HB 529

1	A bill to be entitled
2	An act relating to driver licenses; amending s. 322.091,
3	F.S.; providing that a minor who is not in compliance with
4	certain education requirements is disqualified from
5	operating a motor vehicle until certain conditions are
6	met; providing for revocation of driving privileges and
7	driver's license or learner's driver's license;
8	prohibiting the Department of Highway Safety and Motor
9	Vehicles from issuing or reissuing a license to a person
10	who is disqualified from operating a motor vehicle;
11	providing for notification; providing procedures;
12	providing for hardship waivers; directing the department
13	to adopt rules for processing applications for waiver;
14	providing for verification of compliance; amending s.
15	1003.27, F.S.; revising terminology to specify that the
16	department shall revoke any previously issued driver's
17	license or learner's driver's license of a minor who is
18	not in compliance with specified education requirements;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 322.091, Florida Statutes, is amended
24	to read:
25	322.091  Attendance requirements.--
26	(1)  ELIGIBILITY REQUIREMENTS FOR DRIVING PRIVILEGES.--
27	(a)  A minor is not eligible for driving privileges unless
28	that minor:
29	1.(a)  Is enrolled in a public school, nonpublic school, or
30	home education program and satisfies relevant attendance
31	requirements;
32	2.(b)  Has received a high school diploma, a high school
33	equivalency diploma, a special diploma, or a certificate of high
34	school completion;
35	3.(c)  Is enrolled in a study course in preparation for the
36	Test of General Educational Development and satisfies relevant
37	attendance requirements;
38	4.(d)  Is enrolled in other educational activities approved
39	by the district school board and satisfies relevant attendance
40	requirements;
41	5.(e)  Has been issued a certificate of exemption according
42	to s. 1003.21(3); or
43	6.(f)  Has received a hardship waiver under this section.
44	(b)  A minor who drops out of a public, nonpublic, or home
45	education program shall remain eligible for driving privileges
46	if, within 5 business days, the minor enrolls in a public,
47	nonpublic, or home education program, in a study course in
48	preparation for the Test of General Educational Development, or
49	in other educational activities approved by the district school
50	board, and satisfies relevant attendance requirements.
51
52	The department may not issue a driver's license or learner's
53	driver's license to, or shall suspend the driver's license or
54	learner's driver's license of, any minor concerning whom the
55	department receives notification of noncompliance with the
56	requirements of this section.
57	(2)  DISQUALIFICATION FROM OPERATING A MOTOR VEHICLE.--
58	(a)  A minor who is not in compliance with the requirements
59	of subsection (1) is disqualified from operating a motor
60	vehicle. The period of disqualification shall be until the
61	person has attained 19 years of age and has received a high
62	school diploma, a high school equivalency diploma, a special
63	diploma, or a certificate of high school completion.
64	(b)  Except as otherwise provided in this section, the
65	department shall revoke the driving privileges and driver's
66	license or learner's driver's license of any minor concerning
67	whom the department receives notification of noncompliance with
68	the requirements of this section. The department may not issue
69	or reissue a driver's license or learner's driver's license to
70	any person while that person is disqualified from operating a
71	motor vehicle under paragraph (a).
72	(3)(2)  NOTIFICATION OF INTENT TO REVOKE SUSPEND;
73	PROCEDURES SUSPENSION; RECORD OF NONCOMPLIANCE.--
74	(a)  The department shall notify each minor for whom the
75	department has received notification of noncompliance with the
76	requirements of this section as provided in s. 1003.27, and the
77	minor's parent or guardian, of the department's intent to revoke
78	suspend the minor's driving privileges.
79	(b)  The minor, or the parent or guardian of the minor,
80	may, within has 15 calendar days after the date of receipt of
81	the this notice, to provide proof of compliance with the
82	requirements of this section as provided in subsection (5) (4)
83	or, within 10 business days, to request a hardship waiver
84	hearing under subsection (4) (3).
85	(c)  Twenty days after the date of issuance of the this
86	notice under paragraph (a), the department shall revoke suspend
87	the minor's driver's operator's license or learner's driver's
88	license or record the legal name, sex, date of birth, and social
89	security number of the each minor if he or she who does not
90	possess a driver's license or learner's driver's license, unless
91	the minor has provided the department with verification of
92	compliance pursuant to paragraph (b) with the requirements of
93	subsection (1) or the appropriate school official has provided
94	the department with verification of a request for a waiver
95	hearing.
96	(d)  Upon notification of the outcome of a hardship waiver
97	hearing, the department shall revoke suspend the driver's
98	license or learner's driver's license of a minor who was denied
99	a hardship waiver, or record the legal name, sex, date of birth,
100	and social security number of a minor who does not possess a
101	driver's license or learner's driver's license and who was
102	denied a hardship waiver.
103	(e)  Until the conditions of paragraph (2)(a) have been
104	met, the department may not issue or reissue a driver's license
105	or learner's driver's license to any person minor for whom it
106	has a record of noncompliance with the requirements of
107	subsection (1) unless the person is granted a hardship waiver
108	under subsection (4) or minor submits verification of compliance
109	pursuant to paragraph (b) subsection (4).
