Bill Text: FL H0673 | 2010 | Regular Session | Introduced

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Bill Title: Driver's License Restrictions

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - Died in Committee on Roads, Bridges, & Ports Policy (EDCA) [H0673 Detail]

Download: Florida-2010-H0673-Introduced.html

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HB 673

1	A bill to be entitled
2	An act relating to driver's license restrictions; amending
3	s. 322.16, F.S.; restricting the number of passengers
4	under the age of 18 permitted in a vehicle operated by a
5	person under the age of 18 unless accompanied by a driver
6	at least 21 years of age; providing exceptions; providing
7	for secondary enforcement; providing penalties; providing
8	for applicability; amending s. 318.14, F.S.; providing
9	citation procedures for a violation of such restrictions;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Present subsections (4), (5), and (6) of
15	section 322.16, Florida Statutes, are renumbered as subsections
16	(5), (6), and (7), respectively, and amended, and a new
17	subsection (4) is added to that section, to read:
18	322.16 License restrictions.-
19	(4)(a) During the first 6 months after the date of his or
20	her licensure, a person who has not attained 18 years of age may
21	not operate a motor vehicle while a passenger is in the vehicle
22	who has not attained 18 years of age unless accompanied by a
23	driver who holds a valid license to operate the type of vehicle
24	being operated and who is at least 21 years of age. Thereafter,
25	until attaining 18 years of age, such person may not operate a
26	motor vehicle while more than three passengers are in the
27	vehicle who have not attained 18 years of age. This subsection
28	does not apply to passengers who are siblings or children of the
29	driver, whether related by whole or half blood, by affinity, or
30	by adoption.
31	(b) State and local law enforcement agencies shall enforce
32	this subsection only as a secondary action when the driver of a
33	motor vehicle has been detained for a suspected violation of
34	another section of this chapter, chapter 316, or chapter 320.
35	(c) This subsection applies to any person younger than 18
36	years of age who is issued a driver's license on or after
37	October 1, 2010.
38	(d) This subsection does not apply to a minor whose
39	disability of nonage has been removed pursuant to s. 743.01.
40	(5)(4) The department may, upon receiving satisfactory
41	evidence of any violation of the restriction upon such a
42	license, except a violation of paragraph (1)(d), subsection (2),
43	or subsection (3), or subsection (4), suspend or revoke the
44	license, but the licensee is entitled to a hearing as upon a
45	suspension or revocation under this chapter.
46	(6)(5) It is a misdemeanor of the second degree,
47	punishable as provided in s. 775.082 or s. 775.083, for any
48	person to operate a motor vehicle in any manner in violation of
49	the restrictions imposed in a license issued to him or her
50	except for a violation of paragraph (1)(d), subsection (2), or
51	subsection (3), or subsection (4).
52	(7)(6) Any person who operates a motor vehicle in
53	violation of the restrictions imposed in subsection (2), or
54	subsection (3), or subsection (4) commits a noncriminal traffic
55	infraction, punishable as will be charged with a moving
56	violation as provided in and fined in accordance with chapter
57	318.
58	Section 2. Subsection (1) of section 318.14, Florida
59	Statutes, is amended to read:
60	318.14 Noncriminal traffic infractions; exception;
61	procedures.-
62	(1) Except as provided in ss. 318.17 and 320.07(3)(c), any
63	person cited for a violation of chapter 316, s. 320.0605, s.
64	320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2), or
65	(3), or (4), s. 322.161(5), s. 322.19, or s. 1006.66(3) is
66	charged with a noncriminal infraction and must be cited for such
67	an infraction and cited to appear before an official. If another
68	person dies as a result of the noncriminal infraction, the
69	person cited may be required to perform 120 community service
70	hours under s. 316.027(4), in addition to any other penalties.
71	Section 3. This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.