HB 0115

1
A bill to be entitled
2An act relating to highway safety; amending s. 316.650,
3F.S.; providing for a parental notification system to be
4developed by the Department of Highway Safety and Motor
5Vehicles; requiring notification to the parent, guardian,
6or other responsible adult who signed the driver license
7application of a person under 18 years of age when a
8written warning or citation has been issued to that person
9for a violation of traffic law; providing for content of
10the notification; amending s. 322.09, F.S.; requiring a
11parent, guardian, or other responsible adult signing the
12driver license application of a minor to provide certain
13contact information; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (1) of section 316.650, Florida
18Statutes, is amended to read:
19     316.650  Traffic citations; parental notification system.--
20     (1)(a)  The department shall prepare, and supply to every
21traffic enforcement agency in this state, an appropriate form
22traffic citation containing a notice to appear (which shall be
23issued in prenumbered books with citations in quintuplicate) and
24meeting the requirements of this chapter or any laws of this
25state regulating traffic, which form shall be consistent with
26the state traffic court rules and the procedures established by
27the department. Upon all future printings of the traffic
28citation, the form shall include a special box which is to be
29checked by the law enforcement officer when the officer believes
30that the traffic violation or crash was due to aggressive
31careless driving as defined in s. 316.1923.
32     (b)  The department shall prepare, and supply to every
33traffic enforcement agency in the state, an appropriate
34affidavit-of-compliance form which shall be issued along with
35the form traffic citation for any violation of s. 316.610 and
36which shall indicate the specific defect which needs to be
37corrected. However, such affidavit of compliance shall not be
38issued in the case of a violation of s. 316.610 by a commercial
39motor vehicle as defined in s. 316.003(66). Such affidavit-of-
40compliance form shall be distributed in the same manner and to
41the same parties as is the form traffic citation.
42     (c)  The department shall develop a notification system
43that shall be utilized by traffic law enforcement officers to
44assist in the notification of the parent, guardian, or other
45responsible adult who signed the application for a driver
46license of a person under 18 years of age when the officer cites
47or warns such person of a violation of traffic law. The
48notification shall include the time and date the motor vehicle
49was stopped, the reason the motor vehicle was stopped, the
50number of people in the motor vehicle, the name of the driver
51stopped, and the name of the officer who issued the citation or
52warning. Such notifications shall be mailed by the department to
53the address provided by the parent, guardian, or other
54responsible adult in compliance with s. 322.09(1)(b). If no
55address is on file pursuant to s. 322.09(1)(b), the department
56shall mail the notification to the address on record for the
57driver.
58     (d)(c)  Notwithstanding paragraphs (a), and (b), and (c), a
59traffic enforcement agency may produce uniform traffic citations
60by electronic means. Such citations must be consistent with the
61state traffic court rules and the procedures established by the
62department; must be appropriately numbered and inventoried; and
63may have fewer copies than the quintuplicate form. Affidavit-of-
64compliance forms and any form required by the parental
65notification system may also be produced by electronic means.
66     (e)(d)  The department must distribute to every traffic
67enforcement agency and to any others who request it, a traffic
68infraction reference guide describing the class of the traffic
69infraction, the penalty for the infraction, the points to be
70assessed on a driver's license, and any other information
71necessary to describe a violation and the penalties therefor.
72     Section 2.  Subsection (1) of section 322.09, Florida
73Statutes, is amended to read:
74     322.09  Application of minors; responsibility for
75negligence or misconduct of minor.--
76     (1)(a)  The application of any person under the age of 18
77years for a driver's license must be signed and verified before
78a person authorized to administer oaths by the father, mother,
79or guardian, or, if there is no parent or guardian, by another
80responsible adult who is willing to assume the obligation
81imposed under this chapter upon a person signing the application
82of a minor. This section does not apply to a person under the
83age of 18 years who is emancipated by marriage.
84     (b)  The parent, guardian, or other responsible adult
85signing the application of a minor pursuant to this section must
86furnish an address with the application for the purpose of being
87contacted in the event that the minor applicant is issued a
88written warning or a citation for a violation of traffic law.
89     (c)(b)  There shall be submitted with each application a
90certified copy of a United States birth certificate, a valid
91United States passport, an alien registration receipt card
92(green card), an employment authorization card issued by the
93United States Department of Homeland Security, or proof of
94nonimmigrant classification provided by the United States
95Department of Homeland Security, for an original license.
96     Section 3.  This act shall take effect October 1, 2005.


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