Senate Bill 1048

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    Florida Senate - 1999                                  SB 1048

    By Senator Geller





    29-1122-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to teenage driver education;

  3         amending s. 233.063, F.S.; revising provisions

  4         relating to instruction in the operation of

  5         motor vehicles; providing minimum classroom

  6         instruction and experience requirements;

  7         amending s. 322.16, F.S.; prohibiting certain

  8         drivers from transporting more than one

  9         passenger who is younger than 18 years of age;

10         amending s. 322.1615, F.S.; raising the age for

11         the issuance of a learner's driver's license;

12         amending s. 322.05, F.S.; conforming

13         provisions; providing additional requirements

14         with respect to the issuance of a driver's

15         license; providing an effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Subsection (4) of section 233.063, Florida

20  Statutes, is amended to read:

21         233.063  Instruction in operation of motor vehicles.--

22         (4)  The district school board shall prescribe

23  standards for the course required by this act and for

24  instructional personnel directly employed by the board.  The

25  course shall provide each student with a minimum of 30

26  classroom hours instruction and a minimum of 6 hours'

27  experience in control of a motor vehicle under the supervision

28  of a certified instructor.  Any certified instructor or

29  licensed commercial driving school shall be deemed

30  sufficiently qualified and shall not be required to meet any

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    Florida Senate - 1999                                  SB 1048
    29-1122-99                                              See HB




  1  standards in lieu of or in addition to those prescribed under

  2  chapter 488.

  3         Section 2.  Section 322.16, Florida Statutes, is

  4  amended to read:

  5         322.16  License restrictions.--

  6         (1)(a)  The department, upon issuing a driver's

  7  license, may, whenever good cause appears, impose restrictions

  8  suitable to the licensee's driving ability with respect to the

  9  type of special mechanical control devices required on a motor

10  vehicle that the licensee may operate, including, but not

11  limited to, restricting the licensee to operating only

12  vehicles equipped with air brakes, or imposing upon the

13  licensee such other restrictions as the department determines

14  are appropriate to assure the safe operation of a motor

15  vehicle by the licensee.

16         (b)  The department may further impose other suitable

17  restrictions on use of the license with respect to time and

18  purpose of use, including, but not limited to, a restriction

19  providing for intrastate operation only, or may impose any

20  other condition or restriction that the department considers

21  necessary for driver improvement, safety, or control of

22  drivers in this state.

23         (c)  The department may further, at any time, impose

24  other restrictions on the use of the license with respect to

25  time and purpose of use or may impose any other condition or

26  restriction upon recommendation of any court, of the Parole

27  Commission, or of the Department of Corrections with respect

28  to any individual who is under the jurisdiction, supervision,

29  or control of the entity that made the recommendation.

30         (d)  The department may impose a restriction upon the

31  use of the license requiring that the licensee wear a medical

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1048
    29-1122-99                                              See HB




  1  identification bracelet when operating a motor vehicle.

  2  Medical identification bracelet restrictions must be coded on

  3  the license of the restricted operator.  There is no penalty

  4  for violating this paragraph.

  5         (2)  A person who holds a driver's license and who is

  6  under 17 years of age, when operating a motor vehicle after 11

  7  p.m. and before 6 a.m., must be accompanied by a driver who

  8  holds a valid license to operate the type of vehicle being

  9  operated and is at least 21 years of age unless that person is

10  driving directly to or from work.

11         (3)  A person who holds a driver's license who is 17

12  years of age, when operating a motor vehicle after 1 a.m. and

13  before 5 a.m., must be accompanied by a driver who holds a

14  valid license to operate the type of vehicle being operated,

15  and is at least 21 years of age unless that person is driving

16  directly to or from work.

17         (4)  A person who holds a driver's license and who is

18  under 18 years of age may not transport more than one

19  passenger younger than 18 years of age.

20         (5)(4)  The department may, upon receiving satisfactory

21  evidence of any violation of the restriction upon such a

22  license, except a violation of paragraph (1)(d), subsection

23  (2), or subsection (3), suspend or revoke the license, but the

24  licensee is entitled to a hearing as upon a suspension or

25  revocation under this chapter.

26         (6)(5)  It is a misdemeanor of the second degree,

27  punishable as provided in s. 775.082 or s. 775.083, for any

28  person to operate a motor vehicle in any manner in violation

29  of the restrictions imposed in a license issued to him or her

30  except for a violation of paragraph (1)(d), subsection (2), or

31  subsection (3).

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    Florida Senate - 1999                                  SB 1048
    29-1122-99                                              See HB




  1         (7)(6)  Any person who operates a motor vehicle in

  2  violation of the restrictions imposed in subsection (2), or

  3  subsection (3), or subsection (4) will be charged with a

  4  moving violation and fined in accordance with chapter 318.

