Florida Senate - 2009                                     SB 402
       
       
       
       By Senator Sobel
       
       
       
       
       31-00441-09                                            2009402__
    1                        A bill to be entitled                      
    2         An act relating to teen drivers; amending s. 322.05,
    3         F.S.; revising the age by which a person may receive a
    4         driver's license or driver's learner's license;
    5         requiring that a person younger than a certain age
    6         provide proof of completing a driver's education
    7         course that includes a minimum of 10 hours of driving
    8         instruction provided by a state-licensed driver’s
    9         education school before receiving a license; amending
   10         s. 322.16, F.S.; restricting the number of passengers
   11         permitted in a motor vehicle operated by a person
   12         younger than a certain age unless the person is
   13         accompanied by a parent or guardian; providing
   14         exceptions; providing for penalties; amending s.
   15         322.1615, F.S.; conforming provisions to changes made
   16         by the act; reenacting s. 318.14(1), F.S., relating to
   17         noncriminal traffic infractions, to incorporate
   18         amendments to s. 322.16, F.S., in a reference thereto;
   19         providing effective dates.
   20         
   21  Be It Enacted by the Legislature of the State of Florida:
   22         
   23         Section 1. Subsections (1), (2), (3), (4), and (7) of
   24  section 322.05, Florida Statutes, are amended to read:
   25         322.05 Persons not to be licensed.—The department may not
   26  issue a license:
   27         (1) To a person who has not attained 17 is under the age of
   28  16 years of age, except that the department may issue a
   29  learner's driver's license to a person who has attained 16 is at
   30  least 15 years of age and who meets the requirements of ss.
   31  322.091 and 322.1615 and of any other applicable law or rule.
   32         (2) To a person who has attained 17 is at least 16 years of
   33  age but has not attained is under 18 years of age unless the
   34  person meets the requirements of s. 322.091 and holds a valid:
   35         (a) Learner's driver's license for at least 12 months, with
   36  no moving traffic convictions, before applying for a license;
   37         (b) Learner's driver's license for at least 12 months and
   38  who has a moving traffic conviction but elects to attend a
   39  traffic driving school for which adjudication must be withheld
   40  pursuant to s. 318.14; or
   41         (c) License that was issued in another state or in a
   42  foreign jurisdiction and that would not be subject to suspension
   43  or revocation under the laws of this state.
   44         (3) To a person who has attained 17 is at least 16 years of
   45  age but has not attained who is under 18 years of age, unless:
   46         (a)The person provides proof of successfully completing a
   47  driver's education course that includes a minimum of 10 hours of
   48  driving instruction provided by a state-licensed driver’s
   49  education school; and
   50         (b) The parent, guardian, or other responsible adult
   51  meeting the requirements of s. 322.09 certifies that he or she,
   52  or another licensed driver 21 years of age or older, has
   53  accompanied the applicant for a total of not less than 50 hours'
   54  behind-the-wheel experience, of which not less than 10 hours
   55  must be at night. This paragraph subsection is not intended to
   56  create a private cause of action as a result of the
   57  certification. The certification is inadmissible for any purpose
   58  in any civil proceeding.
   59         (4) Except as provided by this subsection, to any person,
   60  as a Class A licensee, Class B licensee, or Class C licensee,
   61  who has not attained is under the age of 18 years of age.
   62         (7) To any person who is a an habitual drunkard, or is a an
   63  habitual user of narcotic drugs, or is a an habitual user of any
   64  other drug to a degree which renders him or her incapable of
   65  safely driving a motor vehicle.
   66         Section 2. Effective October 1, 2009, subsections (2), (3),
   67  and (6) of section 322.16, Florida Statutes, are amended to
   68  read:
   69         322.16 License restrictions.—
   70         (2) A person who holds a driver's license and who has not
   71  attained 18 is under 17 years of age, when operating a motor
   72  vehicle after 11 p.m. and before 6 a.m., must be accompanied by
   73  a driver who holds a valid license to operate the type of
   74  vehicle being operated and is at least 21 years of age unless
   75  that person is driving directly to or from work.
   76         (3)(a)During the first 6 months after the date of
   77  receiving a license, a person who has not attained 18 years of
   78  age may not operate a motor vehicle containing more than one
   79  passenger unless the person is accompanied by his or her parent
   80  or guardian.
   81         (b)This subsection does not apply:
   82         1.To any passenger or passengers who are siblings or
   83  children of the driver, whether related by whole or half blood,
   84  by affinity, or by adoption; or
   85         2.If the motor vehicle is being used for agricultural
   86  purposes. A person who holds a driver's license who is 17 years
   87  of age, when operating a motor vehicle after 1 a.m. and before 5
   88  a.m., must be accompanied by a driver who holds a valid license
   89  to operate the type of vehicle being operated, and is at least
   90  21 years of age unless that person is driving directly to or
   91  from work.
   92         (6) Any person who operates a motor vehicle in violation of
   93  the restrictions imposed in subsection (2) or subsection (3)
   94  commits a noncriminal traffic infraction punishable as will be
   95  charged with a moving violation as provided in and fined in
   96  accordance with chapter 318.
   97         Section 3. Subsection (1) of section 322.1615, Florida
   98  Statutes, is amended to read:
   99         322.1615 Learner's driver's license.—
  100         (1) The department may issue a learner's driver's license
  101  to a person who is at least 16 15 years of age and who:
  102         (a) Has passed the written examination for a learner's
  103  driver's license;
  104         (b) Has passed the vision and hearing examination
  105  administered under s. 322.12;
  106         (c) Has completed the traffic law and substance abuse
  107  education course prescribed in s. 322.095; and
  108         (d) Meets all other requirements set forth in law and by
  109  rule of the department.
  110         Section 4. Effective October 1, 2009, for the purpose of
  111  incorporating the amendments made by this act to section 322.16,
  112  Florida Statutes, in a reference thereto, subsection (1) of
  113  section 318.14, Florida Statutes, is reenacted to read:
  114         318.14 Noncriminal traffic infractions; exception;
  115  procedures.—
  116         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
  117  person cited for a violation of chapter 316, s. 320.0605, s.
  118  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
  119  (3), s. 322.161(5), s. 322.19, or s. 1006.66(3) is charged with
  120  a noncriminal infraction and must be cited for such an
  121  infraction and cited to appear before an official. If another
  122  person dies as a result of the noncriminal infraction, the
  123  person cited may be required to perform 120 community service
  124  hours under s. 316.027(4), in addition to any other penalties.
  125         Section 5. Except as otherwise expressly provided in this
  126  act, this act shall take effect July 1, 2009.