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 17is under the age of2816years of age, except that the department may issue a 29 learner's driver's license to a person who has attained 16is at30least 15years 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 17is at least 16years of 33 age but has not attainedis under18 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 17is at least 16years of 45 age but has not attainedwho is under18 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 paragraphsubsectionis 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 attainedis under the age of18 years of age. 62 (7) To any person who is aanhabitual drunkard, or is aan63 habitual user of narcotic drugs, or is aanhabitual 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 18is under 17years 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 years87of age, when operating a motor vehicle after 1 a.m. and before 588a.m., must be accompanied by a driver who holds a valid license89to operate the type of vehicle being operated, and is at least9021 years of age unless that person is driving directly to or91from 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 aswill be95charged witha moving violation as provided inand fined in96accordance withchapter 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 1615years 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.