CS/CS/HB 689

A bill to be entitled
2An act relating to driver education and testing; amending
3ss. 318.1451 and 322.095, F.S.; requiring the curricula of
4driver improvement courses and traffic law and substance
5abuse education courses to include instruction on the
6risks associated with using a handheld electronic
7communication device while operating a motor vehicle;
8amending s. 322.12, F.S.; providing requirements for
9driver license examination questions pertaining to traffic
10regulations relating to blind pedestrians; amending s.
11322.56, F.S.; providing for written examination for a
12learner's driver's license to be available from third-
13party providers; providing for the examination to be
14administered online under certain conditions; providing an
15effective date.
17Be It Enacted by the Legislature of the State of Florida:
19     Section 1.  Paragraph (a) of subsection (2) of section
20318.1451, Florida Statutes, is amended to read:
21     318.1451  Driver improvement schools.-
22     (2)(a)  In determining whether to approve the courses
23referenced in this section, the department shall consider course
24content designed to promote safety, driver awareness, crash
25avoidance techniques, awareness of the risks associated with
26using a handheld electronic communication device while operating
27a motor vehicle, and other factors or criteria to improve driver
28performance from a safety viewpoint.
29     Section 2.  Subsection (1) of section 322.095, Florida
30Statutes, is amended to read:
31     322.095  Traffic law and substance abuse education program
32for driver's license applicants.-
33     (1)  The Department of Highway Safety and Motor Vehicles
34must approve traffic law and substance abuse education courses
35that must be completed by applicants for a Florida driver's
36license. The curricula for the courses must provide instruction
37on the physiological and psychological consequences of the abuse
38of alcohol and other drugs, the societal and economic costs of
39alcohol and drug abuse, the effects of alcohol and drug abuse on
40the driver of a motor vehicle, the risks associated with using a
41handheld electronic communication device while operating a motor
42vehicle, and the laws of this state relating to the operation of
43a motor vehicle. All instructors teaching the courses shall be
44certified by the department.
45     Section 3.  Subsection (6) is added to section 322.12,
46Florida Statutes, to read:
47     322.12  Examination of applicants.-
48     (6)  Each examination given for a Class E driver's license
49or a commercial driver's license under this section must include
50one question testing the applicant's knowledge of traffic
51regulations to assist blind persons. In developing questions
52under this subsection, the department shall emphasize pedestrian
53right-of-way when a driver is making a right turn at an
55     Section 4.  Subsections (4) through (7) of section 322.56,
56Florida Statutes, are renumbered as subsections (5) through (8),
57respectively, and a new subsection (4) is added to that section,
58to read:
59     322.56  Contracts for administration of driver's license
61     (4)  All applicants for a learner's driver's license shall
62have the ability to take the written examination required by s.
63322.12 through a third-party provider. The department shall
64contract with providers of approved traffic law and substance
65abuse education courses to serve as third-party administrators
66to conduct, on behalf of the department, examinations required
67pursuant to ss. 322.12 and 322.1615 online to applicants for
68Florida Class E learner's driver's licenses. The online testing
69program shall require, prior to administering the examination,
70the applicant's parent, guardian, or other responsible adult who
71meets the requirements of s. 322.09 to provide the third-party
72administrator with his or her driver's license number. Before
73the issuance of the learner's driver's license, the parent,
74guardian, or other responsible adult shall provide the
75department with an affidavit stating that the parent, guardian,
76or other responsible adult was aware of and allowed the
77applicant to take the examination online. The affidavit must be
78signed and dated prior to the time the applicant took the test.
79This subsection does not preclude the department from continuing
80to provide written examinations.
81     Section 5.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.