Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1840
       
       
       
       
       
       
                                Barcode 618632                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2011           .                                
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       The Committee on Transportation (Benacquisto) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Minor Traffic
    6  Safety Act.”
    7         Section 2. Section 316.3035, Florida Statutes, is created
    8  to read:
    9         316.3035Wireless communications devices prohibited;
   10  persons under 18.—
   11         (1)(a) A person younger than 18 years of age may not
   12  operate a motor vehicle while using a wireless communications
   13  device or telephone in any manner.
   14         (b) This subsection does not apply to a person using a
   15  wireless communications device to:
   16         1. Report illegal activity;
   17         2. Summon medical or other emergency help; or
   18         3. Prevent injury to a person or damage to property.
   19         (2) Enforcement of this section by state or local law
   20  enforcement agencies must be accomplished only as a secondary
   21  action when an operator of a motor vehicle has been detained for
   22  a suspected violation of another provision of this chapter,
   23  chapter 320, or chapter 322.
   24         (3) A person who violates this section commits a
   25  noncriminal traffic infraction, punishable as a nonmoving
   26  violation as provided in chapter 318, and shall have his or her
   27  driver’s license suspended for 30 days as set forth in s.
   28  322.27.
   29         Section 3. Subsection (1) of section 318.14, Florida
   30  Statutes, is amended to read:
   31         318.14 Noncriminal traffic infractions; exception;
   32  procedures.—
   33         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
   34  person cited for a violation of chapter 316, s. 320.0605, s.
   35  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2), or
   36  (3), or (4), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged
   37  with a noncriminal infraction and must be cited for such an
   38  infraction and cited to appear before an official. If another
   39  person dies as a result of the noncriminal infraction, the
   40  person cited may be required to perform 120 community service
   41  hours under s. 316.027(4), in addition to any other penalties.
   42         Section 4. Paragraph (a) of subsection (2) of section
   43  318.1451, Florida Statutes, is amended to read:
   44         318.1451 Driver improvement schools.—
   45         (2)(a) In determining whether to approve the courses
   46  referenced in this section, the department shall consider course
   47  content designed to promote safety, driver awareness, crash
   48  avoidance techniques, awareness of the risks associated with
   49  using handheld electronic communication devices while operating
   50  a motor vehicle, and other factors or criteria to improve driver
   51  performance from a safety viewpoint. The department is
   52  authorized to require that course curricula be updated to meet
   53  evolving driver-safety issues.
   54         Section 5. Paragraph (o) is added to subsection (15) of
   55  section 320.02, Florida Statutes, to read:
   56         320.02 Registration required; application for registration;
   57  forms.—
   58         (15) 
   59         (o)  Notwithstanding s. 26 of chapter 2010-223, Laws of
   60  Florida, the application form for motor vehicle registration and
   61  renewal registration must include a provision permitting a
   62  voluntary contribution of $1 or more per applicant, to be
   63  distributed to the Auto Club South Traffic Safety Foundation, a
   64  nonprofit organization. Funds received by the foundation shall
   65  be used to improve traffic safety culture in communities through
   66  effective outreach, education, and activities that will save
   67  lives, reduce injuries, and prevent crashes. The foundation must
   68  comply with s. 320.023.
   69  
   70  For the purpose of applying the service charge provided in s.
   71  215.20, contributions received under this subsection are not
   72  income of a revenue nature.
   73         Section 6. Subsection (5) of section 322.0261, Florida
   74  Statutes, is amended to read:
   75         322.0261 Driver improvement course; requirement to maintain
   76  driving privileges; failure to complete; department approval of
   77  course.—
   78         (5) In determining whether to approve a driver improvement
   79  course for the purposes of this section, the department shall
   80  consider course content designed to promote safety, driver
   81  awareness, crash avoidance techniques, awareness of the risks
   82  associated with using handheld electronic communication devices
   83  while operating a motor vehicle, and other factors or criteria
   84  to improve driver performance from a safety viewpoint. The
   85  department is authorized to require that course curricula be
   86  updated to meet evolving driver safety issues.
