1

A bill to be entitled

2

An act relating to driver licenses; amending s. 322.091,

3

F.S.; providing that a minor who is not in compliance with

4

certain education requirements is disqualified from

5

operating a motor vehicle until certain conditions are

6

met; providing for revocation of driving privileges and

7

driver's license or learner's driver's license;

8

prohibiting the Department of Highway Safety and Motor

9

Vehicles from issuing or reissuing a license to a person

10

who is disqualified from operating a motor vehicle;

11

providing for notification; providing procedures;

12

providing for hardship waivers; directing the department

13

to adopt rules for processing applications for waiver;

14

providing for verification of compliance; amending s.

15

1003.27, F.S.; revising terminology to specify that the

16

department shall revoke any previously issued driver's

17

license or learner's driver's license of a minor who is

18

not in compliance with specified education requirements;

19

providing an effective date.

20

21

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

22

23

     Section 1.  Section 322.091, Florida Statutes, is amended to

24

read:

25

     322.091  Attendance requirements.--

26

     (1)  ELIGIBILITY REQUIREMENTS FOR DRIVING PRIVILEGES.--

27

     (a) A minor is not eligible for driving privileges unless

28

that minor:

29

     1.(a) Is enrolled in a public school, nonpublic school, or

30

home education program and satisfies relevant attendance

31

requirements;

32

     2.(b) Has received a high school diploma, a high school

33

equivalency diploma, a special diploma, or a certificate of high

34

school completion;

35

     3.(c) Is enrolled in a study course in preparation for the

36

Test of General Educational Development and satisfies relevant

37

attendance requirements;

38

     4.(d) Is enrolled in other educational activities approved

39

by the district school board and satisfies relevant attendance

40

requirements;

41

     5.(e) Has been issued a certificate of exemption according

42

to s. 1003.21(3); or

43

     6.(f) Has received a hardship waiver under this section.

44

     (b) A minor who drops out of a public, nonpublic, or home

45

education program shall remain eligible for driving privileges

46

if, within 5 business days, the minor enrolls in a public,

47

nonpublic, or home education program, in a study course in

48

preparation for the Test of General Educational Development, or

49

in other educational activities approved by the district school

50

board, and satisfies relevant attendance requirements.

51

52

The department may not issue a driver's license or learner's

53

driver's license to, or shall suspend the driver's license or

54

learner's driver's license of, any minor concerning whom the

55

department receives notification of noncompliance with the

56

requirements of this section.

57

     (2) DISQUALIFICATION FROM OPERATING A MOTOR VEHICLE.--

58

     (a) A minor who is not in compliance with the requirements

59

of subsection (1) is disqualified from operating a motor vehicle.

60

The period of disqualification shall be until the person has

61

attained 19 years of age and has received a high school diploma,

62

a high school equivalency diploma, a special diploma, or a

63

certificate of high school completion.

64

     (b) Except as otherwise provided in this section, the

65

department shall revoke the driving privileges and driver's

66

license or learner's driver's license of any minor concerning

67

whom the department receives notification of noncompliance with

68

the requirements of this section. The department may not issue or

69

reissue a driver's license or learner's driver's license to any

70

person while that person is disqualified from operating a motor

71

vehicle under paragraph (a).

72

     (3)(2) NOTIFICATION OF INTENT TO REVOKE SUSPEND; PROCEDURES

73

SUSPENSION; RECORD OF NONCOMPLIANCE.--

74

     (a)  The department shall notify each minor for whom the

75

department has received notification of noncompliance with the

76

requirements of this section as provided in s. 1003.27, and the

77

minor's parent or guardian, of the department's intent to revoke

78

suspend the minor's driving privileges.

79

     (b) The minor, or the parent or guardian of the minor, may,

80

within has 15 calendar days after the date of receipt of the this

81

notice, to provide proof of compliance with the requirements of

82

this section as provided in subsection (5) (4) or, within 10

83

business days, to request a hardship waiver hearing under

84

subsection (4) (3).

85

     (c) Twenty days after the date of issuance of the this

86

notice under paragraph (a), the department shall revoke suspend

87

the minor's driver's operator's license or learner's driver's

88

license or record the legal name, sex, date of birth, and social

89

security number of the each minor if he or she who does not

90

possess a driver's license or learner's driver's license, unless

91

the minor has provided the department with verification of

92

compliance pursuant to paragraph (b) with the requirements of

93

subsection (1) or the appropriate school official has provided

94

the department with verification of a request for a waiver

95

hearing.

96

     (d)  Upon notification of the outcome of a hardship waiver

97

hearing, the department shall revoke suspend the driver's license

98

or learner's driver's license of a minor who was denied a

99

hardship waiver, or record the legal name, sex, date of birth,

100

and social security number of a minor who does not possess a

101

driver's license or learner's driver's license and who was denied

102

a hardship waiver.

103

     (e) Until the conditions of paragraph (2)(a) have been met,

104

the department may not issue or reissue a driver's license or

105

learner's driver's license to any person minor for whom it has a

106

record of noncompliance with the requirements of subsection (1)

107

unless the person is granted a hardship waiver under subsection

108

(4) or minor submits verification of compliance pursuant to

109

paragraph (b) subsection (4).

