Florida Senate - 2014 SB 744
By Senator Detert
28-01035-14 2014744__
1 A bill to be entitled
2 An act relating to motor vehicle insurance and driver
3 education for children in care; creating s. 409.1454,
4 F.S.; providing legislative findings; directing the
5 Department of Children and Families to establish a
6 statewide pilot program to pay specified costs of
7 driver education, licensure and costs incidental to
8 licensure, and motor vehicle insurance for a child in
9 care who meets certain qualifications; providing
10 limits of the amount to be paid; requiring payments to
11 be made in the order of eligibility until funds are
12 exhausted; requiring the department to contract with a
13 qualified not-for-profit entity to operate and develop
14 procedures for the pilot program; requiring the
15 department to submit an annual report with
16 recommendations to the Governor and the Legislature;
17 creating s. 743.047, F.S.; removing the disability of
18 nonage of minors for purposes of obtaining motor
19 vehicle insurance; requiring an order by the court for
20 the disability of nonage to be removed; amending s.
21 1003.48, F.S.; providing for preferential enrollment
22 in driver education for specified children in care;
23 providing an appropriation; providing an effective
24 date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 409.1454, Florida Statutes, is created
29 to read:
30 409.1454 Motor vehicle insurance for children in care.—
31 (1) The Legislature finds that the costs of driver
32 education, licensure and costs incidental to licensure, and
33 motor vehicle insurance for a child in care after such child
34 obtains a driver license creates an additional barrier to
35 engaging in normal age-appropriate activities and gaining
36 independence and may limit opportunities for obtaining
37 employment and completing educational goals. The Legislature
38 also finds that the completion of an approved driver education
39 course is necessary to develop safe driving skills.
40 (2) To the extent that funding is available, the department
41 shall establish a 3-year pilot program to pay the cost of driver
42 education, licensure and other costs incidental to licensure,
43 and motor vehicle insurance for children in care who have
44 successfully completed a driver education program.
45 (3) If a caregiver, or an individual or not-for-profit
46 entity approved by the caregiver, adds a child to his or her
47 existing insurance policy, the amount paid to the caregiver or
48 approved purchaser may not exceed the increase in cost
49 attributable to the addition of the child to the policy.
50 (4) Payment shall be made to eligible recipients in the
51 order of eligibility until available funds are exhausted.
52 (5) The department shall contract with a not-for-profit
53 entity whose mission is to support youth aging out of foster
54 care to develop procedures for operating and administering the
55 pilot program, including, but not limited to:
56 (a) Determining eligibility, including responsibilities for
57 the child and caregivers.
58 (b) Developing application and payment forms.
59 (c) Notifying eligible children, caregivers, group homes,
60 and residential programs of the pilot program.
61 (d) Providing technical assistance to lead agencies,
62 providers, group homes, and residential programs to support
63 removing obstacles that prevent children in foster care from
64 driving.
65 (6) By July 1, 2015, and annually thereafter for the
66 duration of the pilot program, the department shall submit a
67 report to the Governor, the President of the Senate, and the
68 Speaker of the House of Representatives evaluating the success
69 of and outcomes achieved by the pilot program. The report shall
70 include a recommendation as to whether the pilot program should
71 be continued, terminated, or expanded.
72 Section 2. Section 743.047, Florida Statutes, is created to
73 read:
74 743.047 Removal of disabilities of minors; executing
75 agreements for motor vehicle insurance.—For the purpose of
76 ensuring that a child in foster care will be able to secure
77 motor vehicle insurance, the disability of nonage of minors
78 shall be removed provided that the child has reached 16 years of
79 age, has been adjudicated dependent, is residing in an out-of
80 home placement as defined in s. 39.01, and has completed a
81 driver education program. Upon issuance of an order by a court
82 of competent jurisdiction, such child is authorized to make and
83 execute all documents, contracts, or agreements necessary for
84 obtaining motor vehicle insurance as if the child is otherwise
85 competent to make and execute contracts. Execution of any such
86 contract or agreement for motor vehicle insurance has the same
87 effect as if it were the act of a person who is not a minor. A
88 child seeking to enter into such contract or agreement or
89 execute other necessary instrument incidental to obtaining motor
90 vehicle insurance must present an order from a court of
91 competent jurisdiction removing the disabilities of nonage of
92 the minor pursuant to this section.
93 Section 3. Section 1003.48, Florida Statutes, is amended to
94 read:
95 1003.48 Instruction in operation of motor vehicles.—
96 (1) A course of study and instruction in the safe and
97 lawful operation of a motor vehicle shall be made available by
98 each district school board to students in the secondary schools
99 in the state. The secondary school shall provide preferential
100 enrollment to a student who is in the custody of the Department
101 of Children and Families if the student maintains appropriate
102 progress as required by the school. As used in this section, the
103 term “motor vehicle” has shall have the same meaning as in s.
104 320.01(1)(a) and includes shall include motorcycles and mopeds.
105 Instruction in motorcycle or moped operation may be limited to
106 classroom instruction. The course may shall not be made a part
107 of, or a substitute for, any of the minimum requirements for
108 graduation.
109 (2) In order to make such a course available to any
110 secondary school student, the district school board may use any
111 one of the following procedures or any combination thereof:
112 (a) Use Utilize instructional personnel employed by the
113 district school board.
114 (b) Contract with a commercial driving school licensed
115 under the provisions of chapter 488.
116 (c) Contract with an instructor certified under the
117 provisions of chapter 488.
118 (3)(a) District school boards shall earn funds on full-time
119 equivalent students at the appropriate basic program cost
120 factor, regardless of the method by which such courses are
121 offered.
122 (4)(b) For the purpose of financing the Driver Education
123 Program in the secondary schools, there shall be levied an
124 additional 50 cents per year to the driver driver’s license fee
125 required by s. 322.21. The additional fee shall be promptly
126 remitted to the Department of Highway Safety and Motor Vehicles,
127 which shall transmit the fee to the Chief Financial Officer to
128 be deposited in the General Revenue Fund.
129 (5)(4) The district school board shall prescribe standards
130 for the course required by this section and for instructional
131 personnel directly employed by the district school board. A Any
132 certified instructor or licensed commercial driving school is
133 shall be deemed sufficiently qualified and is shall not be
134 required to meet any standards in lieu of or in addition to
135 those prescribed under chapter 488.
136 Section 4. The sum of $800,000 is appropriated from the
137 General Revenue Fund to the Department of Children and Families
138 for the purpose of implementing this act during the 2014-2015
139 fiscal year.
140 Section 5. This act shall take effect July 1, 2014.