HB 1247

1
A bill to be entitled
2An act relating to traffic control; amending s. 316.1945,
3F.S.; prohibiting stopping a vehicle in a school zone to
4load or unload passengers when the school zone speed limit
5is in force; providing exceptions; amending s. 316.650,
6F.S.; providing for a parental notification system to be
7developed by the Department of Highway Safety and Motor
8Vehicles; requiring the form to be completed by a traffic
9enforcement officer upon issuing a traffic citation or a
10written warning to a person under 18 years of age;
11requiring the department to provide such notification to
12the parent, guardian, or other responsible adult who
13signed the driver's license application; amending s.
14322.09, F.S.; requiring a parent, guardian, or other
15responsible adult signing the driver license application
16of a minor to provide certain contact information;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Paragraph (d) is added to subsection (1) of
22section 316.1945, Florida Statutes, to read:
23     316.1945  Stopping, standing, or parking prohibited in
24specified places.--
25     (1)  Except when necessary to avoid conflict with other
26traffic, or in compliance with law or the directions of a police
27officer or official traffic control device, no person shall:
28     d)  Stop a vehicle within a school zone, as described in s.
29316.1895, of any public or private elementary school to load or
30unload passengers during such times as the school zone speed
31limit is in force, except in a designated loading and unloading
32area. This paragraph shall not be construed to prohibit parking
33in a school zone.
34     Section 2.  Subsection (1) of section 316.650, Florida
35Statutes, is amended to read:
36     316.650  Traffic citations; parental notification forms.--
37     (1)(a)  The department shall prepare, and supply to every
38traffic enforcement agency in this state, an appropriate form
39traffic citation containing a notice to appear (which shall be
40issued in prenumbered books with citations in quintuplicate) and
41meeting the requirements of this chapter or any laws of this
42state regulating traffic, which form shall be consistent with
43the state traffic court rules and the procedures established by
44the department. Upon all future printings of the traffic
45citation, the form shall include a special box which is to be
46checked by the law enforcement officer when the officer believes
47that the traffic violation or crash was due to aggressive
48careless driving as defined in s. 316.1923.
49     (b)  The department shall prepare, and supply to every
50traffic enforcement agency in the state, an appropriate
51affidavit-of-compliance form which shall be issued along with
52the form traffic citation for any violation of s. 316.610 and
53which shall indicate the specific defect which needs to be
54corrected. However, such affidavit of compliance shall not be
55issued in the case of a violation of s. 316.610 by a commercial
56motor vehicle as defined in s. 316.003(66). Such affidavit-of-
57compliance form shall be distributed in the same manner and to
58the same parties as is the form traffic citation.
59     (c)  The department shall develop a notification system
60that shall be utilized by traffic enforcement officers to assist
61in the notification of the parent of any driver under 18 years
62of age when the officer issues a citation or written warning to
63such driver for a violation of law. The notification shall
64include the time and date the vehicle was stopped, the reason
65for the stop, the number of people in the vehicle, the name of
66the person stopped, and the name of the officer. The
67notification shall be mailed by the department within 10 days to
68the address provided by the parent, guardian, or other
69responsible adult who signed the license application of the
70driver in compliance with s. 322.09(1). If no address is on file
71pursuant to s. 322.09(1)(b), the department shall mail the
72notification to the address on record for the driver. The
73department has authority to adopt rules pursuant to ss.
74120.536(1) and 120.54 to implement the provisions of this
75paragraph.
76     (d)(c)  Notwithstanding paragraphs (a), and (b), and (c), a
77traffic enforcement agency may produce uniform traffic citations
78by electronic means. Such citations must be consistent with the
79state traffic court rules and the procedures established by the
80department; must be appropriately numbered and inventoried; and
81may have fewer copies than the quintuplicate form. Affidavit-of-
82compliance forms and parental notification forms may also be
83produced by electronic means.
84     (e)(d)  The department must distribute to every traffic
85enforcement agency and to any others who request it, a traffic
86infraction reference guide describing the class of the traffic
87infraction, the penalty for the infraction, the points to be
88assessed on a driver's license, and any other information
89necessary to describe a violation and the penalties therefor.
90     Section 3.  Subsection (1) of section 322.09, Florida
91Statutes, is amended to read:
92     322.09  Application of minors; responsibility for
93negligence or misconduct of minor.--
94     (1)(a)  The application of any person under the age of 18
95years for a driver's license must be signed and verified before
96a person authorized to administer oaths by the father, mother,
97or guardian, or, if there is no parent or guardian, by another
98responsible adult who is willing to assume the obligation
99imposed under this chapter upon a person signing the application
100of a minor. This section does not apply to a person under the
101age of 18 years who is emancipated by marriage.
102     (b)  The parent, guardian, or other responsible adult
103signing the application of a minor pursuant to this section must
104furnish an address with the application for the purpose of being
105contacted in the event that the minor applicant is issued a
106written warning or a citation for a violation of law.
107     (c)(b)  There shall be submitted with each application a
108certified copy of a United States birth certificate, a valid
109United States passport, an alien registration receipt card
110(green card), an employment authorization card issued by the
111United States Department of Justice, or proof of nonimmigrant
112classification provided by the United States Department of
113Justice, for an original license.
114     Section 4.  This act shall take effect July 1, 2004.


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