HB 139

1
A bill to be entitled
2An act relating to driving restrictions; amending s.
3322.05, F.S.; revising age restrictions on the issuance of
4driver's licenses by the Department of Highway Safety and
5Motor Vehicles; prohibiting issuance of a driver's license
6to a person under a certain age unless driver education
7requirements are met; amending s. 322.16, F.S.;
8prohibiting a person under a certain age from operating a
9motor vehicle with more than one passenger and from
10operating a motor vehicle during certain times; providing
11exceptions; providing penalties; amending s. 322.1615,
12F.S.; revising age of eligibility for a learner's driver's
13license; reenacting s. 318.14(1), F.S., relating to
14noncriminal traffic infractions, to incorporate changes
15made by the act in a reference; providing applicability;
16providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 322.05, Florida Statutes, is amended to
21read:
22     322.05  Persons not to be licensed.--The department may not
23issue a license:
24     (1)  To a person who has not attained 17 is under the age
25of 16 years of age, except that the department may issue a
26learner's driver's license to a person who has attained 16 is at
27least 15 years of age and who meets the requirements of ss.
28322.091 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
30of age but has not attained is under 18 years of age unless the
31person meets the requirements of s. 322.091 and holds a valid:
32     (a)  Learner's driver's license for at least 12 months,
33with no moving traffic convictions, before applying for a
34license;
35     (b)  Learner's driver's license for at least 12 months and
36who has a moving traffic conviction but elects to attend a
37traffic driving school for which adjudication must be withheld
38pursuant to s. 318.14; or
39     (c)  License that was issued in another state or in a
40foreign jurisdiction and that would not be subject to suspension
41or revocation under the laws of this state.
42     (3)  To a person who has attained 17 is at least 16 years
43of age but has not attained who is under 18 years of age,
44unless:
45     (a)  The person has successfully completed a driver
46education course with a curriculum established and approved by
47the department that includes a minimum of 10 hours of driving
48instruction; and
49     (b)  The parent, guardian, or other responsible adult
50meeting the requirements of s. 322.09 certifies that he or she,
51or another licensed driver 21 years of age or older, has
52accompanied the applicant for a total of not less than 50 hours'
53behind-the-wheel experience, of which not less than 10 hours
54must be at night. This paragraph subsection is not intended to
55create a private cause of action as a result of the
56certification. The certification is inadmissible for any purpose
57in any civil proceeding.
58     (4)  Except as provided by this subsection, to any person,
59as a Class A licensee, Class B licensee, or Class C licensee,
60who has not attained is under the age of 18 years of age.
61     (5)  To any person whose license has been suspended, during
62such suspension, nor to any person whose license has been
63revoked, until the expiration of the period of revocation
64imposed under the provisions of this chapter.
65     (6)  To any person, as a commercial motor vehicle operator,
66whose privilege to operate a commercial motor vehicle has been
67disqualified, until the expiration of the period of
68disqualification.
69     (7)  To any person who is a an habitual drunkard, or is a
70an habitual user of narcotic drugs, or is a an habitual user of
71any other drug to a degree which renders him or her incapable of
72safely driving a motor vehicle.
73     (8)  To any person who has been adjudged to be afflicted
74with or suffering from any mental disability or disease and who
75has not at the time of application been restored to competency
76by the methods provided by law.
77     (9)  To any person who is required by this chapter to take
78an examination, unless such person shall have successfully
79passed such examination.
80     (10)  To any person, when the department has good cause to
81believe that the operation of a motor vehicle on the highways by
82such person would be detrimental to public safety or welfare.
83Deafness alone shall not prevent the person afflicted from being
84issued 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
87read:
88     322.16  License restrictions.--
89     (1)(a)  The department, upon issuing a driver's license,
90may, whenever good cause appears, impose restrictions suitable
91to the licensee's driving ability with respect to the type of
92special mechanical control devices required on a motor vehicle
93that the licensee may operate, including, but not limited to,
94restricting the licensee to operating only vehicles equipped
95with air brakes, or imposing upon the licensee such other
96restrictions as the department determines are appropriate to
97assure the safe operation of a motor vehicle by the licensee.