   87         Section 7. Subsection (7) of section 322.08, Florida
   88  Statutes, is amended to read:
   89         322.08 Application for license; requirements for license
   90  and identification card forms.—
   91         (7) The application form for an original, renewal, or
   92  replacement driver’s license or identification card shall
   93  include language permitting the following:
   94         (a) A voluntary contribution of $1 per applicant, which
   95  contribution shall be deposited into the Health Care Trust Fund
   96  for organ and tissue donor education and for maintaining the
   97  organ and tissue donor registry.
   98         (b) A voluntary contribution of $1 per applicant, which
   99  contribution shall be distributed to the Florida Council of the
  100  Blind.
  101         (c) A voluntary contribution of $2 per applicant, which
  102  shall be distributed to the Hearing Research Institute,
  103  Incorporated.
  104         (d) A voluntary contribution of $1 per applicant, which
  105  shall be distributed to the Juvenile Diabetes Foundation
  106  International.
  107         (e) A voluntary contribution of $1 per applicant, which
  108  shall be distributed to the Children’s Hearing Help Fund.
  109         (f) A voluntary contribution of $1 per applicant, which
  110  shall be distributed to Family First, a nonprofit organization.
  111         (g) A voluntary contribution of $1 per applicant to Stop
  112  Heart Disease, which shall be distributed to the Florida Heart
  113  Research Institute, a nonprofit organization.
  114         (h) A voluntary contribution of $1 per applicant to Senior
  115  Vision Services, which shall be distributed to the Florida
  116  Association of Agencies Serving the Blind, Inc., a not-for
  117  profit organization.
  118         (i) A voluntary contribution of $1 per applicant for
  119  services for persons with developmental disabilities, which
  120  shall be distributed to The Arc of Florida.
  121         (j) A voluntary contribution of $1 to the Ronald McDonald
  122  House, which shall be distributed each month to Ronald McDonald
  123  House Charities of Tampa Bay, Inc.
  124         (k) Notwithstanding s. 322.081, a voluntary contribution of
  125  $1 per applicant, which shall be distributed to the League
  126  Against Cancer/La Liga Contra el Cancer, a not-for-profit
  127  organization.
  128         (l) A voluntary contribution of $1 per applicant to Prevent
  129  Child Sexual Abuse, which shall be distributed to Lauren’s Kids,
  130  Inc., a nonprofit organization.
  131         (m) A voluntary contribution of $1 per applicant, which
  132  shall be distributed to Prevent Blindness Florida, a not-for
  133  profit organization, to prevent blindness and preserve the sight
  134  of the residents of this state.
  135         (n) Notwithstanding s. 322.081, a voluntary contribution of
  136  $1 per applicant to the state homes for veterans, to be
  137  distributed on a quarterly basis by the department to the State
  138  Homes for Veterans Trust Fund, which is administered by the
  139  Department of Veterans’ Affairs.
  140         (o)  Notwithstanding s. 26 of chapter 2010-223, Laws of
  141  Florida, a voluntary contribution of $1 or more per applicant to
  142  the Auto Club South Traffic Safety Foundation, a nonprofit
  143  organization. Funds received by the foundation shall be used to
  144  improve traffic safety culture in communities through effective
  145  outreach, education, and activities that will save lives, reduce
  146  injuries, and prevent crashes. The foundation must comply with
  147  s. 322.081.
  148  
  149  A statement providing an explanation of the purpose of the trust
  150  funds shall also be included. For the purpose of applying the
  151  service charge provided in s. 215.20, contributions received
  152  under paragraphs (b)-(o) (b)-(n) are not income of a revenue
  153  nature.
  154         Section 8. Subsection (1) of section 322.095, Florida
  155  Statutes, is amended to read:
  156         322.095 Traffic law and substance abuse education program
  157  for driver’s license applicants.—
  158         (1) The Department of Highway Safety and Motor Vehicles
  159  must approve traffic law and substance abuse education courses
  160  that must be completed by applicants for a Florida driver’s
  161  license. The curricula for the courses must provide instruction
  162  on the physiological and psychological consequences of the abuse
  163  of alcohol and other drugs, the societal and economic costs of
  164  alcohol and drug abuse, the effects of alcohol and drug abuse on
  165  the driver of a motor vehicle, awareness of the risks associated
  166  with using handheld electronic communication devices while
  167  operating a motor vehicle, and the laws of this state relating
  168  to the operation of a motor vehicle. All instructors teaching
  169  the courses shall be certified by the department. The department
  170  is authorized to require that course curricula be updated to
  171  meet evolving driver safety issues.
