Senate Bill 1530e1
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CS for SB's 1530 & 1456 First Engrossed (ntc)
1 A bill to be entitled
2 An act relating to motor vehicles; amending s.
3 316.614, F.S.; requiring specified passengers
4 to wear safety belts; amending s. 322.05, F.S.;
5 increasing the required time period to hold a
6 learner's driver's license prior to issuance of
7 a regular license; providing additional
8 requirements with respect to the issuance of a
9 driver's license; providing an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. This act may be cited as the "Justin Marksz
14 Teen Safety Driving Act."
15 Section 2. Subsections (4) and (5) of section 316.614,
16 Florida Statutes, are amended to read:
17 316.614 Safety belt usage.--
18 (4) It is unlawful for any person:
19 (a) To operate a motor vehicle in this state unless
20 each passenger of the vehicle under the age of 18 16 years is
21 restrained by a safety belt or by a child restraint device
22 pursuant to s. 316.613, if applicable; or
23 (b) To operate a motor vehicle in this state unless
24 the person is restrained by a safety belt.
25 (5) It is unlawful for any person 18 16 years of age
26 or older to be a passenger in the front seat of a motor
27 vehicle unless such person is restrained by a safety belt when
28 the vehicle is in motion.
29 Section 3. Section 322.05, Florida Statutes, is
30 amended to read:
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CS for SB's 1530 & 1456 First Engrossed (ntc)
1 322.05 Persons not to be licensed.--The department may
2 not issue a license:
3 (1) To a person who is under the age of 16 years,
4 except that the department may issue a learner's driver's
5 license to a person who is at least 15 years of age and who
6 meets the requirements of ss. 322.091 and 322.1615 and of any
7 other applicable law or rule.
8 (2) To a person who is at least 16 years of age but is
9 under 18 years of age unless the person meets the requirements
10 of s. 322.091 and holds a valid:
11 (a) Learner's driver's license for at least 12 6
12 months, with no traffic convictions, before applying for a
13 license; or
14 (b) Learner's driver's license for at least 12 months
15 and who has a traffic conviction but elects to attend a
16 traffic driving school for which adjudication must be withheld
17 pursuant to s. 318.14; or
18 (c)(b) License that was issued in another state or in
19 a foreign jurisdiction and that would not be subject to
20 suspension or revocation under the laws of this state.
21 (3) To a person who is at least 16 years of age but
22 who is under 18 years of age, unless the parent, guardian, or
23 other responsible adult meeting the requirements of s. 322.09
24 certifies that he or she, or another licensed driver 21 years
25 of age or older, has accompanied the applicant for a total of
26 not less than 50 hours' behind-the-wheel experience, of which
27 not less than 10 hours must be at night. This subsection is
28 not intended to create a private cause of action as a result
29 of the certification. The certification is inadmissable for
30 any purpose in any civil proceeding.
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CS for SB's 1530 & 1456 First Engrossed (ntc)
1 (4)(3) Except as provided by this subsection, to any
2 person, as a Class A licensee, Class B licensee, Class C
3 licensee, or Class D licensee, who is under the age of 18
4 years. A person age 16 or 17 years who applies for a Class D
5 driver's license is subject to all the requirements and
6 provisions of ss. 322.09 and 322.16(2) and (3). Any person
7 who applies for a Class D driver's license who is age 16 or 17
8 years must have had a learner's driver's license or a driver's
9 license for at least 90 days before he or she is eligible to
10 receive a Class D driver's license. The department may require
11 of any such applicant for a Class D driver's license such
12 examination of the qualifications of the applicant as the
13 department considers proper, and the department may limit the
14 use of any license granted as it considers proper.
15 (5)(4) To any person whose license has been suspended,
16 during such suspension, nor to any person whose license has
17 been revoked, until the expiration of the period of revocation
18 imposed under the provisions of this chapter.
19 (6)(5) To any person, as a commercial motor vehicle
20 operator, whose privilege to operate a commercial motor
21 vehicle has been disqualified, until the expiration of the
22 period of disqualification.
23 (7)(6) To any person who is an habitual drunkard, or
24 is an habitual user of narcotic drugs, or is an habitual user
25 of any other drug to a degree which renders him or her
26 incapable of safely driving a motor vehicle.
27 (8)(7) To any person who has been adjudged to be
28 afflicted with or suffering from any mental disability or
29 disease and who has not at the time of application been
30 restored to competency by the methods provided by law.
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CS for SB's 1530 & 1456 First Engrossed (ntc)
1 (9)(8) To any person who is required by this chapter
2 to take an examination, unless such person shall have
3 successfully passed such examination.
4 (10)(9) To any person, when the department has good
5 cause to believe that the operation of a motor vehicle on the
6 highways by such person would be detrimental to public safety
7 or welfare. Deafness alone shall not prevent the person
8 afflicted from being issued a Class D or Class E driver's
9 license.
10 (11)(10) To any person who is ineligible under s.
11 322.056.
12 Section 4. Notwithstanding section 322.05(2) and (3),
13 Florida Statutes, a person who is at least 16 years of age but
14 who is under 18 years of age who meets the requirements of
15 section 322.091, Florida Statutes, and has been issued a valid
16 learner's license prior to October 1, 2000 and has held such
17 license for at least 6 months, may be issued a driver's
18 license by the Division of Driver Licenses of the Department
19 of Highway Safety and Motor Vehicles.
20 Section 5. This act shall take effect October 1, 2000.
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