  5         Section 3.  Subsection (1) of section 322.1615, Florida

  6  Statutes, is amended to read:

  7         322.1615  Learner's driver's license.--

  8         (1)  The department may issue a learner's driver's

  9  license to a person who is at least 16 15 years of age and

10  who:

11         (a)  Has passed the written examination for a learner's

12  driver's license;

13         (b)  Has passed the vision and hearing examination

14  administered under s. 322.12;

15         (c)  Has completed the traffic law and substance abuse

16  education course prescribed in s. 322.095; and

17         (d)  Meets all other requirements set forth in law and

18  by rule of the department.

19         Section 4.  Section 322.05, Florida Statutes, is

20  amended to read:

21         322.05  Persons not to be licensed.--The department may

22  not issue a license:

23         (1)  To a person who is under the age of 16 years,

24  except that the department may issue a learner's driver's

25  license to a person who is at least 15 years of age and who

26  meets the requirements of ss. 322.091 and 322.1615 and of any

27  other applicable law or rule.

28         (2)  To a person who is at least 16 years of age but is

29  under 18 years of age unless the person meets the requirements

30  of s. 322.091 and holds a valid:

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    Florida Senate - 1999                                  SB 1048
    29-1122-99                                              See HB




  1         (a)  Learner's driver's license for at least 6 months,

  2  with no traffic convictions or traffic crashes, before

  3  applying for a license; or

  4         (b)  License that was issued in another state or in a

  5  foreign jurisdiction and that would not be subject to

  6  suspension or revocation under the laws of this state.

  7         (3)  To a person who is at least 16 years of age but is

  8  under 18 years of age unless the person has completed an

  9  approved driver education course meeting the requirements of

10  s. 233.063.

11         (4)  To a person who is at least 16 years of age but is

12  under 18 years of age unless the parent, guardian, or other

13  responsible adult meeting the requirements of s. 322.09

14  certifies that he or she, or another licensed driver age 21 or

15  older, has accompanied the applicant for a total of not less

16  than 50 hours' behind-the-wheel experience, of which not less

17  than 10 hours must be at night.

18         (5)(3)  Except as provided by this subsection, to any

19  person, as a Class A licensee, Class B licensee, Class C

20  licensee, or Class D licensee, who is under the age of 18

21  years.  A person age 16 or 17 years who applies for a Class D

22  driver's license is subject to all the requirements and

23  provisions of ss. 322.09 and 322.16(2) and (3).  Any person

24  who applies for a Class D driver's license who is age 16 or 17

25  years must have had a learner's driver's license or a driver's

26  license for at least 90 days before he or she is eligible to

27  receive a Class D driver's license. The department may require

28  of any such applicant for a Class D driver's license such

29  examination of the qualifications of the applicant as the

30  department considers proper, and the department may limit the

31  use of any license granted as it considers proper.

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    Florida Senate - 1999                                  SB 1048
    29-1122-99                                              See HB




  1         (6)(4)  To any person whose license has been suspended,

  2  during such suspension, nor to any person whose license has

  3  been revoked, until the expiration of the period of revocation

  4  imposed under the provisions of this chapter.

  5         (7)(5)  To any person, as a commercial motor vehicle

  6  operator, whose privilege to operate a commercial motor

  7  vehicle has been disqualified, until the expiration of the

  8  period of disqualification.

  9         (8)(6)  To any person who is an habitual drunkard, or

10  is an habitual user of narcotic drugs, or is an habitual user

11  of any other drug to a degree which renders him or her

12  incapable of safely driving a motor vehicle.

13         (9)(7)  To any person who has been adjudged to be

14  afflicted with or suffering from any mental disability or

15  disease and who has not at the time of application been

16  restored to competency by the methods provided by law.

17         (10)(8)  To any person who is required by this chapter

18  to take an examination, unless such person shall have

19  successfully passed such examination.

20         (11)(9)  To any person, when the department has good

21  cause to believe that the operation of a motor vehicle on the

22  highways by such person would be detrimental to public safety

23  or welfare. Deafness alone shall not prevent the person

24  afflicted from being issued a Class D or Class E driver's

25  license.

26         (12)(10)  To any person who is ineligible under s.

27  322.056.

28         Section 5.  This act shall take effect July 1, 1999.

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31                       LEGISLATIVE SUMMARY

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1048
    29-1122-99                                              See HB




  1  Revises provisions relating to instruction in the operation of
    motor vehicles to require that courses offered by the district
  2  school board shall provide each student with a minimum of 30
    classroom hours of instruction and a minimum of 6 hours'
  3  experience in control of a motor vehicle under the supervision
    of a certified instructor.  Prohibits a person who holds a
  4  driver's license and who is under 18 years of age from
    transporting more than one passenger younger than 18 years of
  5  age.  Increases to age 16 the age required for the issuance of
    a learner's driver's license. Specifies additional persons who
  6  may not be licensed under described circumstances.  (See bill
    for details.)
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