  172         Section 9. Present subsections (4), (5), and (6) of section
  173  322.16, Florida Statutes, are renumbered as subsections (5),
  174  (6), and (7), respectively, and amended, and a new subsection
  175  (4) is added to that section, to read:
  176         322.16 License restrictions.—
  177         (4)(a) A person who has not attained 18 years of age may
  178  not operate a motor vehicle while more than three passengers are
  179  in the vehicle who have not attained 18 years of age unless
  180  accompanied by a driver who holds a valid license to operate the
  181  type of vehicle being operated and who is at least 21 years of
  182  age. This subsection does not apply to passengers who are
  183  siblings or children of the driver, whether related by whole or
  184  half blood, by affinity, or by adoption.
  185         (b) State and local law enforcement agencies shall enforce
  186  this subsection only as a secondary action when the driver of a
  187  motor vehicle has been detained for a suspected violation of
  188  another section of this chapter, chapter 316, or chapter 320.
  189         (c) This subsection applies to any person younger than 18
  190  years of age who is issued a driver’s license on or after
  191  October 1, 2011.
  192         (5)(4) The department may, upon receiving satisfactory
  193  evidence of any violation of the restriction upon such a
  194  license, except a violation of paragraph (1)(d), subsection (2),
  195  or subsection (3), or subsection (4), suspend or revoke the
  196  license, but the licensee is entitled to a hearing as upon a
  197  suspension or revocation under this chapter.
  198         (6)(5) It is a misdemeanor of the second degree, punishable
  199  as provided in s. 775.082 or s. 775.083, for any person to
  200  operate a motor vehicle in any manner in violation of the
  201  restrictions imposed under paragraph (1)(c).
  202         (7)(6) Any person who operates a motor vehicle in violation
  203  of the restrictions imposed under paragraph (1)(a), paragraph
  204  (1)(b), subsection (2), or subsection (3), or subsection (4)
  205  will be charged with a moving violation and fined in accordance
  206  with chapter 318.
  207         Section 10. This act shall take effect July 1, 2011.
  208  
  209  ================= T I T L E  A M E N D M E N T ================
  210         And the title is amended as follows:
  211         Delete everything before the enacting clause
  212  and insert:
  213                        A bill to be entitled                      
  214         An act relating to motor vehicles; providing a short
  215         title; creating s. 316.3035, F.S.; prohibiting a
  216         person younger than 18 years of age from operating a
  217         motor vehicle while using a wireless communications
  218         device or telephone; providing exceptions; providing
  219         for enforcement as a secondary action; providing a
  220         penalty; amending s. 318.14, F.S.; providing
  221         procedures for a citation issued following a violation
  222         of certain restrictions, to conform to changes made by
  223         the act; amending s. 318.1451, F.S.; requiring that
  224         the course content of driver improvement schools
  225         include awareness training about using certain
  226         electronic devices while driving; authorizing the
  227         Department of Highway Safety and Motor Vehicles to
  228         update course content requirements; amending s.
  229         320.02, F.S.; providing for a voluntary check-off on
  230         motor vehicle registration forms to make a
  231         contribution to the Auto Club South Traffic Safety
  232         Foundation, Inc.; amending s. 322.0261, F.S.;
  233         requiring course content of driver improvement schools
  234         to include awareness training about using certain
  235         electronic devices while driving; authorizing the
  236         department to update course content requirements;
  237         amending s. 322.08, F.S.; providing for a voluntary
  238         check-off on driver’s license application forms to
  239         make a contribution to the Auto Club South Traffic
  240         Safety Foundation, Inc.; amending s. 322.095, F.S.;
  241         requiring traffic law and substance abuse education
  242         program content to include awareness of using certain
  243         electronic devices while driving; authorizing the
  244         department to update course content requirements;
  245         amending s. 322.16, F.S.; restricting the number of
  246         passengers under the age of 18 permitted in a vehicle
  247         operated by a person under the age of 18 unless
  248         accompanied by a driver at least 21 years of age;
  249         providing exceptions; providing for secondary
  250         enforcement; providing penalties; providing for
  251         applicability; providing an effective date.