| 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 | 
  | 
| 18 | Be It Enacted by the Legislature of the State of Florida: | 
| 19 | 
  | 
| 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. |