best assist your patients in the methods and requirements set out in the Florida Statutes. According to the Florida Department of Highway Safety and Motor Vehicles, confidentiality concerns are addressed in Section 322.125, Florida Statutes, which requires that the Department not disclose medical information unless it is specifically authorized to do so. Thus, medical information is disclosed to the Department solely for the purposes of Sections 322.051 to 322.065. Medical information also must be made available to authorized law enforcement agencies to aid in a criminal investigation. In addition, the Department makes the following important points of clarification regarding its confidentiality policies: 1 .When DBS (database system) records are requested through any court, DS (driver services) is prohibited by section 322.31 (1), Florida Statutes, from releasing the request for the information received from the courts or from the information submitted in response to the request for information. It is DSHMV’s experience that these requests are submitted in whole for all drivers. 2. DSHMV may be able to release information that a client submits in response to a DBR request without having to advise the client, because section 119.071(5)(a)(14), F.S., states that certain information relating to the renewal of a driver’s license is not exempt from public records law. 3. The release of information to a governmental agency for use in an administrative or regulatory purpose is not considered public and may be released without the client’s specific consent. 4. The public does not have access to the personal information received by the DBR. Federal rules prohibit state agencies from releasing any information received in connection with an application for a driver’s license or identification card without the consent of the applicant unless required by law. 5. To date, there have been no after effects to the driver, regardless of how many times the medical review process has been employed, while the driver’s record has been challenged. There is great deference given to the doctor/patient privilege, and doctors may get sued for violating that privilege. However, there is also a nod to public safety and the right of the state to investigate potentially dangerous drivers. Florida is one of 20 states where a physician is legally required to report a seizure disorder to the DMV.
The Suspension of Licenses and Reinstatement
If a seizure disorder causes a driver to have a seizure while driving, it is most likely the driver will have their license suspended and they will have to submit certain documentation, undergo medical evaluations and even sit out a waiting period to reinstate their driving privileges. In Florida, it does not matter whether the seizure occurred due to battery acid build up or other causes. What matters is that a seizure has occurred.
In instances where a person has epilepsy or a seizure disorder that is in control by regular medication use, that person is allowed to retain their driving privileges. What they must do is have their doctor sign a statement declaring their condition is under control. The form required is FL-8705N. This form will be sent to the person’s local Driver License Office to be processed.
If the person’s seizure disorder is not under control following an evaluation by their neurologist, their neurologist may recommend the person complete a neuropsychological evaluation. The neurologist will then submit a packet of information to the Department of Highway Safety and Motor Vehicles (DHSMV) with copies of the neurological evaluation, the neuropsychological evaluation, an EEG report, a physician report, completing a Medical Evaluation Report and the neurologist’s recommendation on whether the person should be permitted to drive.
In order to facilitate a clearance for the person to drive from the DHSMV, the following documents are required for submission to the DHSMV:
The DHSMV will then have the neurology and psychology departments review the information and determine if the person can be permitted to drive again. The person will be notified by mail and will also be instructed on what they need to do to reissue their driver’s license. If the person presents the required documentation for reinstatement to the local Driver License Office, their license will be reinstated.
If a person has their license revoked, it is possible the person may have to sit that one out for a waiting period.
If the person is provided a provisional license, it may be reinstated early with appropriate documentation from the person’s treating neurologist.
Florida law requires that a person’s license be suspended for three months to one year for a first seizure. If the person’s driver’s license is suspended, they will receive a suspension letter. The letter will specify the nature of the offense and the date of the offense, along with the period of suspension. The person will then have 10 days from receipt of the letter to contact their office to demand a hearing contesting the suspension.
The person may have to submit to a neuropsychological evaluation completed by a qualified psychologist or neuropsychologist. If they pass that evaluation, they will be allowed to submit that to DHSMV for reissuance of their driver’s license.
If the person fails to get a medical examiner’s certificate, the person’s driver’s license will be revoked. In this case, the person would be eligible to apply for a hardship license.
Legal Ramifications of Driving Despite Having Uncontrolled Seizures
The act of driving with uncontrolled seizures places you and others at risk. It also has legal implications. What happens then if you drive against medical advice or fail to comply with the law’s requirements?
In Florida, the consequences of a seizure-related driving offense are significant. The immediate problem is that driving after a seizure can be criminal. Failure to comply with the state’s mandatory reporting requirements for drivers with Epileptic conditions may result in a second-degree misdemeanor charge.
