| 1 | A bill to be entitled |
| 2 | An act relating to traffic safety; creating the Minor |
| 3 | Traffic Safety Act; amending s. 316.0075, F.S.; |
| 4 | prohibiting the use of handheld cellular telephones and |
| 5 | other electronic communications devices by drivers under |
| 6 | 18 years of age and persons driving school buses; |
| 7 | providing exceptions; providing penalties; amending s. |
| 8 | 318.14, F.S.; providing citation procedures for |
| 9 | violations; amending s. 322.08, F.S.; providing for a |
| 10 | voluntary checkoff on driver's license applications to |
| 11 | permit contributions to the AAA Foundation for Traffic |
| 12 | Safety; providing that such contributions are not |
| 13 | considered income of a revenue nature for purposes of a |
| 14 | service charge; creating s. 322.144, F.S.; requiring the |
| 15 | Department of Highway Safety and Motor Vehicles to issue a |
| 16 | distinctive placard when issuing or reissuing a driver's |
| 17 | license to a person under a certain age; requiring such |
| 18 | person to display the placard at all times while operating |
| 19 | a motor vehicle; providing penalties; amending s. 322.16, |
| 20 | F.S.; restricting the number of certain passengers |
| 21 | permitted in a vehicle operated by a person under a |
| 22 | certain age; providing for exceptions; providing |
| 23 | penalties; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. This act may be cited as the "Minor Traffic |
| 28 | Safety Act." |
| 29 | Section 2. Section 316.0075, Florida Statutes, is amended |
| 30 | to read: |
| 31 | 316.0075 Operator use of commercial mobile radio services |
| 32 | and electronic communications devices.- |
| 33 | (1) Regulation of operator or passenger use of commercial |
| 34 | mobile radio services and other electronic communications |
| 35 | devices in a motor vehicle is expressly preempted to the state. |
| 36 | (2)(a) A person who has not attained 18 years of age and |
| 37 | is driving or in actual physical control of a motor vehicle on |
| 38 | the roads of this state may not use any type of hand-held |
| 39 | cellular telephone or other hand-held electronic communications |
| 40 | device. |
| 41 | (b) A person who is driving or in actual physical control |
| 42 | of a school bus transporting any student to a public or private |
| 43 | school on the roads of this state may not use any type of hand- |
| 44 | held cellular telephone or other hand-held electronic |
| 45 | communications device. |
| 46 | (c) This subsection does not apply: |
| 47 | 1. To a device that is designed for hands-free use and the |
| 48 | person is using it in that manner. |
| 49 | 2. When the motor vehicle is stopped and the engine is not |
| 50 | running. |
| 51 | (d) A violation of this subsection is a noncriminal |
| 52 | traffic infraction, punishable as a nonmoving violation as |
| 53 | provided in chapter 318. |
| 54 | Section 3. Subsection (1) of section 318.14, Florida |
| 55 | Statutes, is amended to read: |
| 56 | 318.14 Noncriminal traffic infractions; exception; |
| 57 | procedures.- |
| 58 | (1) Except as provided in ss. 318.17 and 320.07(3)(c), any |
| 59 | person cited for a violation of chapter 316, s. 320.0605, s. |
| 60 | 320.07(3)(a) or (b), s. 322.065, s. 322.144(2), s. 322.15(1), s. |
| 61 | 322.16(2), or (3), or (4), s. 322.1615, s. 322.19, or s. |
| 62 | 1006.66(3) is charged with a noncriminal infraction and must be |
| 63 | cited for such an infraction and cited to appear before an |
| 64 | official. If another person dies as a result of the noncriminal |
| 65 | infraction, the person cited may be required to perform 120 |
| 66 | community service hours under s. 316.027(4), in addition to any |
| 67 | other penalties. |
| 68 | Section 4. Subsection (7) of section 322.08, Florida |
| 69 | Statutes, is amended to read: |
| 70 | 322.08 Application for license; requirements for license |
| 71 | and identification card forms.- |
| 72 | (7) The application form for an original, renewal, or |
| 73 | replacement driver's license or identification card shall |
| 74 | include language permitting the following: |
| 75 | (a) A voluntary contribution of $1 per applicant, which |
| 76 | contribution shall be deposited into the Health Care Trust Fund |
| 77 | for organ and tissue donor education and for maintaining the |
| 78 | organ and tissue donor registry. |
| 79 | (b) A voluntary contribution of $1 per applicant, which |
| 80 | contribution shall be distributed to the Florida Council of the |
| 81 | Blind. |
| 82 | (c) A voluntary contribution of $2 per applicant, which |
| 83 | shall be distributed to the Hearing Research Institute, |
| 84 | Incorporated. |
| 85 | (d) A voluntary contribution of $1 per applicant, which |
| 86 | shall be distributed to the Juvenile Diabetes Foundation |
| 87 | International. |
| 88 | (e) A voluntary contribution of $1 per applicant, which |
| 89 | shall be distributed to the Children's Hearing Help Fund. |
| 90 | (f) A voluntary contribution of $1 per applicant, which |
| 91 | shall be distributed to Family First, a nonprofit organization. |
| 92 | (g) A voluntary contribution of $1 per applicant to Stop |
| 93 | Heart Disease, which shall be distributed to the Florida Heart |
