Florida Senate - 2011                                    SB 1530
       
       
       
       By Senator Altman
       
       
       
       
       24-01060-11                                           20111530__
    1                        A bill to be entitled                      
    2         An act relating to driver’s licenses; creating the
    3         “Mature Drivers Act”; amending s. 322.05, F.S.;
    4         revising age requirements for issuance of driver’s
    5         licenses; amending ss. 322.126 and 322.161, F.S.,
    6         relating to reporting of licensed driver’s or
    7         applicant’s mental or physical disability to drive or
    8         need to obtain or wear a medical identification
    9         bracelet and restriction of the driving privilege of a
   10         person who has accumulated six or more points within a
   11         12-month period; conforming provisions to changes made
   12         by the act; amending s. 322.1615, F.S.; revising age
   13         requirements for issuance of learner’s driver’s
   14         licenses; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. This act may be cited as the “Mature Drivers
   19  Act.”
   20         Section 2. Subsections (1), (2), and (3) of section 322.05,
   21  Florida Statutes, are amended to read:
   22         322.05 Persons not to be licensed.—The department may not
   23  issue a license:
   24         (1) To a person who has not attained 17 years of age is
   25  under the age of 16 years, except that the department may issue
   26  a learner’s driver’s license to a person who is at least 16 15
   27  years of age and who meets the requirements of ss. 322.091 and
   28  322.1615 and of any other applicable law or rule.
   29         (2) To a person who is at least 17 16 years of age but who
   30  has not attained is under 18 years of age unless the person
   31  meets the requirements of s. 322.091 and holds a valid:
   32         (a) Learner’s driver’s license for at least 12 months, with
   33  no moving traffic convictions, before applying for a 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 the
   81  department after 1 year if the licensee does not accumulate any
   82  additional points. If the licensee accumulates any additional
   83  points, then the period of restriction shall be extended 90 days
   84  for each point. The restriction shall also be automatically
   85  withdrawn upon the licensee’s 18th birthday if no other grounds
   86  for restriction exist. The licensee must appear before the
   87  department to have the restriction removed and a duplicate
   88  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.