Florida Senate - 2008 SB 2678

By Senator Crist

12-02956A-08 20082678__

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A bill to be entitled

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An act relating to driver education; creating s. 322.093,

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F.S.; requiring that minors complete a driver education

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course prior to issuance of a driver's license; providing

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that the course may be given by a public secondary school,

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nonpublic school, or commercial driving school meeting

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specified requirements; requiring the school to issue a

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certificate to a student who successfully completes the

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course; amending s. 1003.48, F.S.; providing instruction

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and training requirements for driver education courses;

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providing for the use of certain funds; providing an

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effective date.

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

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     Section 1.  Section 322.093, Florida Statutes, is created to

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read:

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     322.093 Driver education for minors.--The department may

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not issue a driver's license to a person who has not attained 18

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years of age unless the person has successfully completed a

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driver education course of instruction in the operation of motor

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vehicles given by a public secondary school in compliance with s.

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1003.48, a nonpublic school meeting the standards prescribed

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under s. 1003.48, or a commercial driving school licensed under

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chapter 488. The school shall issue a certificate to each student

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who successfully completes the driver education course.

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     Section 2.  Section 1003.48, Florida Statutes, is amended to

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read:

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     1003.48  Instruction in operation of motor vehicles.--

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     (1)  A course of study and instruction in the safe and

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lawful operation of a motor vehicle shall be made available by

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each district school board to students in the secondary schools

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in the state. As used in this section, the term "motor vehicle"

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shall have the same meaning as in s. 320.01(1)(a) and shall

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include motorcycles and mopeds. The course must include classroom

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instruction and behind-the-wheel training, except that

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instruction in motorcycle or moped operation may be limited to

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classroom instruction. The course shall not be made a part of, or

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a substitute for, any of the minimum requirements for graduation.

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     (2)  In order to make such a course available to any

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secondary school student, the district school board may use any

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one of the following procedures or any combination thereof:

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     (a)  Utilize instructional personnel employed by the

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district school board.

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     (b)  Contract with a commercial driving school licensed

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under the provisions of chapter 488.

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     (c)  Contract with an instructor certified under the

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provisions of chapter 488.

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     (3)(a)  District school boards shall earn funds on full-time

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equivalent students at the appropriate basic program cost factor,

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regardless of the method by which such courses are offered.

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     (b)  For the purpose of financing the Driver Education

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Program in the secondary schools, there shall be levied an

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additional 50 cents per year to the driver's license fee required

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by s. 322.21. The additional fee shall be promptly remitted to

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the Department of Highway Safety and Motor Vehicles, which shall

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transmit the fee to the Chief Financial Officer to be deposited

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in the General Revenue Fund.

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     (c) A board of county commissioners may use funds received

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pursuant to s. 318.1215 to supplement funds for driver education

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courses in public and nonpublic schools as provided in s.

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318.1215.

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     (4)  The district school board shall prescribe standards for

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the course required by this section and for instructional

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personnel directly employed by the district school board. Any

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certified instructor or licensed commercial driving school shall

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be deemed sufficiently qualified and shall not be required to

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meet any standards in lieu of or in addition to those prescribed

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under chapter 488.

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

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