Senate Bill 1048c1

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



    Florida Senate - 1999                           CS for SB 1048

    By the Committee on Transportation and Senator Geller





    306-2209-99

  1                      A bill to be entitled

  2         An act relating to teenage driver education;

  3         amending s. 322.05, F.S.; providing certain

  4         persons may not be issued a driver's license;

  5         authorizing a board of county commissioners to

  6         require by ordinance that a specified amount be

  7         withheld from each civil fine to be used to

  8         fund traffic education and awareness programs;

  9         providing an effective date.

10

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

12

13         Section 1.  Section 322.05, Florida Statutes, is

14  amended to read:

15         322.05  Persons not to be licensed.--The department may

16  not issue a license:

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

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

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

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

21  other applicable law or rule.

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

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

24  of s. 322.091 and holds a valid:

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

26  with no traffic convictions or traffic crashes, before

27  applying for a license; or

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

29  foreign jurisdiction and that would not be subject to

30  suspension or revocation under the laws of this state.

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






    Florida Senate - 1999                           CS for SB 1048
    306-2209-99




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

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

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

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

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

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

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

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

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

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

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

12  examination of the qualifications of the applicant as the

13  department considers proper, and the department may limit the

14  use of any license granted as it considers proper.

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

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

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

18  imposed under the provisions of this chapter.

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

20  operator, whose privilege to operate a commercial motor

21  vehicle has been disqualified, until the expiration of the

22  period of disqualification.

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

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

25  any other drug to a degree which renders him or her incapable

26  of safely driving a motor vehicle.

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

28  afflicted with or suffering from any mental disability or

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

30  restored to competency by the methods provided by law.

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






    Florida Senate - 1999                           CS for SB 1048
    306-2209-99




  1         (8)  To any person who is required by this chapter to

  2  take an examination, unless such person shall have

  3  successfully passed such examination.

  4         (9)  To any person, when the department has good cause

  5  to believe that the operation of a motor vehicle on the

  6  highways by such person would be detrimental to public safety

  7  or welfare. Deafness alone shall not prevent the person

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

  9  license.

10         (10)  To any person who is ineligible under s. 322.056.

11         Section 2.  A board of county commissioners may require

12  that the clerk of the court withhold $2 from each civil

13  penalty, which shall be used to fund traffic education and

14  awareness programs. The ordinance shall provide for the board

15  of county commissioners to administer the funds or shall

16  designate local safety groups or schools to receive and

17  administer the funds.

18         Section 3.  This act shall take effect July 1, 1999.

19

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                             SB 1048

22

23  The CS deletes a provision relating to driver education course
    curricula.
24
    The CS deletes a provision limiting the number of passengers a
25  licensed driver under 18 years of age could transport.

26  The CS deletes a provision that a person must be 16 years old
    in order to obtain a learner's driver's license
27
    The CS authorizes a county commission to direct the clerk of
28  the court to withhold $2 from each civil penalty to fund
    traffic education and awareness programs.  Such a local
29  ordinance must provide for the board of county commissioners
    to administer the funds or designate local safety groups or
30  schools to receive and administer the funds.

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