How to Obtain a Florida Medical Exemption for Illegal Window Tint
Florida strictly regulates vehicle window tint, but drivers with specific medical conditions can legally bypass these limits. By submitting Form HSMV 83390 signed by a licensed physician, you can obtain a medical exemption to install darker tint and avoid traffic tickets.
Understanding Florida Window Tint Laws
In the Sunshine State, window tint is a necessity for keeping cars cool. However, law enforcement heavily regulates how dark your windows can be to ensure officer safety during traffic stops. Under Fla. Stat. § 316.2953, standard passenger vehicles must allow at least 28% of light to pass through the front side windows, while Fla. Stat. § 316.2954 requires at least 15% light transmittance through rear windows. If your tint is darker than this, police can pull you over and issue a costly citation. Fortunately, the state recognizes that some residents physically cannot tolerate standard UV exposure. For these individuals, a legal medical exemption is available. If you have been unfairly ticketed despite a medical condition, you can search our US Lawyer Directory to find a local traffic defense attorney to help clear your record.
Medical Conditions That Qualify for Exemption
The state does not grant tint exemptions simply because a driver wants privacy. You must have a verifiable medical condition that necessitates severe UV protection.
Qualifying Autoimmune and Dermatological Conditions
Under Fla. Stat. § 316.29545, exemptions are specifically granted to persons suffering from medical conditions requiring shielding from direct sunlight. The most common qualifying conditions are dermatological and autoimmune disorders. Patients diagnosed with Systemic Lupus Erythematosus (Lupus), Melanoma, Albinism, or severe Photosensitivity frequently qualify. These conditions make exposure to standard sunlight physically painful or highly dangerous, justifying the need for 'limo tint' (5% light transmittance) or complete UV-blocking films on all windows, including the front windshield.
Vision-Related Conditions
While dermatological conditions are the most common, severe ophthalmological issues can also qualify. Patients with severe light sensitivity (Photophobia) associated with migraines or certain degenerative eye diseases may be eligible, provided their physician can articulate that darker window tint is a medical necessity for safe driving.
The Exemption Application Process
Getting the exemption requires strict adherence to Department of Highway Safety and Motor Vehicles procedures.
How Physicians Certify the Form
You cannot simply bring a doctor's note to the DMV. You must use Form HSMV 83390, Florida, DHSMV, Application for Sunscreening Medical Exemption. You will complete the applicant section, and your Florida-licensed physician or dermatologist must complete the medical certification section. The doctor must provide their medical license number and formally certify that you require a medical exemption from standard window tinting requirements.
Submission to the DHSMV
Once the form is signed, it must be mailed directly to the Florida Department of Highway Safety and Motor Vehicles, Tallahassee. The state will review the application and, upon approval, mail you a Medical Exemption Certificate. This official certificate must be kept inside the vehicle at all times to present to law enforcement during a traffic stop.
Traffic Stops and Legal Protections
Having a medical condition is not a defense if you do not have the proper paperwork.
Defending a Tint Ticket with a Pending Medical Application
If you are pulled over and cited for illegal tint while your Form HSMV 83390, Florida, DHSMV, Application for Sunscreening Medical Exemption is still processing in Tallahassee, you will likely have to take the ticket to court. A traffic attorney can represent you in a local venue, such as the Broward County Court, Fort Lauderdale or the Duval County Court, Jacksonville. The attorney can present your medical records and the pending application to the magistrate, requesting that the citation be dismissed based on medical necessity and administrative delay.
Costs Associated with Tint and Exemptions
Obtaining the exemption and installing the tint involves several costs:
| Cost Type | Estimated Amount |
|---|---|
| HSMV Medical Exemption Application Fee | $6.50 per vehicle |
| Physician Copay / Consultation | $50 to $150 (Varies by insurance) |
| Illegal Tint Traffic Citation Fine | $116 per window cited |
| Custom Dark/Ceramic Tint Installation | $250 to $600+ |
How Long Does the Exemption Last?
Unlike some states where exemptions must be renewed annually, a Florida medical window tint exemption does not currently have an expiration date attached to the standard certificate, provided it is issued permanently for a chronic condition. However, if the vehicle is sold, the new owner must remove the dark tint unless they also possess a valid medical exemption.
Frequently Asked Questions (FAQ)
Does the exemption cover the front windshield?
Yes. While standard laws prohibit tinting the front windshield below the AS-1 line, a medical exemption allows for medical-grade UV film to be applied to the entire front windshield to protect the driver.
Can a police officer still pull me over if I have the exemption?
Yes. Because police cannot see the certificate from the outside of the vehicle, they may still initiate a traffic stop for suspected illegal tint. You must present the certificate along with your license and registration to resolve the stop.
Is the exemption tied to the driver or the vehicle?
The exemption certificate is issued to the individual driver with the medical condition, not the vehicle itself. However, it authorizes the specific vehicles owned or regularly driven by the applicant to have the darker tint.
What if my doctor refuses to sign the form?
A doctor is not legally obligated to sign the form if they do not believe your condition medically necessitates extreme UV protection. You may need to seek a second opinion from a board-certified dermatologist.
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