§ 74-94. Eligibility.  


Latest version.
  • (a)

    No driver's permit shall be issued to any person under the age of 18 years.

    (b)

    No driver's permit shall be issued to any person who has, within five years prior to the date of the application for such a permit, been convicted, been incarcerated, or been on probation or parole as a result of a conviction, of any crime defined by the following Florida Statutes, or their subsequent amendments, or as similarly defined in any other state, or pursuant to federal law:

    F.S. § 782.04 Murder
    F.S. § 782.07 Manslaughter; Aggravated Manslaughter of an Elderly Person or Disabled Adult; Aggravated Manslaughter of a Child
    F.S. § 782.071 Vehicular Homicide
    F.S. § 782.072 Vessel Homicide
    F.S. § 782.08 Assisting Self-Murder
    F.S. § 782.09 Killing of Unborn Child by Injury to Mother
    F.S. § 782.11 Unnecessary Killing to Prevent Unlawful Act
    F.S. § 784.011 Assault
    F.S. § 784.021 Aggravated Assault
    F.S. § 784.03 Battery
    F.S. § 784.045 Aggravated Battery
    F.S. § 784.048 Stalking
    F.S. § 784.05 Culpable Negligence
    F.S. § 784.07 Assault or Battery of Law Enforcement Officers, Firefighters, Emergency Medical Care Providers, Public Transit Employees or Agents, or Other Specified Officers
    F.S. § 784.08 Assault or Battery on Person 65 Years of Age or Older
    F.S. § 787.01 Kidnapping
    F.S. § 787.02 False Imprisonment
    F.S. § 787.03 Interference With Custody
    F.S. § 787.04 Removing Minors From State or Concealing Minors Contrary to State Agency Order or Court Order
    F.S. § 794.011 Sexual Battery
    F.S. § 794.05 Unlawful Sexual Activity With Certain Minors
    F.S. § 800.02 Unnatural And Lascivious Act
    F.S. § 800.03 Exposure of Sexual Organs
    F.S. § 800.04 Lewd, Lascivious, or Indecent Assault or Act Upon or in Presence of Child
    F.S. § 806.01 Arson
    F.S. § 806.031 Arson Resulting in Injury to Another
    F.S. § 806.10 Preventing or Obstructing Extinguishment of Fire
    F.S. § 806.111 Fire Bombs
    F.S. § 806.13 Criminal Mischief
    F.S. § 810.02 Burglary
    F.S. § 810.06 Possession of Burglary Tools
    F.S. § 812.014 Theft
    F.S. § 812.015 Retail and Farm Theft; Transit Fare Evasion
    F.S. § 812.016 Possession of Altered Property
    F.S. § 812.019 Dealing in Stolen Property
    F.S. § 812.13 Robbery
    F.S. § 817.233 Burning to Defraud the Insurer
    F.S. ch. 826 Bigamy; Incest
    F.S. ch. 827 Abuse of Children
    F.S. ch. 831 Forgery and Counterfeiting
    F.S. ch. 837 Perjury
    F.S. ch. 838 Bribery; Misuse of Public Office
    F.S. ch. 870 Affrays; Riots; Routs; Unlawful Assemblies
    F.S. ch. 872 Offenses Concerning Dead Bodies and Graves
    F.S. ch. 873 Sale of Anatomical Matter
    F.S. ch. 876 Criminal Anarchy, Treason, and Other Crimes Against Public Order
    F.S. § 877.111 Inhalation, Ingestion, Possession, Sale, Purchase or Transfer of Harmful Chemical Substances
    F.S. § 893.13 Sale, Purchase, Manufacturing, Delivery or Possession of a Controlled Substance
    F.S. § 893.135 Trafficking
    F.S. § 893.147 Use, Possession, Manufacturing, Delivery or Advertisement of Drug Paraphernalia
    F.S. ch. 895 Offenses Concerning Racketeering and Illegal Debts

     

    (c)

    No permit shall be issued to any person who has, within three years prior to the date of the application for such a permit, been convicted been, been incarcerated, or been on probation or parole as a result of a conviction, of any crime defined by the following Florida Statutes, or their subsequent amendments, or as similarly defined in any other state, or pursuant to federal law:

    F.S. § 316.192 Reckless Driving
    F.S. § 316.193 Driving Under the Influence
    F.S. § 316.1935 Fleeing or Attempting to Elude a Law Enforcement Officer; Aggravated Fleeing and Eluding
    F.S. § 790.01 Carrying Concealed Weapons
    F.S. ch. 796 Prostitution
    F.S. § 817.234 False and Fraudulent Insurance Claims
    F.S. § 817.235 Removing or Altering Identification Marks From Personal Property
    F.S. § 817.52 Obtaining Vehicles With Intent to Defraud, Failing to Return Hired Vehicle, or Tampering With Mileage Device of Hired Vehicle
    F.S. § 877.111 Inhalation, Ingestion, Possession, Sale, Purchase or Transfer of Harmful Chemical Substances

     

    (d)

    No application shall be processed for any person who has, within two years prior to the date of the application for such a permit, been convicted, been incarcerated, or been on probation or parole as a result of a conviction, of any crime not listed herein, or their subsequent amendments, or as similarly defined in any other state, or pursuant to federal law.

    (e)

    A person convicted of any of the crimes mentioned in this section within the timeframes prescribed in this section may appeal to the city council. The city council may waive the prohibition of processing the application if it feels that the applicant is rehabilitated and no longer a threat to the community.

    (f)

    Any prohibition required by this article as the result of the conviction of a crime set forth in this section shall be waived upon proof that the person's civil rights have been restored, pursuant to F.S. §§ 940.03—940.05 and F.S. §§ 944.292 and 944.293, or their subsequent amendments, or as similarly defined in any other state, or pursuant to federal law.

    (g)

    Current state driver's license required. Any person applying for a vehicle for hire driver's permit under this article must show that he has a current motor vehicle operator's license issued or approved by the State of Florida and that the license is not under suspension or revocation.

(Code 1985, § 25-58; Ord. No. 2342, § 1, 12-22-92; Ord. No. 2411, § 7, 10-19-93; Ord. No. 2860, § 16, 7-21-98; Ord. No. 5701, § 9, 8-7-07)