| 1 | A bill to be entitled |
| 2 | An act relating to traffic control; amending s. 316.1945, |
| 3 | F.S.; prohibiting stopping a vehicle in a school zone to |
| 4 | load or unload passengers when the school zone speed limit |
| 5 | is in force; providing exceptions; amending s. 316.650, |
| 6 | F.S.; providing for a parental notification system to be |
| 7 | developed by the Department of Highway Safety and Motor |
| 8 | Vehicles; requiring the form to be completed by a traffic |
| 9 | enforcement officer upon issuing a traffic citation or a |
| 10 | written warning to a person under 18 years of age; |
| 11 | requiring the department to provide such notification to |
| 12 | the parent, guardian, or other responsible adult who |
| 13 | signed the driver's license application; amending s. |
| 14 | 322.09, F.S.; requiring a parent, guardian, or other |
| 15 | responsible adult signing the driver license application |
| 16 | of a minor to provide certain contact information; |
| 17 | providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Paragraph (d) is added to subsection (1) of |
| 22 | section 316.1945, Florida Statutes, to read: |
| 23 | 316.1945 Stopping, standing, or parking prohibited in |
| 24 | specified places.-- |
| 25 | (1) Except when necessary to avoid conflict with other |
| 26 | traffic, or in compliance with law or the directions of a police |
| 27 | officer or official traffic control device, no person shall: |
| 28 | d) Stop a vehicle within a school zone, as described in s. |
| 29 | 316.1895, of any public or private elementary school to load or |
| 30 | unload passengers during such times as the school zone speed |
| 31 | limit is in force, except in a designated loading and unloading |
| 32 | area. This paragraph shall not be construed to prohibit parking |
| 33 | in a school zone. |
| 34 | Section 2. Subsection (1) of section 316.650, Florida |
| 35 | Statutes, is amended to read: |
| 36 | 316.650 Traffic citations; parental notification forms.-- |
| 37 | (1)(a) The department shall prepare, and supply to every |
| 38 | traffic enforcement agency in this state, an appropriate form |
| 39 | traffic citation containing a notice to appear (which shall be |
| 40 | issued in prenumbered books with citations in quintuplicate) and |
| 41 | meeting the requirements of this chapter or any laws of this |
| 42 | state regulating traffic, which form shall be consistent with |
| 43 | the state traffic court rules and the procedures established by |
| 44 | the department. Upon all future printings of the traffic |
| 45 | citation, the form shall include a special box which is to be |
| 46 | checked by the law enforcement officer when the officer believes |
| 47 | that the traffic violation or crash was due to aggressive |
| 48 | careless driving as defined in s. 316.1923. |
| 49 | (b) The department shall prepare, and supply to every |
| 50 | traffic enforcement agency in the state, an appropriate |
| 51 | affidavit-of-compliance form which shall be issued along with |
| 52 | the form traffic citation for any violation of s. 316.610 and |
| 53 | which shall indicate the specific defect which needs to be |
| 54 | corrected. However, such affidavit of compliance shall not be |
| 55 | issued in the case of a violation of s. 316.610 by a commercial |
| 56 | motor vehicle as defined in s. 316.003(66). Such affidavit-of- |
| 57 | compliance form shall be distributed in the same manner and to |
| 58 | the same parties as is the form traffic citation. |
| 59 | (c) The department shall develop a notification system |
| 60 | that shall be utilized by traffic enforcement officers to assist |
| 61 | in the notification of the parent of any driver under 18 years |
| 62 | of age when the officer issues a citation or written warning to |
| 63 | such driver for a violation of law. The notification shall |
| 64 | include the time and date the vehicle was stopped, the reason |
| 65 | for the stop, the number of people in the vehicle, the name of |
| 66 | the person stopped, and the name of the officer. The |
| 67 | notification shall be mailed by the department within 10 days to |
| 68 | the address provided by the parent, guardian, or other |
| 69 | responsible adult who signed the license application of the |
| 70 | driver in compliance with s. 322.09(1). If no address is on file |
| 71 | pursuant to s. 322.09(1)(b), the department shall mail the |
| 72 | notification to the address on record for the driver. The |
| 73 | department has authority to adopt rules pursuant to ss. |
| 74 | 120.536(1) and 120.54 to implement the provisions of this |
| 75 | paragraph. |
| 76 | (d)(c) Notwithstanding paragraphs (a), and (b), and (c), a |
| 77 | traffic enforcement agency may produce uniform traffic citations |
| 78 | by electronic means. Such citations must be consistent with the |
| 79 | state traffic court rules and the procedures established by the |
| 80 | department; must be appropriately numbered and inventoried; and |
| 81 | may have fewer copies than the quintuplicate form. Affidavit-of- |
| 82 | compliance forms and parental notification forms may also be |
| 83 | produced by electronic means. |
| 84 | (e)(d) The department must distribute to every traffic |
| 85 | enforcement agency and to any others who request it, a traffic |
| 86 | infraction reference guide describing the class of the traffic |
| 87 | infraction, the penalty for the infraction, the points to be |
| 88 | assessed on a driver's license, and any other information |
| 89 | necessary to describe a violation and the penalties therefor. |
| 90 | Section 3. Subsection (1) of section 322.09, Florida |
| 91 | Statutes, is amended to read: |
| 92 | 322.09 Application of minors; responsibility for |
| 93 | negligence or misconduct of minor.-- |
| 94 | (1)(a) The application of any person under the age of 18 |
| 95 | years for a driver's license must be signed and verified before |
| 96 | a person authorized to administer oaths by the father, mother, |
| 97 | or guardian, or, if there is no parent or guardian, by another |
| 98 | responsible adult who is willing to assume the obligation |
| 99 | imposed under this chapter upon a person signing the application |
| 100 | of a minor. This section does not apply to a person under the |
| 101 | age of 18 years who is emancipated by marriage. |
| 102 | (b) The parent, guardian, or other responsible adult |
| 103 | signing the application of a minor pursuant to this section must |
| 104 | furnish an address with the application for the purpose of being |
| 105 | contacted in the event that the minor applicant is issued a |
| 106 | written warning or a citation for a violation of law. |
| 107 | (c)(b) There shall be submitted with each application a |
| 108 | certified copy of a United States birth certificate, a valid |
| 109 | United States passport, an alien registration receipt card |
| 110 | (green card), an employment authorization card issued by the |
| 111 | United States Department of Justice, or proof of nonimmigrant |
| 112 | classification provided by the United States Department of |
| 113 | Justice, for an original license. |
| 114 | Section 4. This act shall take effect July 1, 2004. |