Senate Bill sb1852

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1852

    By Senator Saunders





    37-1625-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to driver's licenses; creating

  3         the "Mature Drivers Act"; amending s. 322.05,

  4         F.S.; revising age requirements for issuance of

  5         driver's licenses; amending ss. 322.126 and

  6         322.161, F.S., relating to reporting of

  7         licensed driver's or applicant's mental or

  8         physical disability to drive or need to obtain

  9         or wear a medical identification bracelet and

10         restriction of the driving privilege of a

11         person who has accumulated six or more points

12         within a 12-month period; conforming provisions

13         to changes made by the act; amending s.

14         322.1615, F.S.; revising age requirements for

15         issuance of learner's driver's licenses;

16         providing an 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.  This act may be cited as the "Mature

21  Drivers Act."

22         Section 2.  Subsections (1), (2), and (3) of section

23  322.05, Florida Statutes, are amended to read:

24         322.05  Persons not to be licensed.--The department may

25  not issue a license:

26         (1)  To a person who has not attained 17 years of age

27  is under the age of 16 years, except that the department may

28  issue a learner's driver's license to a person who is at least

29  16 15 years of age and who meets the requirements of ss.

30  322.091 and 322.1615 and of any other applicable law or rule.

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    Florida Senate - 2006                                  SB 1852
    37-1625-06                                              See HB




 1         (2)  To a person who is at least 17 16 years of age but

 2  who has not attained is under 18 years of age unless the

 3  person meets the requirements of s. 322.091 and holds a valid:

 4         (a)  Learner's driver's license for at least 12 months,

 5  with no traffic convictions, before applying for a license;

 6         (b)  Learner's driver's license for at least 12 months

 7  and who has a traffic conviction but elects to attend a

 8  traffic driving school for which adjudication must be withheld

 9  pursuant to s. 318.14; or

10         (c)  License that was issued in another state or in a

11  foreign jurisdiction and that would not be subject to

12  suspension or revocation under the laws of this state.

13         (3)  To a person who is at least 17 16 years of age but

14  who has not attained is under 18 years of age, unless the

15  parent, guardian, or other responsible adult meeting the

16  requirements of s. 322.09 certifies that he or she, or another

17  licensed driver 21 years of age or older, has accompanied the

18  applicant for a total of not less than 50 hours of hours'

19  behind-the-wheel experience, of which not less than 10 hours

20  must be at night. This subsection is not intended to create a

21  private cause of action as a result of the certification. The

22  certification is inadmissible for any purpose in any civil

23  proceeding.

24         Section 3.  Subsection (2) of section 322.126, Florida

25  Statutes, is amended to read:

26         322.126  Report of disability to department; content;

27  use.--

28         (2)  Any physician, person, or agency having knowledge

29  of any licensed driver's or applicant's mental or physical

30  disability to drive or need to obtain or to wear a medical

31  identification bracelet is authorized to report such knowledge

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    Florida Senate - 2006                                  SB 1852
    37-1625-06                                              See HB




 1  to the Department of Highway Safety and Motor Vehicles. The

 2  report should be made in writing giving the full name, date of

 3  birth, address, and a description of the alleged disability of

 4  any person who is at least 16 over 15 years of age having

 5  mental or physical disorders that could affect his or her

 6  driving ability.

 7         Section 4.  Subsection (1) of section 322.161, Florida

 8  Statutes, is amended to read:

 9         322.161  High-risk drivers; restricted licenses.--

10         (1)(a)  Notwithstanding any provision of law to the

11  contrary, the department shall restrict the driving privilege

12  of any Class E licensee who is 16 or age 15 through 17 years

13  of age and who has accumulated six or more points pursuant to

14  s. 318.14, excluding parking violations, within a 12-month

15  period.

16         (b)  Upon determination that any person has accumulated

17  six or more points, the department shall notify the licensee

18  and issue the licensee a restricted license for business

19  purposes only. The licensee must appear before the department

20  within 10 days after notification to have this restriction

21  applied. The period of restriction shall be for a period of no

22  less than 1 year beginning on the date it is applied by the

23  department.

24         (c)  The restriction shall be automatically withdrawn

25  by the department after 1 year if the licensee does not

26  accumulate any additional points. If the licensee accumulates

27  any additional points, then the period of restriction shall be

28  extended 90 days for each point. The restriction shall also be

29  automatically withdrawn upon the licensee's 18th birthday if

30  no other grounds for restriction exist. The licensee must

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    Florida Senate - 2006                                  SB 1852
    37-1625-06                                              See HB




 1  appear before the department to have the restriction removed

 2  and a duplicate license issued.

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

 4  Statutes, is amended to read:

 5         322.1615  Learner's driver's license.--

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

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

 8  who:

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

10  driver's license;

11         (b)  Has passed the vision and hearing examination

12  administered under s. 322.12;

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

14  education course prescribed in s. 322.095; and

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

16  by rule of the department.

17         Section 6.  This act shall take effect July 1, 2006.

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