HB 673

1
A bill to be entitled
2An act relating to driver's license restrictions; amending
3s. 322.16, F.S.; restricting the number of passengers
4under the age of 18 permitted in a vehicle operated by a
5person under the age of 18 unless accompanied by a driver
6at least 21 years of age; providing exceptions; providing
7for secondary enforcement; providing penalties; providing
8for applicability; amending s. 318.14, F.S.; providing
9citation procedures for a violation of such restrictions;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Present subsections (4), (5), and (6) of
15section 322.16, Florida Statutes, are renumbered as subsections
16(5), (6), and (7), respectively, and amended, and a new
17subsection (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
20her licensure, a person who has not attained 18 years of age may
21not operate a motor vehicle while a passenger is in the vehicle
22who has not attained 18 years of age unless accompanied by a
23driver who holds a valid license to operate the type of vehicle
24being operated and who is at least 21 years of age. Thereafter,
25until attaining 18 years of age, such person may not operate a
26motor vehicle while more than three passengers are in the
27vehicle who have not attained 18 years of age. This subsection
28does not apply to passengers who are siblings or children of the
29driver, whether related by whole or half blood, by affinity, or
30by adoption.
31     (b)  State and local law enforcement agencies shall enforce
32this subsection only as a secondary action when the driver of a
33motor vehicle has been detained for a suspected violation of
34another section of this chapter, chapter 316, or chapter 320.
35     (c)  This subsection applies to any person younger than 18
36years of age who is issued a driver's license on or after
37October 1, 2010.
38     (d)  This subsection does not apply to a minor whose
39disability of nonage has been removed pursuant to s. 743.01.
40     (5)(4)  The department may, upon receiving satisfactory
41evidence of any violation of the restriction upon such a
42license, except a violation of paragraph (1)(d), subsection (2),
43or subsection (3), or subsection (4), suspend or revoke the
44license, but the licensee is entitled to a hearing as upon a
45suspension or revocation under this chapter.
46     (6)(5)  It is a misdemeanor of the second degree,
47punishable as provided in s. 775.082 or s. 775.083, for any
48person to operate a motor vehicle in any manner in violation of
49the restrictions imposed in a license issued to him or her
50except for a violation of paragraph (1)(d), subsection (2), or
51subsection (3), or subsection (4).
52     (7)(6)  Any person who operates a motor vehicle in
53violation of the restrictions imposed in subsection (2), or
54subsection (3), or subsection (4) commits a noncriminal traffic
55infraction, punishable as will be charged with a moving
56violation as provided in and fined in accordance with chapter
57318.
58     Section 2.  Subsection (1) of section 318.14, Florida
59Statutes, is amended to read:
60     318.14  Noncriminal traffic infractions; exception;
61procedures.-
62     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
63person cited for a violation of chapter 316, s. 320.0605, s.
64320.07(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
66charged with a noncriminal infraction and must be cited for such
67an infraction and cited to appear before an official. If another
68person dies as a result of the noncriminal infraction, the
69person cited may be required to perform 120 community service
70hours under s. 316.027(4), in addition to any other penalties.
71     Section 3.  This act shall take effect October 1, 2010.


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