CS/HB 1299

1
A bill to be entitled
2An act relating to driver education; providing a short
3title; creating s. 322.093, F.S.; providing that the
4Department of Highway Safety and Motor Vehicles may not
5issue a driver's license to a minor unless the minor has
6successfully completed a specified driver education
7course; specifying nonapplication to distribution of
8certain funds; providing for issuance of a certificate for
9successful course completion; amending s. 1003.48, F.S.;
10providing requirements for a school district course of
11instruction in the operation of motor vehicles; requiring
12the Commissioner of Education to prescribe standards and
13curriculum requirements; requiring certified instructors
14or commercial driving schools offering the course to meet
15the standards and requirements; providing for a restricted
16driver's permit under certain circumstances; providing an
17effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  This act may be cited as "Tyler's Bill for
22Driver Education."
23     Section 2.  Section 322.093, Florida Statutes, is created
24to read:
25     322.093  Driver education for minors.--Notwithstanding any
26other provision of law, the department may not issue a driver's
27license to a person who has not attained 18 years of age unless
28the person has successfully completed a driver education course
29of instruction in the operation of motor vehicles given by a
30public secondary school in compliance with s. 1003.48, a
31nonpublic school meeting the standards prescribed under s.
321003.48, or a commercial driving school licensed under chapter
33488. However, nothing in this section shall alter the
34distribution of funds pursuant to s. 318.1215. The school shall
35issue a certificate to each student who successfully completes
36the driver education course.
37     Section 3.  Section 1003.48, Florida Statutes, is amended
38to read:
39     1003.48  Instruction in operation of motor vehicles.--
40     (1)  A course of study and instruction in the safe and
41lawful operation of a motor vehicle shall be made available by
42each district school board to students in the secondary schools
43in the state. As used in this section, the term "motor vehicle"
44shall have the same meaning as in s. 320.01(1)(a) and shall
45include motorcycles and mopeds. The course must include
46classroom or virtual instruction and behind-the-wheel training,
47which may include use of a simulator, except that instruction in
48motorcycle or moped operation may be limited to classroom
49instruction. The course shall not be made a part of, or a
50substitute for, any of the minimum requirements for graduation.
51     (2)  In order to make such a course available to any
52secondary school student, the district school board may use any
53one of the following procedures or any combination thereof:
54     (a)  Utilize instructional personnel employed by the
55district school board.
56     (b)  Contract with a commercial driving school licensed
57under the provisions of chapter 488.
58     (c)  Contract with an instructor certified under the
59provisions of chapter 488.
60     (3)(a)  District school boards shall earn funds on full-
61time equivalent students at the appropriate basic program cost
62factor, regardless of the method by which such courses are
63offered.
64     (b)  For the purpose of financing the driver education
65program in the secondary schools, there shall be levied an
66additional 50 cents per year to the driver's license fee
67required by s. 322.21. The additional fee shall be promptly
68remitted to the Department of Highway Safety and Motor Vehicles,
69which shall transmit the fee to the Chief Financial Officer to
70be deposited in the General Revenue Fund.
71     (4)  The Commissioner of Education district school board
72shall prescribe standards and curriculum requirements for the
73course required by this section and for instructional personnel
74directly employed by the district school board. Notwithstanding
75any other provision of law, any certified instructor or licensed
76commercial driving school offering the course pursuant to
77subsection (2) shall be deemed sufficiently qualified and shall
78not be required to meet the standards and curriculum
79requirements prescribed for the course any standards in lieu of
80or in addition to those prescribed under chapter 488.
81     (5)  Any student under 18 years of age who has not
82satisfactorily completed the course required under this section
83shall have a restriction placed on his or her driver's permit.
84The student shall be restricted when operating a motor vehicle
85to having one passenger in the motor vehicle unless the student
86is accompanied by a driver who holds a valid license to operate
87a motor vehicle and who is at least 21 years of age.
88     Section 4.  This act shall take effect March 1, 2009.


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