Senate Bill sb2000

    Florida Senate - 2007                                  SB 2000

    By Senator Lynn





    7-809-07                                            See HB 239

  1                      A bill to be entitled

  2         An act relating to driver's license

  3         restrictions; amending s. 322.16, F.S.;

  4         restricting the number of certain passengers

  5         permitted in a vehicle operated by a person

  6         under a certain age; providing exceptions;

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

  8         providing citation procedures for violation of

  9         said restrictions; providing an effective date.

10  

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

12  

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

14  322.16, Florida Statutes, are amended and renumbered as

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

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

17         322.16  License restrictions.--

18         (4)  A person who holds a driver's license who has not

19  attained 18 years of age shall not operate a motor vehicle

20  with more than one passenger in the vehicle who has not

21  attained 18 years of age unless any additional passenger or

22  passengers who have not attained 18 years of age are siblings

23  or children of the driver, whether related by the whole or

24  half blood, by affinity, or by adoption.

25         (5)(4)  The department may, upon receiving satisfactory

26  evidence of any violation of the restriction upon such a

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

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

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

30  a suspension or revocation under this chapter.

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






    Florida Senate - 2007                                  SB 2000
    7-809-07                                            See HB 239




 1         (6)(5)  It is a misdemeanor of the second degree,

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

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

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

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

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

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

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

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

10  traffic infraction, punishable as will be charged with a

11  moving violation as provided in and fined in accordance with

12  chapter 318.

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

14  Statutes, is amended to read:

15         318.14  Noncriminal traffic infractions; exception;

16  procedures.--

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

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

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

20  322.16(2), or (3), or (4), s. 322.161(5), s. 322.19, or s.

21  1006.66(3) is charged with a noncriminal infraction and must

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

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

24  noncriminal infraction, the person cited may be required to

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

26  addition to any other penalties.

27         Section 3.  This act shall take effect October 1, 2007.

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