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to issue a voluntary developmental disability designation, a capital“ D,” on a driver’ s license or state identification card, as provided in Fla. Stat. §§ 322.14( 1)( f) 1 and 322.051( 8)( e) 1. Applicants must submit medical documentation from a licensed physician and complete DHSMV Form 72120, titled Application for Driver License Developmental Disability Designation and / or Motor Vehicle Registration Safe Designation, and pay the associated fee. The application is available online at: https:// www. flhsmv. gov / pdf / forms / 72120. pdf.
Fla. Stat. § 943.0439 represents a critical advancement in safeguarding the rights of individuals with autism or related developmental disabilities during custodial interviews. Nevertheless, the statute’ s“ good faith effort” standard is inherently subjective and lacks enforceable accountability. Courts have emphasized the importance of clarity in statutory mandates to avoid arbitrary application. 6 Without uniform protocols or penalties for noncompliance, agencies may interpret their obligations inconsistently. Legal scholars have similarly noted that discretionary statutory language often leads to inequities in implementation. 7
To strengthen § 943.0439, the Florida Legislature should consider mandating professional presence when requested and require data reporting to monitor compliance. Statewide training standards and registries of qualified professionals would further promote consistency and due process, fulfilling the statute’ s intended protective function. Without additional safeguards, vulnerable individuals may continue to face disadvantages in critical encounters with law enforcement. Robust oversight, recurring agency audits, and community-based accountability measures could help ensure that protections are not merely formalities, and are instead meaningfully implemented in everyday practice and respected by all involved stakeholders.
Long-term effectiveness of the statute will require sustained interagency coordination, dedicated funding, and a shift in law enforcement culture toward empathy, accommodation, and inclusive justice for all neurodiverse individuals. n
1
Dan Sweeney, Strip club visit leads to expanded state protection for the autistic, ORLANDO SENTINEL, Apr. 4, 2016, available at https:// digitaledition. orlandosentinel. com / tribune / article _ popover. aspx? guid = 68dbfb68-cc0d- 41ba-969d-7406d6374174.
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Id.
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Id.
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FLA. STAT. 943.0439( 2016).
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Id.
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Kolender v. Lawson, 461 U. S. 352, 357 – 58( 1983).
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Mary D. Fan, Street Diversion and Decarceration, 50 Am. Crim. L. Rev. 109, 134 – 36( 2013).
Author: Lily M. McCarty – Lily M. McCarty, LLC
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