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.