(1) The department may issue a learner’s driver’s license to a person who is at least 15 years of age and who:

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   (a) Has passed the written examination for a learner’s driver’s license;

   (b) Has passed the vision and hearing examination administered under s. 322.12;

   (c) Has completed the traffic law and substance abuse education course prescribed in s. 322.095; and

   (d) Meets all other requirements set forth in law and by rule of the department.

   (2) When operating a motor vehicle, the holder of a learner’s driver’s license must be accompanied at all times by a driver who:

   (a) Holds a valid license to operate the type of vehicle being operated;

   (b) Is at least 21 years of age; and

   (c) Occupies the closest seat to the right of the driver of the motor vehicle.

   (3) A person who holds a learner’s driver’s license may operate a vehicle only during daylight hours, except that the holder of a learner’s driver’s license may operate a vehicle until 10 p.m. after 3 months following the issuance of the learner’s driver’s license.

   (4) A licensee who violates subsection (2) or subsection (3) is subject to the civil penalty imposed for a moving violation as set forth in chapter 318.

s. 5, ch. 96-414; s. 38, ch. 97-300; s. 42, ch. 99-248.