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





                                                   HOUSE AMENDMENT

    541-167AX-06                            Bill No. CS/CS/HB 1163

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Minton offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  This act may be cited as the "Justin Marksz

18  Teen Safety Driving Act."

19         Section 2.  Subsection (5) of section 316.614, Florida

20  Statutes, is amended to read:

21         316.614  Safety belt usage.--

22         (5)  It is unlawful for any person 18 16 years of age

23  or older to be a passenger in the front seat of a motor

24  vehicle unless such person is restrained by a safety belt when

25  the vehicle is in motion.

26         Section 3.  Section 322.05, Florida Statutes, is

27  amended to read:

28         322.05  Persons not to be licensed.--The department may

29  not issue a license:

30         (1)  To a person who is under the age of 16 years,

31  except that the department may issue a learner's driver's

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                                                   HOUSE AMENDMENT

    541-167AX-06                            Bill No. CS/CS/HB 1163

    Amendment No.     (for drafter's use only)





 1  license to a person who is at least 15 years of age and who

 2  meets the requirements of ss. 322.091 and 322.1615 and of any

 3  other applicable law or rule.

 4         (2)  To a person who is at least 16 years of age but is

 5  under 18 years of age unless the person meets the requirements

 6  of s. 322.091 and holds a valid:

 7         (a)  Learner's driver's license for at least 12 6

 8  months, with no traffic convictions, before applying for a

 9  license; or

10         (b)  Learner's driver's license for at least 12 months

11  and who has a traffic conviction but elects to attend a

12  traffic driving school for which adjudication must be withheld

13  pursuant to s. 318.14; or

14         (c)(b)  License that was issued in another state or in

15  a foreign jurisdiction and that would not be subject to

16  suspension or revocation under the laws of this state.

17         (3)  To a person who is at least 16 years of age but

18  who is under 18 years of age unless the parent, guardian, or

19  other responsible adult meeting the requirements of s. 322.09

20  certifies that he or she, or another licensed driver 21 years

21  of age or older, has accompanied the applicant for a total of

22  not less than 50 hours behind-the-wheel experience, of which

23  not less than 10 hours shall be at night This subsection is

24  not intended to create a private cause of action as a result

25  of the certification. The certification is inadmissible for

26  any purpose in any civil proceeding.

27         (4)(3)  Except as provided by this subsection, to any

28  person, as a Class A licensee, Class B licensee, Class C

29  licensee, or Class D licensee, who is under the age of 18

30  years.  A person age 16 or 17 years who applies for a Class D

31  driver's license is subject to all the requirements and

                                  2

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                                                   HOUSE AMENDMENT

    541-167AX-06                            Bill No. CS/CS/HB 1163

    Amendment No.     (for drafter's use only)





 1  provisions of ss. 322.09 and 322.16(2) and (3).  Any person

 2  who applies for a Class D driver's license who is age 16 or 17

 3  years must have had a learner's driver's license or a driver's

 4  license for at least 90 days before he or she is eligible to

 5  receive a Class D driver's license. The department may require

 6  of any such applicant for a Class D driver's license such

 7  examination of the qualifications of the applicant as the

 8  department considers proper, and the department may limit the

 9  use of any license granted as it considers proper.

10         (5)(4)  To any person whose license has been suspended,

11  during such suspension, nor to any person whose license has

12  been revoked, until the expiration of the period of revocation

13  imposed under the provisions of this chapter.

14         (6)(5)  To any person, as a commercial motor vehicle

15  operator, whose privilege to operate a commercial motor

16  vehicle has been disqualified, until the expiration of the

17  period of disqualification.

18         (7)(6)  To any person who is an habitual drunkard, or

19  is an habitual user of narcotic drugs, or is an habitual user

20  of any other drug to a degree which renders him or her

21  incapable of safely driving a motor vehicle.

22         (8)(7)  To any person who has been adjudged to be

23  afflicted with or suffering from any mental disability or

24  disease and who has not at the time of application been

25  restored to competency by the methods provided by law.

26         (9)(8)  To any person who is required by this chapter

27  to take an examination, unless such person shall have

28  successfully passed such examination.

29         (10)(9)  To any person, when the department has good

30  cause to believe that the operation of a motor vehicle on the

31  highways by such person would be detrimental to public safety

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                                                   HOUSE AMENDMENT

    541-167AX-06                            Bill No. CS/CS/HB 1163

    Amendment No.     (for drafter's use only)





 1  or welfare. Deafness alone shall not prevent the person

 2  afflicted from being issued a Class D or Class E driver's

 3  license.

 4         (11)(10)  To any person who is ineligible under s.

 5  322.056.

 6         Section 4.  Notwithstanding sections 322.05(2) and (3),

 7  Florida Statutes, a person who is at least 16 years of age but

 8  who is under 18 years of age who meets the requirements of

 9  section 322.091, Florida Statutes, and has held a valid

10  learner's driver's license for at least 6 months prior to

11  October 1, 2000, may be issued a driver's license by the

12  Division of Driver Licenses of the Department of Highway

13  Safety and Motor Vehicles.

14         Section 5.  This act shall take effect October 1, 2000.

15

16

17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19  remove from the title of the bill:  the entire title

20

21  and insert in lieu thereof:

22                  A bill to be entitled

23         An act relating to motor vehicles; providing a

24         short title; amending s. 316.614, F.S.;

25         requiring specified passengers to wear safety

26         belts; amending s. 322.05, F.S.; increasing the

27         required time period to hold a learner's

28         driver's license prior to issuance of a regular

29         license; providing additional requirements with

30         respect to the issuance of a driver's license;

31         providing an effective date.

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