The penalties for a second-degree misdemeanor in Florida are up to 60 days in jail, up to six months of probation, and a fine of up to $500. 631.02. Other offenses related to the state law on Epilepsy in Florida are third-degree felonies including:
The financial implications of each of these violations can be significant. In addition to fines, a conviction may affect your insurance coverage.
For example, for a second degree misdemeanor landscape contractor license violation, the licensee is subject to a fine of not more than $1 , 000 per violation, imprisonment not to exceed 90 days per violation, or both from disciplinary procedures,. Section 444.0725(1), F.S. For a felony, the penalty includes all of the above and, in addition, a term in prison but not more than 5 years, as determined by the court. Section 444.0725(2), F.S. and Section 775.082, F.S. A philosophy of learning from your past mistakes does not work in this setting.
For first time offenders, one option is to enroll in and maintain eligibility for the Pretrial Diversion Program. Under the program, prosecution is delayed, and could be dropped, upon successful completion. The Court will not assess any court costs or fees to the defendant for participation in and successful completion of the Pretrial Diversion Program. The defendant shall pay the actual amounts expended by the state for the supervision of the defendant while participating in the Pretrial Diversion Program. Finally, the program will not appear on future applications or United States Military records.
Support and Resources for Drivers With Seizures
When it comes to driving in Florida with epilepsy, support and information are available to help manage and navigate the legal and health aspects of the situation. The Epilepsy Foundation of Florida is a valuable resource for those impacted by seizures and epilepsy, offering resources and support groups for patients, caregivers, and families. Legal assistance may also be available through legal aid clinics or direct representation by private attorneys. Engaging the services of an attorney familiar with seizure driving laws can help drivers with seizures to recalibrate their driving privileges and manage any legal consequences related to the loss of their driving privileges. Epilepsy patients should work closely with their neurologists to ensure that they are managing medications and treatments effectively to keep seizures at bay while behind the wheel.
Recent Updates and Changes to The Law in Florida
The United States has been making an effort to encourage the states to adopt "seizure driving laws" sometimes called "seizure driver laws." These laws deprive drivers of their right to drive once diagnosed with a seizure disorder or a history of seizures. The problem with these laws is that they sometimes make no exception for people with well-controlled seizures. In Florida for example people with a history of seizures must wait 6 months after the date of their last seizure before they can re-apply for the right to drive. This law is in effect regardless of whether a person has experienced a seizure every day or every 6 months. Obviously, many people with well controlled seizures are more than capable of driving in a safe manner on public roadways. This has become a source of concern for many professionals, especially as it pertains to patients with epilepsy.
To better understand this issue we sat down with Dr. Julie Pomeranz and Michelle Dharamsi both with the Epilepsy Foundation of Florida. Both are members of the Epilepsy Foundation’s Medical Professional Advisory Board and the Medical Professional Advisory Board’s Public Policy Committee.
NeJame Law: What is the current state of Florida’s seizure driving laws?
Dr. Pomeranz:
Florida law states that drivers must be seizure-free for 6 months before they can drive again. However, the law does not say whether or not a patient should take their anti-seizure medication in order to maintain seizure control.
Michelle Dharamsi:
Under the current laws, a patient could choose to take half of their medication, have a seizure and lose their license for 6 months . Changing the time period to 12 months or eliminating the waiting period altogether would allow patients to be reviewed sooner and wouldn’t allow them to exhibit such a dangerous level of irresponsibility. Currently, patients are more often than not obtaining their licenses simply because they have waited 6 months. All too often this means patients are not genuinely interested in going 6 months without seizures. In fact, Sunathon, Florida’s Sanibel Island epilepsy bike ride, made up of over 400 riders, was created to raise awareness of this issue.
NeJame Law: Are there any current efforts to change the existing Florida laws regarding seizure driving?
Michelle Dharamsi:
Yes. One of our goals at the Epilepsy Foundation of Florida has been to educate our local legislators about this topic and why the 6 month wait period does not make sense. In working with Florida Representative Jared Moskowitz, the Epilepsy Foundation was able to pass two succesful bills into law. The first made it illegal to terminate a person with epilepsy from employment if they are under the effective treatment of a medical professional and the second made it a requirement for insurance companies to provide coverage for epilepsy drops.
NeJame Law: If someone is interested in learning more about seizure driving laws, where can they go for more information?
Dr. Pomeranz:
The Epilepsy Foundation of Florida has a publication, Driving and Seizures, available for download from their website at www.efof.org.