Bill Text: FL S0744 | 2014 | Regular Session | Comm Sub
Bill Title: Motor Vehicle Insurance and Driver Education for Children in Care
Spectrum:
Status: (Introduced - Dead) 2014-04-30 - Laid on Table, companion bill(s) passed, see CS/HB 977 (Ch. 2014-166), CS/SB 1666 (Ch. 2014-224) [S0744 Detail]
Download: Florida-2014-S0744-Comm_Sub.html
Florida Senate - 2014 CS for SB 744 By the Committee on Children, Families, and Elder Affairs; and Senator Detert 586-01857-14 2014744c1 1 A bill to be entitled 2 An act relating to motor vehicle insurance and driver 3 education for children in care; amending s. 39.701, 4 F.S.; authorizing the court to consider the best 5 interest of a child in removing specified disabilities 6 of nonage for certain minors; creating s. 409.1454, 7 F.S.; providing legislative findings; directing the 8 Department of Children and Families to establish a 9 statewide pilot program to pay specified costs of 10 driver education, licensure and costs incidental to 11 licensure, and motor vehicle insurance for a child in 12 licensed out-of-home care who meets certain 13 qualifications; providing limits of the amount to be 14 paid; requiring payments to be made in the order of 15 eligibility until funds are exhausted; requiring the 16 department to contract with a qualified not-for-profit 17 entity to operate and develop procedures for the pilot 18 program; requiring the department to submit an annual 19 report with recommendations to the Governor and the 20 Legislature; creating s. 743.047, F.S.; removing the 21 disability of nonage of minors for purposes of 22 obtaining motor vehicle insurance; requiring an order 23 by the court for the disability of nonage to be 24 removed; amending s. 1003.48, F.S.; providing for 25 preferential enrollment in driver education for 26 specified children in care; providing an 27 appropriation; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Paragraph (a) of subsection (3) of section 32 39.701, Florida Statutes, is amended to read: 33 39.701 Judicial review.— 34 (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.— 35 (a) In addition to the review and report required under 36 paragraphs (1)(a) and (2)(a), respectively, the court shall hold 37 a judicial review hearing within 90 days after a child’s 17th 38 birthday. The court shall also issue an order, separate from the 39 order on judicial review, that the disability of nonage of the 40 child has been removed pursuant to ss. 743.045 and 743.047 for 41 any of these disabilities that the court finds is in the child’s 42 best interest to remove. The courts. 743.045andshall continue 43 to hold timely judicial review hearings. If necessary, the court 44 may review the status of the child more frequently during the 45 year before the child’s 18th birthday. At each review hearing 46 held under this subsection, in addition to any information or 47 report provided to the court by the foster parent, legal 48 custodian, or guardian ad litem, the child shall be given the 49 opportunity to address the court with any information relevant 50 to the child’s best interest, particularly in relation to 51 independent living transition services. The department shall 52 include in the social study report for judicial review written 53 verification that the child has: 54 1. A current Medicaid card and all necessary information 55 concerning the Medicaid program sufficient to prepare the child 56 to apply for coverage upon reaching the age of 18, if such 57 application is appropriate. 58 2. A certified copy of the child’s birth certificate and, 59 if the child does not have a valid driver license, a Florida 60 identification card issued under s. 322.051. 61 3. A social security card and information relating to 62 social security insurance benefits if the child is eligible for 63 those benefits. If the child has received such benefits and they 64 are being held in trust for the child, a full accounting of 65 these funds must be provided and the child must be informed as 66 to how to access those funds. 67 4. All relevant information related to the Road-to 68 Independence Program, including, but not limited to, eligibility 69 requirements, information on participation, and assistance in 70 gaining admission to the program. If the child is eligible for 71 the Road-to-Independence Program, he or she must be advised that 72 he or she may continue to reside with the licensed family home 73 or group care provider with whom the child was residing at the 74 time the child attained his or her 18th birthday, in another 75 licensed family home, or with a group care provider arranged by 76 the department. 77 5. An open bank account or the identification necessary to 78 open a bank account and to acquire essential banking and 79 budgeting skills. 80 6. Information on public assistance and how to apply for 81 public assistance. 82 7. A clear understanding of where he or she will be living 83 on his or her 18th birthday, how living expenses will be paid, 84 and the educational program or school in which he or she will be 85 enrolled. 86 8. Information related to the ability of the child to 87 remain in care until he or she reaches 21 years of age under s. 88 39.013. 89 9. A letter providing the dates that the child is under the 90 jurisdiction of the court. 91 10. A letter stating that the child is in compliance with 92 financial aid documentation requirements. 93 11. The child’s educational records. 94 12. The child’s entire health and mental health records. 95 13. The process for accessing his or her case file. 96 14. A statement encouraging the child to attend all 97 judicial review hearings occurring after the child’s 17th 98 birthday. 99 Section 2. Section 409.1454, Florida Statutes, is created 100 to read: 101 409.1454 Motor vehicle insurance for children in care.— 102 (1) The Legislature finds that the costs of driver 103 education, licensure and costs incidental to licensure, and 104 motor vehicle insurance for a child in licensed out-of-home care 105 after such child obtains a driver license creates an additional 106 barrier to engaging in normal age-appropriate activities and 107 gaining independence and may limit opportunities for obtaining 108 employment and completing educational goals. The Legislature 109 also finds that the completion of an approved driver education 110 course is necessary to develop safe driving skills. 