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 |
|
19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
|
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. |