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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