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.