Bill Text: FL S0744 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2014                                     SB 744
       
       
        
       By Senator Detert
       
       
       
       
       
       28-01035-14                                            2014744__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance and driver
    3         education for children in care; creating s. 409.1454,
    4         F.S.; providing legislative findings; directing the
    5         Department of Children and Families to establish a
    6         statewide pilot program to pay specified costs of
    7         driver education, licensure and costs incidental to
    8         licensure, and motor vehicle insurance for a child in
    9         care who meets certain qualifications; providing
   10         limits of the amount to be paid; requiring payments to
   11         be made in the order of eligibility until funds are
   12         exhausted; requiring the department to contract with a
   13         qualified not-for-profit entity to operate and develop
   14         procedures for the pilot program; requiring the
   15         department to submit an annual report with
   16         recommendations to the Governor and the Legislature;
   17         creating s. 743.047, F.S.; removing the disability of
   18         nonage of minors for purposes of obtaining motor
   19         vehicle insurance; requiring an order by the court for
   20         the disability of nonage to be removed; amending s.
   21         1003.48, F.S.; providing for preferential enrollment
   22         in driver education for specified children in care;
   23         providing an appropriation; providing an effective
   24         date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 409.1454, Florida Statutes, is created
   29  to read:
   30         409.1454 Motor vehicle insurance for children in care.—
   31         (1) The Legislature finds that the costs of driver
   32  education, licensure and costs incidental to licensure, and
   33  motor vehicle insurance for a child in care after such child
   34  obtains a driver license creates an additional barrier to
   35  engaging in normal age-appropriate activities and gaining
   36  independence and may limit opportunities for obtaining
   37  employment and completing educational goals. The Legislature
   38  also finds that the completion of an approved driver education
   39  course is necessary to develop safe driving skills.
   40         (2) To the extent that funding is available, the department
   41  shall establish a 3-year pilot program to pay the cost of driver
   42  education, licensure and other costs incidental to licensure,
   43  and motor vehicle insurance for children in care who have
   44  successfully completed a driver education program.
   45         (3) If a caregiver, or an individual or not-for-profit
   46  entity approved by the caregiver, adds a child to his or her
   47  existing insurance policy, the amount paid to the caregiver or
   48  approved purchaser may not exceed the increase in cost
   49  attributable to the addition of the child to the policy.
   50         (4) Payment shall be made to eligible recipients in the
   51  order of eligibility until available funds are exhausted.
   52         (5) The department shall contract with a not-for-profit
   53  entity whose mission is to support youth aging out of foster
   54  care to develop procedures for operating and administering the
   55  pilot program, including, but not limited to:
   56         (a) Determining eligibility, including responsibilities for
   57  the child and caregivers.
   58         (b) Developing application and payment forms.
   59         (c) Notifying eligible children, caregivers, group homes,
   60  and residential programs of the pilot program.
   61         (d) Providing technical assistance to lead agencies,
   62  providers, group homes, and residential programs to support
   63  removing obstacles that prevent children in foster care from
   64  driving.
   65         (6) By July 1, 2015, and annually thereafter for the
   66  duration of the pilot program, the department shall submit a
   67  report to the Governor, the President of the Senate, and the
   68  Speaker of the House of Representatives evaluating the success
   69  of and outcomes achieved by the pilot program. The report shall
   70  include a recommendation as to whether the pilot program should
   71  be continued, terminated, or expanded.
   72         Section 2. Section 743.047, Florida Statutes, is created to
   73  read:
   74         743.047 Removal of disabilities of minors; executing
   75  agreements for motor vehicle insurance.—For the purpose of
   76  ensuring that a child in foster care will be able to secure
   77  motor vehicle insurance, the disability of nonage of minors
   78  shall be removed provided that the child has reached 16 years of
   79  age, has been adjudicated dependent, is residing in an out-of
   80  home placement as defined in s. 39.01, and has completed a
   81  driver education program. Upon issuance of an order by a court
   82  of competent jurisdiction, such child is authorized to make and
   83  execute all documents, contracts, or agreements necessary for
   84  obtaining motor vehicle insurance as if the child is otherwise
   85  competent to make and execute contracts. Execution of any such
   86  contract or agreement for motor vehicle insurance has the same
   87  effect as if it were the act of a person who is not a minor. A
   88  child seeking to enter into such contract or agreement or
   89  execute other necessary instrument incidental to obtaining motor
   90  vehicle insurance must present an order from a court of
   91  competent jurisdiction removing the disabilities of nonage of
   92  the minor pursuant to this section.
   93         Section 3. Section 1003.48, Florida Statutes, is amended to
   94  read:
   95         1003.48 Instruction in operation of motor vehicles.—
   96         (1) A course of study and instruction in the safe and
   97  lawful operation of a motor vehicle shall be made available by
   98  each district school board to students in the secondary schools
   99  in the state. The secondary school shall provide preferential
  100  enrollment to a student who is in the custody of the Department
  101  of Children and Families if the student maintains appropriate
  102  progress as required by the school. As used in this section, the
  103  term “motor vehicle” has shall have the same meaning as in s.
  104  320.01(1)(a) and includes shall include motorcycles and mopeds.
  105  Instruction in motorcycle or moped operation may be limited to
  106  classroom instruction. The course may shall not be made a part
  107  of, or a substitute for, any of the minimum requirements for
  108  graduation.
  109         (2) In order to make such a course available to any
  110  secondary school student, the district school board may use any
  111  one of the following procedures or any combination thereof:
  112         (a) Use Utilize instructional personnel employed by the
  113  district school board.
  114         (b) Contract with a commercial driving school licensed
  115  under the provisions of chapter 488.
  116         (c) Contract with an instructor certified under the
  117  provisions of chapter 488.
  118         (3)(a) District school boards shall earn funds on full-time
  119  equivalent students at the appropriate basic program cost
  120  factor, regardless of the method by which such courses are
  121  offered.
  122         (4)(b) For the purpose of financing the Driver Education
  123  Program in the secondary schools, there shall be levied an
  124  additional 50 cents per year to the driver driver’s license fee
  125  required by s. 322.21. The additional fee shall be promptly
  126  remitted to the Department of Highway Safety and Motor Vehicles,
  127  which shall transmit the fee to the Chief Financial Officer to
  128  be deposited in the General Revenue Fund.
  129         (5)(4) The district school board shall prescribe standards
  130  for the course required by this section and for instructional
  131  personnel directly employed by the district school board. A Any
  132  certified instructor or licensed commercial driving school is
  133  shall be deemed sufficiently qualified and is shall not be
  134  required to meet any standards in lieu of or in addition to
  135  those prescribed under chapter 488.
  136         Section 4. The sum of $800,000 is appropriated from the
  137  General Revenue Fund to the Department of Children and Families
  138  for the purpose of implementing this act during the 2014-2015
  139  fiscal year.
  140         Section 5. This act shall take effect July 1, 2014.