| 1 | A bill to be entitled |
| 2 | An act relating to driving restrictions; amending s. |
| 3 | 322.05, F.S.; revising age restrictions on the issuance of |
| 4 | driver's licenses by the Department of Highway Safety and |
| 5 | Motor Vehicles; prohibiting issuance of a driver's license |
| 6 | to a person under a certain age unless driver education |
| 7 | requirements are met; amending s. 322.16, F.S.; |
| 8 | prohibiting a person under a certain age from operating a |
| 9 | motor vehicle with more than one passenger and from |
| 10 | operating a motor vehicle during certain times; providing |
| 11 | exceptions; providing penalties; amending s. 322.1615, |
| 12 | F.S.; revising age of eligibility for a learner's driver's |
| 13 | license; reenacting s. 318.14(1), F.S., relating to |
| 14 | noncriminal traffic infractions, to incorporate changes |
| 15 | made by the act in a reference; providing applicability; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 322.05, Florida Statutes, is amended to |
| 21 | read: |
| 22 | 322.05 Persons not to be licensed.--The department may not |
| 23 | issue a license: |
| 24 | (1) To a person who has not attained 17 is under the age |
| 25 | of 16 years of age, except that the department may issue a |
| 26 | learner's driver's license to a person who has attained 16 is at |
| 27 | least 15 years of age and who meets the requirements of ss. |
| 28 | 322.091 and 322.1615 and of any other applicable law or rule. |
| 29 | (2) To a person who has attained 17 is at least 16 years |
| 30 | of age but has not attained is under 18 years of age unless the |
| 31 | person meets the requirements of s. 322.091 and holds a valid: |
| 32 | (a) Learner's driver's license for at least 12 months, |
| 33 | with no moving traffic convictions, before applying for a |
| 34 | license; |
| 35 | (b) Learner's driver's license for at least 12 months and |
| 36 | who has a moving traffic conviction but elects to attend a |
| 37 | traffic driving school for which adjudication must be withheld |
| 38 | pursuant to s. 318.14; or |
| 39 | (c) License that was issued in another state or in a |
| 40 | foreign jurisdiction and that would not be subject to suspension |
| 41 | or revocation under the laws of this state. |
| 42 | (3) To a person who has attained 17 is at least 16 years |
| 43 | of age but has not attained who is under 18 years of age, |
| 44 | unless: |
| 45 | (a) The person has successfully completed a driver |
| 46 | education course with a curriculum established and approved by |
| 47 | the department that includes a minimum of 10 hours of driving |
| 48 | instruction; and |
| 49 | (b) The parent, guardian, or other responsible adult |
| 50 | meeting the requirements of s. 322.09 certifies that he or she, |
| 51 | or another licensed driver 21 years of age or older, has |
| 52 | accompanied the applicant for a total of not less than 50 hours' |
| 53 | behind-the-wheel experience, of which not less than 10 hours |
| 54 | must be at night. This paragraph subsection is not intended to |
| 55 | create a private cause of action as a result of the |
| 56 | certification. The certification is inadmissible for any purpose |
| 57 | in any civil proceeding. |
| 58 | (4) Except as provided by this subsection, to any person, |
| 59 | as a Class A licensee, Class B licensee, or Class C licensee, |
| 60 | who has not attained is under the age of 18 years of age. |
| 61 | (5) To any person whose license has been suspended, during |
| 62 | such suspension, nor to any person whose license has been |
| 63 | revoked, until the expiration of the period of revocation |
| 64 | imposed under the provisions of this chapter. |
| 65 | (6) To any person, as a commercial motor vehicle operator, |
| 66 | whose privilege to operate a commercial motor vehicle has been |
| 67 | disqualified, until the expiration of the period of |
| 68 | disqualification. |
| 69 | (7) To any person who is a an habitual drunkard, or is a |
| 70 | an habitual user of narcotic drugs, or is a an habitual user of |
| 71 | any other drug to a degree which renders him or her incapable of |
| 72 | safely driving a motor vehicle. |
| 73 | (8) To any person who has been adjudged to be afflicted |
| 74 | with or suffering from any mental disability or disease and who |
| 75 | has not at the time of application been restored to competency |
| 76 | by the methods provided by law. |
| 77 | (9) To any person who is required by this chapter to take |
| 78 | an examination, unless such person shall have successfully |
| 79 | passed such examination. |
| 80 | (10) To any person, when the department has good cause to |
| 81 | believe that the operation of a motor vehicle on the highways by |
| 82 | such person would be detrimental to public safety or welfare. |
| 83 | Deafness alone shall not prevent the person afflicted from being |
| 84 | issued a Class E driver's license. |
| 85 | (11) To any person who is ineligible under s. 322.056. |
| 86 | Section 2. Section 322.16, Florida Statutes, is amended to |
| 87 | read: |
| 88 | 322.16 License restrictions.-- |
| 89 | (1)(a) The department, upon issuing a driver's license, |
| 90 | may, whenever good cause appears, impose restrictions suitable |
| 91 | to the licensee's driving ability with respect to the type of |
| 92 | special mechanical control devices required on a motor vehicle |
| 93 | that the licensee may operate, including, but not limited to, |
| 94 | restricting the licensee to operating only vehicles equipped |
| 95 | with air brakes, or imposing upon the licensee such other |
| 96 | restrictions as the department determines are appropriate to |
| 97 | assure the safe operation of a motor vehicle by the licensee. |
| 98 | (b) The department may further impose other suitable |
