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. |