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A bill to be entitled

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An act relating to driver's license restrictions; amending

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s. 322.16, F.S.; restricting the number of certain

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passengers permitted in a vehicle operated by a person

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under a certain age; providing exceptions; providing for

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secondary enforcement; providing penalties; amending s.

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318.14, F.S.; providing citation procedures for violation

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of such restrictions; providing an effective date.

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

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     Section 1.  Subsections (4), (5), and (6) of section 322.16,

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Florida Statutes, are amended and renumbered as subsections (5),

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(6), and (7), respectively, and a new subsection (4) is added to

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that section, to read:

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     322.16  License restrictions.--

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     (4)(a) During the first 6 months after the date of his or

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her licensure, a person who has not attained 18 years of age

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shall not operate a motor vehicle with any passenger in the

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vehicle who has not attained 18 years of age. Thereafter, until

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attaining 18 years of age, such person shall not operate a motor

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vehicle with more than three passengers in the vehicle who have

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not attained 18 years of age. This subsection does not apply to

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any passenger or passengers who are siblings or children of the

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driver, whether related by whole or half blood, by affinity, or

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by adoption.

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     (b) Enforcement of this subsection by state or local law

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enforcement agencies must be accomplished only as a secondary

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action when a driver of a motor vehicle has been detained for a

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suspected violation of another section of this chapter, chapter

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316, or chapter 320.

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

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evidence of any violation of the restriction upon such a license,

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

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subsection (3), or subsection (4), suspend or revoke the license,

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but the licensee is entitled to a hearing as upon a suspension or

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revocation under this chapter.

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

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as provided in s. 775.082 or s. 775.083, for any person to

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operate a motor vehicle in any manner in violation of the

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restrictions imposed in a license issued to him or her except for

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

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(3), or subsection (4).

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

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of the restrictions imposed in subsection (2), or subsection (3),

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or subsection (4) commits a noncriminal traffic infraction,

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punishable as will be charged with a moving violation as provided

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in and fined in accordance with chapter 318.

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

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Statutes, is amended to read:

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     318.14  Noncriminal traffic infractions; exception;

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procedures.--

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

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

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320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2), or

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(3), or (4), s. 322.161(5), s. 322.19, or s. 1006.66(3) is

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charged with a noncriminal infraction and must be cited for such

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an infraction and cited to appear before an official. If another

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person dies as a result of the noncriminal infraction, the person

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cited may be required to perform 120 community service hours

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under s. 316.027(4), in addition to any other penalties.

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     Section 3.  This act shall take effect October 1, 2008.