| 99 | restrictions on use of the license with respect to time and |
| 100 | purpose of use, including, but not limited to, a restriction |
| 101 | providing for intrastate operation only, or may impose any other |
| 102 | condition or restriction that the department considers necessary |
| 103 | for driver improvement, safety, or control of drivers in this |
| 104 | state. |
| 105 | (c) The department may further, at any time, impose other |
| 106 | restrictions on the use of the license with respect to time and |
| 107 | purpose of use or may impose any other condition or restriction |
| 108 | upon recommendation of any court, of the Parole Commission, or |
| 109 | of the Department of Corrections with respect to any individual |
| 110 | who is under the jurisdiction, supervision, or control of the |
| 111 | entity that made the recommendation. |
| 112 | (d) The department may impose a restriction upon the use |
| 113 | of the license requiring that the licensee wear a medical |
| 114 | identification bracelet when operating a motor vehicle. Medical |
| 115 | identification bracelet restrictions must be coded on the |
| 116 | license of the restricted operator. There is no penalty for |
| 117 | violating this paragraph. |
| 118 | (2) A person who holds a driver's license and who has not |
| 119 | attained 18 is under 17 years of age, when operating a motor |
| 120 | vehicle after 11 p.m. and before 6 a.m., must be accompanied by |
| 121 | a driver who holds a valid license to operate the type of |
| 122 | vehicle being operated and is at least 21 years of age unless |
| 123 | that person is driving directly to or from work. |
| 124 | (3)(a) During the first 6 months after the date of his or |
| 125 | her licensure, a person who has not attained 18 years of age |
| 126 | shall not operate a motor vehicle with more than one passenger |
| 127 | in the motor vehicle unless accompanied by a driver who holds a |
| 128 | valid license to operate the type of vehicle being operated and |
| 129 | is at least 21 years of age. |
| 130 | (b) This subsection does not apply: |
| 131 | 1. To any passenger or passengers who are siblings or |
| 132 | children of the driver, whether related by whole or half blood, |
| 133 | by affinity, or by adoption. |
| 134 | 2. If the motor vehicle is being used for work purposes, |
| 135 | including, but not limited to, agricultural purposes. A person |
| 136 | who holds a driver's license who is 17 years of age, when |
| 137 | operating a motor vehicle after 1 a.m. and before 5 a.m., must |
| 138 | be accompanied by a driver who holds a valid license to operate |
| 139 | the type of vehicle being operated, and is at least 21 years of |
| 140 | age unless that person is driving directly to or from work. |
| 141 | (4) The department may, upon receiving satisfactory |
| 142 | evidence of any violation of the restriction upon such a |
| 143 | license, except a violation of paragraph (1)(d), subsection (2), |
| 144 | or subsection (3), suspend or revoke the license, but the |
| 145 | licensee is entitled to a hearing as upon a suspension or |
| 146 | revocation under this chapter. |
| 147 | (5) It is a misdemeanor of the second degree, punishable |
| 148 | as provided in s. 775.082 or s. 775.083, for any person to |
| 149 | operate a motor vehicle in any manner in violation of the |
| 150 | restrictions imposed in a license issued to him or her except |
| 151 | for a violation of paragraph (1)(d), subsection (2), or |
| 152 | subsection (3). |
| 153 | (6) Any person who operates a motor vehicle in violation |
| 154 | of the restrictions imposed in subsection (2) or subsection (3) |
| 155 | commits a noncriminal traffic infraction, punishable as will be |
| 156 | charged with a moving violation as provided in and fined in |
| 157 | accordance with chapter 318. |
| 158 | Section 3. Subsection (1) of section 322.1615, Florida |
| 159 | Statutes, is amended to read: |
| 160 | 322.1615 Learner's driver's license.-- |
| 161 | (1) The department may issue a learner's driver's license |
| 162 | to a person who is at least 16 15 years of age and who: |
| 163 | (a) Has passed the written examination for a learner's |
| 164 | driver's license; |
| 165 | (b) Has passed the vision and hearing examination |
| 166 | administered under s. 322.12; |
| 167 | (c) Has completed the traffic law and substance abuse |
| 168 | education course prescribed in s. 322.095; and |
| 169 | (d) Meets all other requirements set forth in law and by |
| 170 | rule of the department. |
| 171 | Section 4. For the purpose of incorporating the amendment |
| 172 | made by this act to section 322.16, Florida Statutes, in a |
| 173 | reference thereto, subsection (1) of section 318.14, Florida |
| 174 | Statutes, is reenacted to read: |
| 175 | 318.14 Noncriminal traffic infractions; exception; |
| 176 | procedures.-- |
| 177 | (1) Except as provided in ss. 318.17 and 320.07(3)(c), any |
| 178 | person cited for a violation of chapter 316, s. 320.0605, s. |
| 179 | 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or |
| 180 | (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with |
| 181 | a noncriminal infraction and must be cited for such an |
| 182 | infraction and cited to appear before an official. If another |
| 183 | person dies as a result of the noncriminal infraction, the |
| 184 | person cited may be required to perform 120 community service |
| 185 | hours under s. 316.027(4), in addition to any other penalties. |
| 186 | Section 5. The amendments made by this act to sections |
| 187 | 322.05 and 322.1615, Florida Statutes, shall apply to |
| 188 | applications for driver's licenses and applications for |
| 189 | learner's driver's licenses received on or after October 1, |
| 190 | 2009. |
| 191 | Section 6. This act shall take effect October 1, 2009. |