110	(4)(3)  HARDSHIP WAIVER AND APPEAL.--
111	(a)  A minor, or the parent or guardian of the a minor,
112	may, within 10 business has 15 calendar days after the date of
113	receipt of the notice of intent to revoke, suspend to request a
114	hardship waiver hearing before the public school principal, the
115	principal's designee, or the designee of the governing body of a
116	private school for the purpose of reviewing the pending
117	revocation suspension of driving privileges. The school official
118	receiving the request shall notify the department of the request
119	for a waiver hearing within 24 hours after receiving the
120	request. Public school officials shall also notify the district
121	school board of the request for a waiver hearing. The hearing
122	must be conducted within 30 calendar days after the public
123	school principal, the principal's designee, or the designee of
124	the governing body of a private school receives the request.
125	(b)  The public school principal, the principal's designee,
126	or the designee of the governing body of a private school shall
127	waive the requirements of subsection (1) for any minor under the
128	school's jurisdiction when noncompliance with subsection (1) is
129	due to a personal or family hardship caused by an illness or
130	physical condition of the minor or a family member of the minor,
131	by an unstable living situation, or by any extreme condition or
132	circumstance or shall waive the requirements of subsection (1)
133	for any minor under the school's jurisdiction for whom a
134	personal or family hardship requires that the minor have a
135	driver's license for his or her own, or his or her family's,
136	employment or medical care. The minor or the minor's parent or
137	guardian may present other evidence that indicates compliance
138	with the requirements of subsection (1) at the waiver hearing.
139	The public school principal, the principal's designee, or the
140	designee of the governing body of a private school shall take
141	into consideration the recommendations of teachers, other school
142	officials, guidance counselors, or academic advisers before
143	waiving the requirements of subsection (1).
144	(c)  The public school principal, the principal's designee,
145	or the designee of the governing body of a private school shall
146	notify the department of the outcome of a minor's hardship
147	waiver hearing within 24 hours after conducting the hearing.
148	Public school officials shall also notify the district school
149	board of the outcome of the hearing.
150	(d)  Any person denied a hardship waiver by a public school
151	principal, the principal's designee, or the designee of the
152	governing body of a private school may appeal the decision to
153	the district school board or the governing body of the private
154	school. The district school board or the governing body of the
155	private school shall notify the department if the hardship
156	waiver is subsequently granted.
157	(e)  Any person denied a hardship waiver by the district
158	school board or the governing body of a private school may apply
159	to the department for a hardship waiver. If the department finds
160	that noncompliance with subsection (1) is due to a personal or
161	family hardship caused by an illness or physical condition of
162	the minor or a family member of the minor, by an unstable living
163	situation, or by any extreme condition or circumstance or if the
164	department finds that a personal or family hardship requires
165	that the minor have a driver's license for his or her own, or
166	his or her family's, employment or medical care, the department
167	shall waive the requirements of subsection (1). The department
168	shall adopt, by rule, procedures for processing applications for
169	waiver received under this paragraph.
170	(5)(4)  VERIFICATION OF COMPLIANCE AND REINSTATEMENT.--A
171	district school board shall provide a minor with written
172	verification that he or she is in compliance with the
173	requirements of subsection (1) if the district determines that
174	the minor he or she has been in compliance for 30 days prior to
175	the request for verification of compliance or that the minor has
176	enrolled in a program, study course, or approved educational
177	activity as provided in paragraph (1)(b). Upon receiving written
178	verification that the minor is again in compliance with the
179	requirements of subsection (1), the department shall reinstate
180	the minor's driving privilege. Thereafter, if the school
181	district determines that the minor is not in compliance with the
182	requirements of subsection (1), the department shall suspend the
183	minor's driving privilege until the minor is 18 years of age or
184	otherwise satisfies the requirements of subsection (1),
185	whichever occurs first.
186	(6)(5)  REPORTING AND ACCOUNTABILITY.--The department shall
187	report quarterly to each school district the legal name, sex,
188	date of birth, and social security number of each student whose
189	driving privileges have been revoked suspended under this
190	section.
191	Section 2.  Paragraph (b) of subsection (2) of section
192	1003.27, Florida Statutes, is amended to read:
193	1003.27  Court procedure and penalties.--The court
194	procedure and penalties for the enforcement of the provisions of
195	this part, relating to compulsory school attendance, shall be as
196	follows:
197	(2)  NONENROLLMENT AND NONATTENDANCE CASES.--
198	(b)  Each public school principal or the principal's
199	designee shall notify the district school board of each minor
200	student under its jurisdiction who accumulates 15 unexcused
201	absences in a period of 90 calendar days. Each designee of the
202	governing body of each private school, and each parent whose
203	child is enrolled in a home education program, may provide the
204	Department of Highway Safety and Motor Vehicles with the legal
205	name, sex, date of birth, and social security number of each
206	minor student under his or her jurisdiction who fails to satisfy
207	relevant attendance requirements and who fails to otherwise
208	satisfy the requirements of s. 322.091. The district school
209	superintendent must provide the Department of Highway Safety and
210	Motor Vehicles the legal name, sex, date of birth, and social
211	security number of each minor student who has been reported
212	under this paragraph and who fails to otherwise satisfy the
213	requirements of s. 322.091. The Department of Highway Safety and
214	Motor Vehicles may not issue a driver's license or learner's
215	driver's license to, and shall revoke suspend any previously
216	issued driver's license or learner's driver's license of, any
217	such minor student, pursuant to the provisions of s. 322.091.
218	Section 3.  This act shall take effect July 1, 2008.

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