Senate Bill sb1274e1

    CS for SB 1274                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         322.09, F.S.; providing that a foster parent or

  4         a group-home representative who signs an

  5         application for a learner's driver's license

  6         for a minor who is in foster care is not, by

  7         reason of having signed the application,

  8         assuming any obligation or liability for any

  9         damages caused by the minor; creating s.

10         627.746, F.S.; prohibiting insurers that issue

11         insurance policies for private passenger

12         automobiles from charging an additional premium

13         for a minor who operates his or her parent's

14         vehicle, during the time that the minor has a

15         learner's driver's license; providing an

16         effective date.

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

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20         Section 1.  Section 322.09, Florida Statutes, is

21  amended to read:

22         322.09  Application of minors.--

23         (1)(a)  The application of any person under the age of

24  18 years for a driver's license must be signed and verified

25  before a person authorized to administer oaths by the father,

26  mother, or guardian, or, if there is no parent or guardian, by

27  another responsible adult who is willing to assume the

28  obligation imposed under this chapter upon a person signing

29  the application of a minor.  This section does not apply to a

30  person under the age of 18 years who is emancipated by

31  marriage.


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    CS for SB 1274                           First Engrossed (ntc)



  1         (b)  There shall be submitted with each application a

  2  certified copy of a United States birth certificate, a valid

  3  United States passport, an alien registration receipt card

  4  (green card), an employment authorization card issued by the

  5  United States Department of Justice, or proof of nonimmigrant

  6  classification provided by the United States Department of

  7  Justice, for an original license.

  8         (2)  Any negligence or willful misconduct of a minor

  9  under the age of 18 years when driving a motor vehicle upon a

10  highway shall be imputed to the person  who has signed the

11  application of such minor for a permit or license, which

12  person shall be jointly and severally liable with such minor

13  for any damages caused by such negligence or willful

14  misconduct.

15         (3)  The department may not issue a driver's license or

16  learner's driver's license to any applicant under the age of

17  18 years who is not in compliance with the requirements of s.

18  322.091.

19         (4)  Notwithstanding the provisions of subsections (1)

20  and (2), if a foster parent of a minor who is under the age of

21  18 years and is in foster care as defined in s. 39.01, or an

22  authorized representative of a residential group home at which

23  such a minor resides, signs the minor's application for a

24  learner's driver's license, that foster parent or group-home

25  representative does not assume any obligation or become liable

26  for any damages caused by the negligence or willful misconduct

27  of the minor, by reason of having signed the application.

28         Section 2.  Section 627.746, Florida Statutes, is

29  created to read:

30         627.746  Coverage for minors who have a learner's

31  driver's license; additional premium prohibited.--An insurer


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    CS for SB 1274                           First Engrossed (ntc)



  1  that issues an insurance policy on a private passenger motor

  2  vehicle to a named insured who is a foster parent of a minor

  3  child may not charge an additional premium for coverage of the

  4  minor child while the child is operating the insured vehicle,

  5  for the period of time that the minor has a learner's driver's

  6  license, until such time as the minor obtains a driver's

  7  license.

  8         Section 3.  This act shall take effect July 1, 2001,

  9  and section 627.746, Florida Statutes, as created by this act,

10  shall apply to insurance policies that are issued or renewed

11  on or after that date.

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