98     (b)  The department may further impose other suitable
99restrictions on use of the license with respect to time and
100purpose of use, including, but not limited to, a restriction
101providing for intrastate operation only, or may impose any other
102condition or restriction that the department considers necessary
103for driver improvement, safety, or control of drivers in this
104state.
105     (c)  The department may further, at any time, impose other
106restrictions on the use of the license with respect to time and
107purpose of use or may impose any other condition or restriction
108upon recommendation of any court, of the Parole Commission, or
109of the Department of Corrections with respect to any individual
110who is under the jurisdiction, supervision, or control of the
111entity that made the recommendation.
112     (d)  The department may impose a restriction upon the use
113of the license requiring that the licensee wear a medical
114identification bracelet when operating a motor vehicle. Medical
115identification bracelet restrictions must be coded on the
116license of the restricted operator. There is no penalty for
117violating this paragraph.
118     (2)  A person who holds a driver's license and who has not
119attained 18 is under 17 years of age, when operating a motor
120vehicle after 11 p.m. and before 6 a.m., must be accompanied by
121a driver who holds a valid license to operate the type of
122vehicle being operated and is at least 21 years of age unless
123that person is driving directly to or from work.
124     (3)(a)  During the first 6 months after the date of his or
125her licensure, a person who has not attained 18 years of age
126shall not operate a motor vehicle with more than one passenger
127in the motor vehicle unless accompanied by a driver who holds a
128valid license to operate the type of vehicle being operated and
129is at least 21 years of age.
130     (b)  This subsection does not apply:
131     1.  To any passenger or passengers who are siblings or
132children of the driver, whether related by whole or half blood,
133by affinity, or by adoption.
134     2.  If the motor vehicle is being used for work purposes,
135including, but not limited to, agricultural purposes. A person
136who holds a driver's license who is 17 years of age, when
137operating a motor vehicle after 1 a.m. and before 5 a.m., must
138be accompanied by a driver who holds a valid license to operate
139the type of vehicle being operated, and is at least 21 years of
140age unless that person is driving directly to or from work.
141     (4)  The department may, upon receiving satisfactory
142evidence of any violation of the restriction upon such a
143license, except a violation of paragraph (1)(d), subsection (2),
144or subsection (3), suspend or revoke the license, but the
145licensee is entitled to a hearing as upon a suspension or
146revocation under this chapter.
147     (5)  It is a misdemeanor of the second degree, punishable
148as provided in s. 775.082 or s. 775.083, for any person to
149operate a motor vehicle in any manner in violation of the
150restrictions imposed in a license issued to him or her except
151for a violation of paragraph (1)(d), subsection (2), or
152subsection (3).
153     (6)  Any person who operates a motor vehicle in violation
154of the restrictions imposed in subsection (2) or subsection (3)
155commits a noncriminal traffic infraction, punishable as will be
156charged with a moving violation as provided in and fined in
157accordance with chapter 318.
158     Section 3.  Subsection (1) of section 322.1615, Florida
159Statutes, is amended to read:
160     322.1615  Learner's driver's license.--
161     (1)  The department may issue a learner's driver's license
162to a person who is at least 16 15 years of age and who:
163     (a)  Has passed the written examination for a learner's
164driver's license;
165     (b)  Has passed the vision and hearing examination
166administered under s. 322.12;
167     (c)  Has completed the traffic law and substance abuse
168education course prescribed in s. 322.095; and
169     (d)  Meets all other requirements set forth in law and by
170rule of the department.
171     Section 4.  For the purpose of incorporating the amendment
172made by this act to section 322.16, Florida Statutes, in a
173reference thereto, subsection (1) of section 318.14, Florida
174Statutes, is reenacted to read:
175     318.14  Noncriminal traffic infractions; exception;
176procedures.--
177     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
178person cited for a violation of chapter 316, s. 320.0605, s.
179320.07(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
181a noncriminal infraction and must be cited for such an
182infraction and cited to appear before an official. If another
183person dies as a result of the noncriminal infraction, the
184person cited may be required to perform 120 community service
185hours under s. 316.027(4), in addition to any other penalties.
186     Section 5.  The amendments made by this act to sections
187322.05 and 322.1615, Florida Statutes, shall apply to
188applications for driver's licenses and applications for
189learner's driver's licenses received on or after October 1,
1902009.
191     Section 6.  This act shall take effect October 1, 2009.


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