Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for SB 1974
                                Barcode 682466                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             05/03/2011 01:12 PM       .                                

       Senator Hill moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (2) of section
    6  318.1451, Florida Statutes, is amended to read:
    7         318.1451 Driver improvement schools.—
    8         (2)(a) In determining whether to approve the courses
    9  referenced in this section, the department shall consider course
   10  content designed to promote safety, driver awareness, crash
   11  avoidance techniques, awareness of the risks associated with
   12  using a handheld electronic communication device while operating
   13  a motor vehicle, and other factors or criteria to improve driver
   14  performance from a safety viewpoint.
   15         Section 2. Subsection (1) of section 322.095, Florida
   16  Statutes, is amended to read:
   17         322.095 Traffic law and substance abuse education program
   18  for driver’s license applicants.—
   19         (1) The Department of Highway Safety and Motor Vehicles
   20  must approve traffic law and substance abuse education courses
   21  that must be completed by applicants for a Florida driver’s
   22  license. The curricula for the courses must provide instruction
   23  on the physiological and psychological consequences of the abuse
   24  of alcohol and other drugs, the societal and economic costs of
   25  alcohol and drug abuse, the effects of alcohol and drug abuse on
   26  the driver of a motor vehicle, the risks associated with using a
   27  handheld electronic communication device while operating a motor
   28  vehicle, and the laws of this state relating to the operation of
   29  a motor vehicle. All instructors teaching the courses shall be
   30  certified by the department.
   31         Section 3. Subsection (6) is added to section 322.12,
   32  Florida Statutes, to read:
   33         322.12 Examination of applicants.—
   34         (6) Each examination given for a Class E driver’s license
   35  or a commercial driver’s license under this section must include
   36  one question testing the applicant’s knowledge of traffic
   37  regulations to assist blind persons. In developing questions
   38  under this subsection, the department shall emphasize pedestrian
   39  right-of-way when a driver is making a right turn at an
   40  intersection.
   41         Section 4. Subsections (4) through (7) of section 322.56,
   42  Florida Statutes, are renumbered as subsections (5) through (8),
   43  respectively, and a new subsection (4) is added to that section,
   44  to read:
   45         322.56 Contracts for administration of driver’s license
   46  examination.—
   47         (4) All applicants for a learner’s driver’s license shall
   48  have the ability to take the written examination required by s.
   49  322.12 through a third-party provider. The department shall
   50  contract with providers of approved traffic law and substance
   51  abuse education courses to serve as third-party administrators
   52  to conduct, on behalf of the department, examinations required
   53  pursuant to ss. 322.12 and 322.1615 online to applicants for
   54  Florida Class E learner’s driver’s licenses. The online testing
   55  program shall require, prior to administering the examination,
   56  the applicant’s parent, guardian, or other responsible adult who
   57  meets the requirements of s. 322.09 to provide the third-party
   58  administrator with his or her driver’s license number. Before
   59  the issuance of the learner’s driver’s license, the parent,
   60  guardian, or other responsible adult shall provide the
   61  department with an affidavit stating that the parent, guardian,
   62  or other responsible adult was aware of and allowed the
   63  applicant to take the examination online. The affidavit must be
   64  signed and dated prior to the time the applicant took the test.
   65  This subsection does not preclude the department from continuing
   66  to provide written examinations.
   67         Section 5. This act shall take effect July 1, 2011.
   69  ================= T I T L E  A M E N D M E N T ================
   70         And the title is amended as follows:
   71         Delete everything before the enacting clause
   72  and insert:
   73                        A bill to be entitled                      
   74         An act relating to driver education and testing;
   75         amending ss. 318.1451 and 322.095, F.S.; requiring the
   76         curricula of driver improvement courses and traffic
   77         law and substance abuse education courses to include
   78         instruction on the risks associated with using a
   79         handheld electronic communication device while
   80         operating a motor vehicle; amending s. 322.12, F.S.;
   81         providing requirements for driver license examination
   82         questions pertaining to traffic regulations relating
   83         to blind pedestrians; amending s. 322.56, F.S.;
   84         providing for written examination for a learner’s
   85         driver’s license to be available from third-party
   86         providers; providing for the examination to be
   87         administered online under certain conditions;
   88         providing an effective date.