1 | A bill to be entitled |
2 | An act relating to driver's license restrictions; amending |
3 | s. 322.16, F.S.; restricting the number of passengers |
4 | under the age of 18 permitted in a vehicle operated by a |
5 | person under the age of 18 unless accompanied by a driver |
6 | at least 21 years of age; providing exceptions; providing |
7 | for secondary enforcement; providing penalties; providing |
8 | for applicability; amending s. 318.14, F.S.; providing |
9 | citation procedures for a violation of such restrictions; |
10 | providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Present subsections (4), (5), and (6) of |
15 | section 322.16, Florida Statutes, are renumbered as subsections |
16 | (5), (6), and (7), respectively, and amended, and a new |
17 | subsection (4) is added to that section, to read: |
18 | 322.16 License restrictions.- |
19 | (4)(a) During the first 6 months after the date of his or |
20 | her licensure, a person who has not attained 18 years of age may |
21 | not operate a motor vehicle while a passenger is in the vehicle |
22 | who has not attained 18 years of age unless accompanied by a |
23 | driver who holds a valid license to operate the type of vehicle |
24 | being operated and who is at least 21 years of age. Thereafter, |
25 | until attaining 18 years of age, such person may not operate a |
26 | motor vehicle while more than three passengers are in the |
27 | vehicle who have not attained 18 years of age. This subsection |
28 | does not apply to passengers who are siblings or children of the |
29 | driver, whether related by whole or half blood, by affinity, or |
30 | by adoption. |
31 | (b) State and local law enforcement agencies shall enforce |
32 | this subsection only as a secondary action when the driver of a |
33 | motor vehicle has been detained for a suspected violation of |
34 | another section of this chapter, chapter 316, or chapter 320. |
35 | (c) This subsection applies to any person younger than 18 |
36 | years of age who is issued a driver's license on or after |
37 | October 1, 2010. |
38 | (d) This subsection does not apply to a minor whose |
39 | disability of nonage has been removed pursuant to s. 743.01. |
40 | (5)(4) The department may, upon receiving satisfactory |
41 | evidence of any violation of the restriction upon such a |
42 | license, except a violation of paragraph (1)(d), subsection (2), |
43 | or subsection (3), or subsection (4), suspend or revoke the |
44 | license, but the licensee is entitled to a hearing as upon a |
45 | suspension or revocation under this chapter. |
46 | (6)(5) It is a misdemeanor of the second degree, |
47 | punishable as provided in s. 775.082 or s. 775.083, for any |
48 | person to operate a motor vehicle in any manner in violation of |
49 | the restrictions imposed in a license issued to him or her |
50 | except for a violation of paragraph (1)(d), subsection (2), or |
51 | subsection (3), or subsection (4). |
52 | (7)(6) Any person who operates a motor vehicle in |
53 | violation of the restrictions imposed in subsection (2), or |
54 | subsection (3), or subsection (4) commits a noncriminal traffic |
55 | infraction, punishable as will be charged with a moving |
56 | violation as provided in and fined in accordance with chapter |
57 | 318. |
58 | Section 2. Subsection (1) of section 318.14, Florida |
59 | Statutes, is amended to read: |
60 | 318.14 Noncriminal traffic infractions; exception; |
61 | procedures.- |
62 | (1) Except as provided in ss. 318.17 and 320.07(3)(c), any |
63 | person cited for a violation of chapter 316, s. 320.0605, s. |
64 | 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2), or |
65 | (3), or (4), s. 322.161(5), s. 322.19, or s. 1006.66(3) is |
66 | charged with a noncriminal infraction and must be cited for such |
67 | an infraction and cited to appear before an official. If another |
68 | person dies as a result of the noncriminal infraction, the |
69 | person cited may be required to perform 120 community service |
70 | hours under s. 316.027(4), in addition to any other penalties. |
71 | Section 3. This act shall take effect October 1, 2010. |