| 1 | A bill to be entitled |
| 2 | An act relating to driver education; providing a short |
| 3 | title; creating s. 322.093, F.S.; providing that the |
| 4 | Department of Highway Safety and Motor Vehicles may not |
| 5 | issue a driver's license to a minor unless the minor has |
| 6 | successfully completed a specified driver education |
| 7 | course; specifying nonapplication to distribution of |
| 8 | certain funds; providing for issuance of a certificate for |
| 9 | successful course completion; amending s. 1003.48, F.S.; |
| 10 | providing requirements for a school district course of |
| 11 | instruction in the operation of motor vehicles; requiring |
| 12 | the Commissioner of Education to prescribe standards and |
| 13 | curriculum requirements; requiring certified instructors |
| 14 | or commercial driving schools offering the course to meet |
| 15 | the standards and requirements; providing for a restricted |
| 16 | driver's permit under certain circumstances; providing an |
| 17 | effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. This act may be cited as "Tyler's Bill for |
| 22 | Driver Education." |
| 23 | Section 2. Section 322.093, Florida Statutes, is created |
| 24 | to read: |
| 25 | 322.093 Driver education for minors.--Notwithstanding any |
| 26 | other provision of law, the department may not issue a driver's |
| 27 | license to a person who has not attained 18 years of age unless |
| 28 | the person has successfully completed a driver education course |
| 29 | of instruction in the operation of motor vehicles given by a |
| 30 | public secondary school in compliance with s. 1003.48, a |
| 31 | nonpublic school meeting the standards prescribed under s. |
| 32 | 1003.48, or a commercial driving school licensed under chapter |
| 33 | 488. However, nothing in this section shall alter the |
| 34 | distribution of funds pursuant to s. 318.1215. The school shall |
| 35 | issue a certificate to each student who successfully completes |
| 36 | the driver education course. |
| 37 | Section 3. Section 1003.48, Florida Statutes, is amended |
| 38 | to read: |
| 39 | 1003.48 Instruction in operation of motor vehicles.-- |
| 40 | (1) A course of study and instruction in the safe and |
| 41 | lawful operation of a motor vehicle shall be made available by |
| 42 | each district school board to students in the secondary schools |
| 43 | in the state. As used in this section, the term "motor vehicle" |
| 44 | shall have the same meaning as in s. 320.01(1)(a) and shall |
| 45 | include motorcycles and mopeds. The course must include |
| 46 | classroom or virtual instruction and behind-the-wheel training, |
| 47 | which may include use of a simulator, except that instruction in |
| 48 | motorcycle or moped operation may be limited to classroom |
| 49 | instruction. The course shall not be made a part of, or a |
| 50 | substitute for, any of the minimum requirements for graduation. |
| 51 | (2) In order to make such a course available to any |
| 52 | secondary school student, the district school board may use any |
| 53 | one of the following procedures or any combination thereof: |
| 54 | (a) Utilize instructional personnel employed by the |
| 55 | district school board. |
| 56 | (b) Contract with a commercial driving school licensed |
| 57 | under the provisions of chapter 488. |
| 58 | (c) Contract with an instructor certified under the |
| 59 | provisions of chapter 488. |
| 60 | (3)(a) District school boards shall earn funds on full- |
| 61 | time equivalent students at the appropriate basic program cost |
| 62 | factor, regardless of the method by which such courses are |
| 63 | offered. |
| 64 | (b) For the purpose of financing the driver education |
| 65 | program in the secondary schools, there shall be levied an |
| 66 | additional 50 cents per year to the driver's license fee |
| 67 | required by s. 322.21. The additional fee shall be promptly |
| 68 | remitted to the Department of Highway Safety and Motor Vehicles, |
| 69 | which shall transmit the fee to the Chief Financial Officer to |
| 70 | be deposited in the General Revenue Fund. |
| 71 | (4) The Commissioner of Education district school board |
| 72 | shall prescribe standards and curriculum requirements for the |
| 73 | course required by this section and for instructional personnel |
| 74 | directly employed by the district school board. Notwithstanding |
| 75 | any other provision of law, any certified instructor or licensed |
| 76 | commercial driving school offering the course pursuant to |
| 77 | subsection (2) shall be deemed sufficiently qualified and shall |
| 78 | not be required to meet the standards and curriculum |
| 79 | requirements prescribed for the course any standards in lieu of |
| 80 | or in addition to those prescribed under chapter 488. |
| 81 | (5) Any student under 18 years of age who has not |
| 82 | satisfactorily completed the course required under this section |
| 83 | shall have a restriction placed on his or her driver's permit. |
| 84 | The student shall be restricted when operating a motor vehicle |
| 85 | to having one passenger in the motor vehicle unless the student |
| 86 | is accompanied by a driver who holds a valid license to operate |
| 87 | a motor vehicle and who is at least 21 years of age. |
| 88 | Section 4. This act shall take effect March 1, 2009. |