| 94 | Research Institute, a nonprofit organization. |
| 95 | (h) A voluntary contribution of $1 per applicant to Senior |
| 96 | Vision Services, which shall be distributed to the Florida |
| 97 | Association of Agencies Serving the Blind, Inc., a not-for- |
| 98 | profit organization. |
| 99 | (i) A voluntary contribution of $1 per applicant for |
| 100 | services for persons with developmental disabilities, which |
| 101 | shall be distributed to The Arc of Florida. |
| 102 | (j) A voluntary contribution of $1 to the Ronald McDonald |
| 103 | House, which shall be distributed each month to Ronald McDonald |
| 104 | House Charities of Tampa Bay, Inc. |
| 105 | (k) Notwithstanding s. 322.081, a voluntary contribution |
| 106 | of $1 per applicant, which shall be distributed to the League |
| 107 | Against Cancer/La Liga Contra el Cancer, a not-for-profit |
| 108 | organization. |
| 109 | (l) A voluntary contribution of $1 per applicant to |
| 110 | Prevent Child Sexual Abuse, which shall be distributed to |
| 111 | Lauren's Kids, Inc., a nonprofit organization. |
| 112 | (m) A voluntary contribution of $1 per applicant, which |
| 113 | shall be distributed to Prevent Blindness Florida, a not-for- |
| 114 | profit organization, to prevent blindness and preserve the sight |
| 115 | of the residents of this state. |
| 116 | (n) Notwithstanding s. 322.081, a voluntary contribution |
| 117 | of $1 per applicant to the state homes for veterans, to be |
| 118 | distributed on a quarterly basis by the department to the State |
| 119 | Homes for Veterans Trust Fund, which is administered by the |
| 120 | Department of Veterans' Affairs. |
| 121 | (o) A voluntary contribution of $1 per applicant, which |
| 122 | shall be distributed to the AAA Foundation for Traffic Safety, a |
| 123 | nonprofit organization. |
| 124 |
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| 125 | A statement providing an explanation of the purpose of the trust |
| 126 | funds shall also be included. For the purpose of applying the |
| 127 | service charge provided in s. 215.20, contributions received |
| 128 | under paragraphs (b)-(o)(n) are not income of a revenue nature. |
| 129 | Section 5. Section 322.144, Florida Statutes, is created |
| 130 | to read: |
| 131 | 322.144 Identifying placards for minors.- |
| 132 | (1) When the department issues or reissues a license for |
| 133 | the operation of motor vehicles to a person who has not attained |
| 134 | 18 years of age, the department shall also issue to the person a |
| 135 | placard that can be placed in a motor vehicle so as to be |
| 136 | visible from the front and rear of the vehicle. Each side of the |
| 137 | placard shall have markings or color which shall be obviously |
| 138 | separate and distinct from all other placards issued by the |
| 139 | department and shall bear a warning that the person must display |
| 140 | the placard at all times while operating a motor vehicle. |
| 141 | (2) A driver who has not attained 18 years of age must |
| 142 | display the placard issued under this section at all times while |
| 143 | operating a motor vehicle. The placard must be displayed so as |
| 144 | to be visible from the front and rear of the vehicle. |
| 145 | (3) A person who violates subsection (2) commits a |
| 146 | noncriminal traffic infraction, punishable as a nonmoving |
| 147 | violation as provided in chapter 318. |
| 148 | Section 6. Subsections (4), (5), and (6) of section |
| 149 | 322.16, Florida Statutes, are amended and renumbered as |
| 150 | subsections (5), (6), and (7), respectively, and a new |
| 151 | subsection (4) is added to said section, to read: |
| 152 | 322.16 License restrictions.- |
| 153 | (4) A person who holds a driver's license who is under 18 |
| 154 | years of age may not operate a motor vehicle with more than one |
| 155 | passenger in the vehicle who is under 18 years of age, unless |
| 156 | any additional passenger or passengers under 18 years of age are |
| 157 | siblings or children of the driver, whether related by the whole |
| 158 | or half blood, by affinity, or by adoption. |
| 159 | (5)(4) The department may, upon receiving satisfactory |
| 160 | evidence of any violation of the restriction upon such a |
| 161 | license, except a violation of paragraph (1)(d), subsection (2), |
| 162 | or subsection (3), or subsection (4), suspend or revoke the |
| 163 | license, but the licensee is entitled to a hearing as upon a |
| 164 | suspension or revocation under this chapter. |
| 165 | (6)(5) It is a misdemeanor of the second degree, |
| 166 | punishable as provided in s. 775.082 or s. 775.083, for any |
| 167 | person to operate a motor vehicle in any manner in violation of |
| 168 | the restrictions imposed under paragraph (1)(c). |
| 169 | (7)(6) Any person who operates a motor vehicle in |
| 170 | violation of the restrictions imposed under paragraph (1)(a), |
| 171 | paragraph (1)(b), subsection (2), or subsection (3), or |
| 172 | subsection (4) commits a noncriminal traffic infraction, |
| 173 | punishable as will be charged with a moving violation as |
| 174 | provided in and fined in accordance with chapter 318. |
| 175 | Section 7. This act shall take effect October 1, 2011. |