| 1 | A bill to be entitled |
| 2 | An act relating to driver's licenses; creating the "Mature |
| 3 | Drivers Act"; amending s. 322.05, F.S.; revising age |
| 4 | requirements for issuance of driver's licenses; amending |
| 5 | ss. 322.126 and 322.161, F.S., relating to reporting of |
| 6 | licensed driver's or applicant's mental or physical |
| 7 | disability to drive or need to obtain or wear a medical |
| 8 | identification bracelet and restriction of the driving |
| 9 | privilege of a person who has accumulated six or more |
| 10 | points within a 12-month period; conforming provisions to |
| 11 | changes made by the act; amending s. 322.1615, F.S.; |
| 12 | revising age requirements for issuance of learner's |
| 13 | driver's licenses; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. This act may be cited as the "Mature Drivers |
| 18 | Act." |
| 19 | Section 2. Subsections (1), (2), and (3) of section |
| 20 | 322.05, Florida Statutes, are amended to read: |
| 21 | 322.05 Persons not to be licensed.-The department may not |
| 22 | issue a license: |
| 23 | (1) To a person who has not attained 17 years of age is |
| 24 | under the age of 16 years, except that the department may issue |
| 25 | a learner's driver's license to a person who is at least 16 15 |
| 26 | years of age and who meets the requirements of ss. 322.091 and |
| 27 | 322.1615 and of any other applicable law or rule. |
| 28 | (2) To a person who is at least 17 16 years of age but who |
| 29 | has not attained is under 18 years of age unless the person |
| 30 | meets the requirements of s. 322.091 and holds a valid: |
| 31 | (a) Learner's driver's license for at least 12 months, |
| 32 | with no moving traffic convictions, before applying for a |
| 33 | license; |
| 34 | (b) Learner's driver's license for at least 12 months and |
| 35 | who has a moving traffic conviction but elects to attend a |
| 36 | traffic driving school for which adjudication must be withheld |
| 37 | pursuant to s. 318.14; or |
| 38 | (c) License that was issued in another state or in a |
| 39 | foreign jurisdiction and that would not be subject to suspension |
| 40 | or revocation under the laws of this state. |
| 41 | (3) To a person who is at least 17 16 years of age but who |
| 42 | has not attained is under 18 years of age, unless the parent, |
| 43 | guardian, or other responsible adult meeting the requirements of |
| 44 | s. 322.09 certifies that he or she, or another licensed driver |
| 45 | 21 years of age or older, has accompanied the applicant for a |
| 46 | total of not less than 50 hours of hours' behind-the-wheel |
| 47 | experience, of which not less than 10 hours must be at night. |
| 48 | This subsection is not intended to create a private cause of |
| 49 | action as a result of the certification. The certification is |
| 50 | inadmissible for any purpose in any civil proceeding. |
| 51 | Section 3. Subsection (2) of section 322.126, Florida |
| 52 | Statutes, is amended to read: |
| 53 | 322.126 Report of disability to department; content; use.- |
| 54 | (2) Any physician, person, or agency having knowledge of |
| 55 | any licensed driver's or applicant's mental or physical |
| 56 | disability to drive or need to obtain or to wear a medical |
| 57 | identification bracelet is authorized to report such knowledge |
| 58 | to the Department of Highway Safety and Motor Vehicles. The |
| 59 | report should be made in writing giving the full name, date of |
| 60 | birth, address, and a description of the alleged disability of |
| 61 | any person who is 16 over 15 years of age or older having mental |
| 62 | or physical disorders that could affect his or her driving |
| 63 | ability. |
| 64 | Section 4. Subsection (1) of section 322.161, Florida |
| 65 | Statutes, is amended to read: |
| 66 | 322.161 High-risk drivers; restricted licenses.- |
| 67 | (1)(a) Notwithstanding any provision of law to the |
| 68 | contrary, the department shall restrict the driving privilege of |
| 69 | any Class E licensee who has not attained 18 years of age is age |
| 70 | 15 through 17 and who has accumulated six or more points |
| 71 | pursuant to s. 318.14, excluding parking violations, within a |
| 72 | 12-month period. |
| 73 | (b) Upon determination that any person has accumulated six |
| 74 | or more points, the department shall notify the licensee and |
| 75 | issue the licensee a restricted license for business purposes |
| 76 | only. The licensee must appear before the department within 10 |
| 77 | days after notification to have this restriction applied. The |
| 78 | period of restriction shall be for a period of no less than 1 |
| 79 | year beginning on the date it is applied by the department. |
| 80 | (c) The restriction shall be automatically withdrawn by |
| 81 | the department after 1 year if the licensee does not accumulate |
| 82 | any additional points. If the licensee accumulates any |
| 83 | additional points, then the period of restriction shall be |
| 84 | extended 90 days for each point. The restriction shall also be |
| 85 | automatically withdrawn upon the licensee's 18th birthday if no |
| 86 | other grounds for restriction exist. The licensee must appear |
| 87 | before the department to have the restriction removed and a |
| 88 | duplicate license issued. |
| 89 | Section 5. Subsection (1) of section 322.1615, Florida |
| 90 | Statutes, is amended to read: |
| 91 | 322.1615 Learner's driver's license.- |
| 92 | (1) The department may issue a learner's driver's license |
| 93 | to a person who is at least 16 15 years of age and who: |
| 94 | (a) Has passed the written examination for a learner's |
| 95 | driver's license; |
| 96 | (b) Has passed the vision and hearing examination |
| 97 | administered under s. 322.12; |
| 98 | (c) Has completed the traffic law and substance abuse |
| 99 | education course prescribed in s. 322.095; and |
| 100 | (d) Meets all other requirements set forth in law and by |
| 101 | rule of the department. |
| 102 | Section 6. This act shall take effect July 1, 2011. |