111 (2) To the extent that funding is available, the department 112 shall establish a 3-year pilot program to pay the cost of driver 113 education, licensure and other costs incidental to licensure, 114 and motor vehicle insurance for children in licensed out-of-home 115 care who have successfully completed a driver education program. 116 (3) If a caregiver, or an individual or not-for-profit 117 entity approved by the caregiver, adds a child to his or her 118 existing insurance policy, the amount paid to the caregiver or 119 approved purchaser may not exceed the increase in cost 120 attributable to the addition of the child to the policy. 121 (4) Payment shall be made to eligible recipients in the 122 order of eligibility until available funds are exhausted. 123 (5) The department shall contract with a not-for-profit 124 entity whose mission is to support youth aging out of foster 125 care to develop procedures for operating and administering the 126 pilot program, including, but not limited to: 127 (a) Determining eligibility, including responsibilities for 128 the child and caregivers. 129 (b) Developing application and payment forms. 130 (c) Notifying eligible children, caregivers, group homes, 131 and residential programs of the pilot program. 132 (d) Providing technical assistance to lead agencies, 133 providers, group homes, and residential programs to support 134 removing obstacles that prevent children in foster care from 135 driving. 136 (6) By July 1, 2015, and annually thereafter for the 137 duration of the pilot program, the department shall submit a 138 report to the Governor, the President of the Senate, and the 139 Speaker of the House of Representatives evaluating the success 140 of and outcomes achieved by the pilot program. The report shall 141 include a recommendation as to whether the pilot program should 142 be continued, terminated, or expanded. 143 Section 3. Section 743.047, Florida Statutes, is created to 144 read: 145 743.047 Removal of disabilities of minors; executing 146 agreements for motor vehicle insurance.—For the purpose of 147 ensuring that a child in foster care will be able to secure 148 motor vehicle insurance, the disability of nonage of minors 149 shall be removed provided that the child has reached 16 years of 150 age, has been adjudicated dependent, is residing in an out-of 151 home placement as defined in s. 39.01, and has completed a 152 driver education program. Upon issuance of an order by a court 153 of competent jurisdiction, such child is authorized to make and 154 execute all documents, contracts, or agreements necessary for 155 obtaining motor vehicle insurance as if the child is otherwise 156 competent to make and execute contracts. Execution of any such 157 contract or agreement for motor vehicle insurance has the same 158 effect as if it were the act of a person who is not a minor. A 159 child seeking to enter into such contract or agreement or 160 execute other necessary instrument incidental to obtaining motor 161 vehicle insurance must present an order from a court of 162 competent jurisdiction removing the disabilities of nonage of 163 the minor pursuant to this section. 164 Section 4. Section 1003.48, Florida Statutes, is amended to 165 read: 166 1003.48 Instruction in operation of motor vehicles.— 167 (1) A course of study and instruction in the safe and 168 lawful operation of a motor vehicle shall be made available by 169 each district school board to students in the secondary schools 170 in the state. The secondary school shall provide preferential 171 enrollment to a student who is in the custody of the Department 172 of Children and Families if the student maintains appropriate 173 progress as required by the school. As used in this section, the 174 term “motor vehicle” hasshall havethe same meaning as in s. 175 320.01(1)(a) and includesshall includemotorcycles and mopeds. 176 Instruction in motorcycle or moped operation may be limited to 177 classroom instruction. The course mayshallnot be made a part 178 of, or a substitute for, any of the minimum requirements for 179 graduation. 180 (2) In order to make such a course available to any 181 secondary school student, the district school board may use any 182 one of the following procedures or any combination thereof: 183 (a) UseUtilizeinstructional personnel employed by the 184 district school board. 185 (b) Contract with a commercial driving school licensed 186 underthe provisions ofchapter 488. 187 (c) Contract with an instructor certified underthe188provisions ofchapter 488. 189 (3)(a)District school boards shall earn funds on full-time 190 equivalent students at the appropriate basic program cost 191 factor, regardless of the method by which such courses are 192 offered. 193 (4)(b)For the purpose of financing the Driver Education 194 Program in the secondary schools, there shall be levied an 195 additional 50 cents per year to the driverdriver’slicense fee 196 required by s. 322.21. The additional fee shall be promptly 197 remitted to the Department of Highway Safety and Motor Vehicles, 198 which shall transmit the fee to the Chief Financial Officer to 199 be deposited in the General Revenue Fund. 200 (5)(4)The district school board shall prescribe standards 201 for the course required by this section and for instructional 202 personnel directly employed by the district school board. AAny203 certified instructor or licensed commercial driving school is 204shall be deemedsufficiently qualified and isshallnotbe205 required to meet any standards in lieu of or in addition to 206 those prescribed under chapter 488. 207 Section 5. The sum of $800,000 is appropriated from the 208 General Revenue Fund to the Department of Children and Families 209 for the purpose of implementing this act during the 2014-2015 210 fiscal year. 211 Section 6. This act shall take effect July 1, 2014.