110

     (4)(3) HARDSHIP WAIVER AND APPEAL.--

111

     (a) A minor, or the parent or guardian of the a minor, may,

112

within 10 business has 15 calendar days after the date of receipt

113

of the notice of intent to revoke, suspend to request a hardship

114

waiver hearing before the public school principal, the

115

principal's designee, or the designee of the governing body of a

116

private school for the purpose of reviewing the pending

117

revocation suspension of driving privileges. The school official

118

receiving the request shall notify the department of the request

119

for a waiver hearing within 24 hours after receiving the request.

120

Public school officials shall also notify the district school

121

board of the request for a waiver hearing. The hearing must be

122

conducted within 30 calendar days after the public school

123

principal, the principal's designee, or the designee of the

124

governing body of a private school receives the request.

125

     (b)  The public school principal, the principal's designee,

126

or the designee of the governing body of a private school shall

127

waive the requirements of subsection (1) for any minor under the

128

school's jurisdiction when noncompliance with subsection (1) is

129

due to a personal or family hardship caused by an illness or

130

physical condition of the minor or a family member of the minor,

131

by an unstable living situation, or by any extreme condition or

132

circumstance or shall waive the requirements of subsection (1)

133

for any minor under the school's jurisdiction for whom a personal

134

or family hardship requires that the minor have a driver's

135

license for his or her own, or his or her family's, employment or

136

medical care. The minor or the minor's parent or guardian may

137

present other evidence that indicates compliance with the

138

requirements of subsection (1) at the waiver hearing. The public

139

school principal, the principal's designee, or the designee of

140

the governing body of a private school shall take into

141

consideration the recommendations of teachers, other school

142

officials, guidance counselors, or academic advisers before

143

waiving the requirements of subsection (1).

144

     (c)  The public school principal, the principal's designee,

145

or the designee of the governing body of a private school shall

146

notify the department of the outcome of a minor's hardship waiver

147

hearing within 24 hours after conducting the hearing. Public

148

school officials shall also notify the district school board of

149

the outcome of the hearing.

150

     (d)  Any person denied a hardship waiver by a public school

151

principal, the principal's designee, or the designee of the

152

governing body of a private school may appeal the decision to the

153

district school board or the governing body of the private

154

school. The district school board or the governing body of the

155

private school shall notify the department if the hardship waiver

156

is subsequently granted.

157

     (e) Any person denied a hardship waiver by the district

158

school board or the governing body of a private school may apply

159

to the department for a hardship waiver. If the department finds

160

that noncompliance with subsection (1) is due to a personal or

161

family hardship caused by an illness or physical condition of the

162

minor or a family member of the minor, by an unstable living

163

situation, or by any extreme condition or circumstance or if the

164

department finds that a personal or family hardship requires that

165

the minor have a driver's license for his or her own, or his or

166

her family's, employment or medical care, the department shall

167

waive the requirements of subsection (1). The department shall

168

adopt, by rule, procedures for processing applications for waiver

169

received under this paragraph.

170

     (5)(4) VERIFICATION OF COMPLIANCE AND REINSTATEMENT.--A

171

district school board shall provide a minor with written

172

verification that he or she is in compliance with the

173

requirements of subsection (1) if the district determines that

174

the minor he or she has been in compliance for 30 days prior to

175

the request for verification of compliance or that the minor has

176

enrolled in a program, study course, or approved educational

177

activity as provided in paragraph (1)(b). Upon receiving written

178

verification that the minor is again in compliance with the

179

requirements of subsection (1), the department shall reinstate

180

the minor's driving privilege. Thereafter, if the school district

181

determines that the minor is not in compliance with the

182

requirements of subsection (1), the department shall suspend the

183

minor's driving privilege until the minor is 18 years of age or

184

otherwise satisfies the requirements of subsection (1), whichever

185

occurs first.

186

     (6)(5) REPORTING AND ACCOUNTABILITY.--The department shall

187

report quarterly to each school district the legal name, sex,

188

date of birth, and social security number of each student whose

189

driving privileges have been revoked suspended under this

190

section.

191

     Section 2.  Paragraph (b) of subsection (2) of section

192

1003.27, Florida Statutes, is amended to read:

193

     1003.27  Court procedure and penalties.--The court procedure

194

and penalties for the enforcement of the provisions of this part,

195

relating to compulsory school attendance, shall be as follows:

196

     (2)  NONENROLLMENT AND NONATTENDANCE CASES.--

197

     (b)  Each public school principal or the principal's

198

designee shall notify the district school board of each minor

199

student under its jurisdiction who accumulates 15 unexcused

200

absences in a period of 90 calendar days. Each designee of the

201

governing body of each private school, and each parent whose

202

child is enrolled in a home education program, may provide the

203

Department of Highway Safety and Motor Vehicles with the legal

204

name, sex, date of birth, and social security number of each

205

minor student under his or her jurisdiction who fails to satisfy

206

relevant attendance requirements and who fails to otherwise

207

satisfy the requirements of s. 322.091. The district school

208

superintendent must provide the Department of Highway Safety and

209

Motor Vehicles the legal name, sex, date of birth, and social

210

security number of each minor student who has been reported under

211

this paragraph and who fails to otherwise satisfy the

212

requirements of s. 322.091. The Department of Highway Safety and

213

Motor Vehicles may not issue a driver's license or learner's

214

driver's license to, and shall revoke suspend any previously

215

issued driver's license or learner's driver's license of, any

216

such minor student, pursuant to the provisions of s. 322.091.

217

     Section 3.  This act shall take effect July 1, 2008.