| 1 | A bill to be entitled |
| 2 | An act relating to driver education and testing; amending |
| 3 | ss. 318.1451 and 322.095, F.S.; requiring the curricula of |
| 4 | driver improvement courses and traffic law and substance |
| 5 | abuse education courses to include instruction on the |
| 6 | risks associated with using a handheld electronic |
| 7 | communication device while operating a motor vehicle; |
| 8 | amending s. 322.12, F.S.; providing requirements for |
| 9 | driver license examination questions pertaining to traffic |
| 10 | regulations relating to blind pedestrians; amending s. |
| 11 | 322.56, F.S.; providing for written examination for a |
| 12 | learner's driver's license to be available from third- |
| 13 | party providers; providing for the examination to be |
| 14 | administered online under certain conditions; providing an |
| 15 | effective date. |
| 16 |
|
| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
|
| 19 | Section 1. Paragraph (a) of subsection (2) of section |
| 20 | 318.1451, Florida Statutes, is amended to read: |
| 21 | 318.1451 Driver improvement schools.- |
| 22 | (2)(a) In determining whether to approve the courses |
| 23 | referenced in this section, the department shall consider course |
| 24 | content designed to promote safety, driver awareness, crash |
| 25 | avoidance techniques, awareness of the risks associated with |
| 26 | using a handheld electronic communication device while operating |
| 27 | a motor vehicle, and other factors or criteria to improve driver |
| 28 | performance from a safety viewpoint. |
| 29 | Section 2. Subsection (1) of section 322.095, Florida |
| 30 | Statutes, is amended to read: |
| 31 | 322.095 Traffic law and substance abuse education program |
| 32 | for driver's license applicants.- |
| 33 | (1) The Department of Highway Safety and Motor Vehicles |
| 34 | must approve traffic law and substance abuse education courses |
| 35 | that must be completed by applicants for a Florida driver's |
| 36 | license. The curricula for the courses must provide instruction |
| 37 | on the physiological and psychological consequences of the abuse |
| 38 | of alcohol and other drugs, the societal and economic costs of |
| 39 | alcohol and drug abuse, the effects of alcohol and drug abuse on |
| 40 | the driver of a motor vehicle, the risks associated with using a |
| 41 | handheld electronic communication device while operating a motor |
| 42 | vehicle, and the laws of this state relating to the operation of |
| 43 | a motor vehicle. All instructors teaching the courses shall be |
| 44 | certified by the department. |
| 45 | Section 3. Subsection (6) is added to section 322.12, |
| 46 | Florida Statutes, to read: |
| 47 | 322.12 Examination of applicants.- |
| 48 | (6) Each examination given for a Class E driver's license |
| 49 | or a commercial driver's license under this section must include |
| 50 | one question testing the applicant's knowledge of traffic |
| 51 | regulations to assist blind persons. In developing questions |
| 52 | under this subsection, the department shall emphasize pedestrian |
| 53 | right-of-way when a driver is making a right turn at an |
| 54 | intersection. |
| 55 | Section 4. Subsections (4) through (7) of section 322.56, |
| 56 | Florida Statutes, are renumbered as subsections (5) through (8), |
| 57 | respectively, and a new subsection (4) is added to that section, |
| 58 | to read: |
| 59 | 322.56 Contracts for administration of driver's license |
| 60 | examination.- |
| 61 | (4) All applicants for a learner's driver's license shall |
| 62 | have the ability to take the written examination required by s. |
| 63 | 322.12 through a third-party provider. The department shall |
| 64 | contract with providers of approved traffic law and substance |
| 65 | abuse education courses to serve as third-party administrators |
| 66 | to conduct, on behalf of the department, examinations required |
| 67 | pursuant to ss. 322.12 and 322.1615 online to applicants for |
| 68 | Florida Class E learner's driver's licenses. The online testing |
| 69 | program shall require, prior to administering the examination, |
| 70 | the applicant's parent, guardian, or other responsible adult who |
| 71 | meets the requirements of s. 322.09 to provide the third-party |
| 72 | administrator with his or her driver's license number. Before |
| 73 | the issuance of the learner's driver's license, the parent, |
| 74 | guardian, or other responsible adult shall provide the |
| 75 | department with an affidavit stating that the parent, guardian, |
| 76 | or other responsible adult was aware of and allowed the |
| 77 | applicant to take the examination online. The affidavit must be |
| 78 | signed and dated prior to the time the applicant took the test. |
| 79 | This subsection does not preclude the department from continuing |
| 80 | to provide written examinations. |
| 81 | Section 5. This act shall take effect July 1, 2011. |