Senate Bill sb1698

    Florida Senate - 2005                                  SB 1698

    By Senator Bullard





    39-1617-05                                              See HB

  1                      A bill to be entitled

  2         An act relating to driver license restrictions;

  3         amending s. 322.16, F.S.; restricting the

  4         number of certain passengers permitted in a

  5         vehicle operated by a person under a certain

  6         age; providing for exceptions; providing

  7         penalties; amending s. 318.14, F.S.; providing

  8         citation procedures for violation of said

  9         restrictions; amending s. 322.05, F.S.;

10         providing for application of said restrictions

11         to requirements for issuance of driver

12         licenses; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsections (4), (5), and (6) of section

17  322.16, Florida Statutes, are amended and renumbered as

18  subsections (5), (6), and (7), respectively, and a new

19  subsection (4) is added to that section, to read:

20         322.16  License restrictions.--

21         (4)  A person who holds a driver's license who is under

22  18 years of age shall not operate a motor vehicle with more

23  than one passenger in the vehicle who is under 18 years of

24  age, unless any additional passenger or passengers under 18

25  years of age are siblings or children of the driver, whether

26  related by the whole or half blood, by affinity, or by

27  adoption.

28         (5)(4)  The department may, upon receiving satisfactory

29  evidence of any violation of the restriction upon such a

30  license, except a violation of paragraph (1)(d), subsection

31  (2), or subsection (3), or subsection (4), suspend or revoke

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






    Florida Senate - 2005                                  SB 1698
    39-1617-05                                              See HB




 1  the license, but the licensee is entitled to a hearing as upon

 2  a suspension or revocation under this chapter.

 3         (6)(5)  It is a misdemeanor of the second degree,

 4  punishable as provided in s. 775.082 or s. 775.083, for any

 5  person to operate a motor vehicle in any manner in violation

 6  of the restrictions imposed in a license issued to him or her

 7  except for a violation of paragraph (1)(d), subsection (2), or

 8  subsection (3), or subsection (4).

 9         (7)(6)  Any person who operates a motor vehicle in

10  violation of the restrictions imposed in subsection (2), or

11  subsection (3), or subsection (4) commits a noncriminal

12  traffic infraction, punishable as will be charged with a

13  moving violation as provided in and fined in accordance with

14  chapter 318.

15         Section 2.  Subsection (1) of section 318.14, Florida

16  Statutes, is amended to read:

17         318.14  Noncriminal traffic infractions; exception;

18  procedures.--

19         (1)  Except as provided in ss. 318.17 and 320.07(3)(c),

20  any person cited for a violation of chapter 316, s. 320.0605,

21  s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s.

22  322.16(2), or (3), or (4), s. 322.161(5), s. 322.19, or s.

23  1006.66(3) is charged with a noncriminal infraction and must

24  be cited for such an infraction and cited to appear before an

25  official. If another person dies as a result of the

26  noncriminal infraction, the person cited may be required to

27  perform 120 community service hours under s. 316.027(4), in

28  addition to any other penalties.

29         Section 3.  Subsection (4) of section 322.05, Florida

30  Statutes, is amended to read:

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    Florida Senate - 2005                                  SB 1698
    39-1617-05                                              See HB




 1         322.05  Persons not to be licensed.--The department may

 2  not issue a license:

 3         (4)  Except as provided by this subsection, to any

 4  person, as a Class A licensee, Class B licensee, Class C

 5  licensee, or Class D licensee, who is under the age of 18

 6  years of age. A person age 16 or 17 years of age who applies

 7  for a Class D driver's license is subject to all the

 8  requirements and provisions of paragraphs (2)(a) and (b) and

 9  ss. 322.09 and 322.16(2), and (3), and (4). The department may

10  require of any such applicant for a Class D driver's license

11  such examination of the qualifications of the applicant as the

12  department considers proper, and the department may limit the

13  use of any license granted as it considers proper.

14         Section 4.  This act shall take effect October 1, 2005.

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