HB 833

1
A bill to be entitled
2An act relating to traffic safety; creating the Minor
3Traffic Safety Act; amending s. 316.0075, F.S.;
4prohibiting the use of handheld cellular telephones and
5other electronic communications devices by drivers under
618 years of age and persons driving school buses;
7providing exceptions; providing penalties; amending s.
8318.14, F.S.; providing citation procedures for
9violations; amending s. 322.08, F.S.; providing for a
10voluntary checkoff on driver's license applications to
11permit contributions to the AAA Foundation for Traffic
12Safety; providing that such contributions are not
13considered income of a revenue nature for purposes of a
14service charge; creating s. 322.144, F.S.; requiring the
15Department of Highway Safety and Motor Vehicles to issue a
16distinctive placard when issuing or reissuing a driver's
17license to a person under a certain age; requiring such
18person to display the placard at all times while operating
19a motor vehicle; providing penalties; amending s. 322.16,
20F.S.; restricting the number of certain passengers
21permitted in a vehicle operated by a person under a
22certain age; providing for exceptions; providing
23penalties; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  This act may be cited as the "Minor Traffic
28Safety Act."
29     Section 2.  Section 316.0075, Florida Statutes, is amended
30to read:
31     316.0075  Operator use of commercial mobile radio services
32and electronic communications devices.-
33     (1)  Regulation of operator or passenger use of commercial
34mobile radio services and other electronic communications
35devices in a motor vehicle is expressly preempted to the state.
36     (2)(a)  A person who has not attained 18 years of age and
37is driving or in actual physical control of a motor vehicle on
38the roads of this state may not use any type of hand-held
39cellular telephone or other hand-held electronic communications
40device.
41     (b)  A person who is driving or in actual physical control
42of a school bus transporting any student to a public or private
43school on the roads of this state may not use any type of hand-
44held cellular telephone or other hand-held electronic
45communications device.
46     (c)  This subsection does not apply:
47     1.  To a device that is designed for hands-free use and the
48person is using it in that manner.
49     2.  When the motor vehicle is stopped and the engine is not
50running.
51     (d)  A violation of this subsection is a noncriminal
52traffic infraction, punishable as a nonmoving violation as
53provided in chapter 318.
54     Section 3.  Subsection (1) of section 318.14, Florida
55Statutes, is amended to read:
56     318.14  Noncriminal traffic infractions; exception;
57procedures.-
58     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
59person cited for a violation of chapter 316, s. 320.0605, s.
60320.07(3)(a) or (b), s. 322.065, s. 322.144(2), s. 322.15(1), s.
61322.16(2), or (3), or (4), s. 322.1615, s. 322.19, or s.
621006.66(3) is charged with a noncriminal infraction and must be
63cited for such an infraction and cited to appear before an
64official. If another person dies as a result of the noncriminal
65infraction, the person cited may be required to perform 120
66community service hours under s. 316.027(4), in addition to any
67other penalties.
68     Section 4.  Subsection (7) of section 322.08, Florida
69Statutes, is amended to read:
70     322.08  Application for license; requirements for license
71and identification card forms.-
72     (7)  The application form for an original, renewal, or
73replacement driver's license or identification card shall
74include language permitting the following:
75     (a)  A voluntary contribution of $1 per applicant, which
76contribution shall be deposited into the Health Care Trust Fund
77for organ and tissue donor education and for maintaining the
78organ and tissue donor registry.
79     (b)  A voluntary contribution of $1 per applicant, which
80contribution shall be distributed to the Florida Council of the
81Blind.
82     (c)  A voluntary contribution of $2 per applicant, which
83shall be distributed to the Hearing Research Institute,
84Incorporated.
85     (d)  A voluntary contribution of $1 per applicant, which
86shall be distributed to the Juvenile Diabetes Foundation
87International.
88     (e)  A voluntary contribution of $1 per applicant, which
89shall be distributed to the Children's Hearing Help Fund.
90     (f)  A voluntary contribution of $1 per applicant, which
91shall be distributed to Family First, a nonprofit organization.
92     (g)  A voluntary contribution of $1 per applicant to Stop
93Heart Disease, which shall be distributed to the Florida Heart
94Research Institute, a nonprofit organization.
95     (h)  A voluntary contribution of $1 per applicant to Senior
96Vision Services, which shall be distributed to the Florida
97Association of Agencies Serving the Blind, Inc., a not-for-
98profit organization.
99     (i)  A voluntary contribution of $1 per applicant for
100services for persons with developmental disabilities, which
101shall be distributed to The Arc of Florida.
102     (j)  A voluntary contribution of $1 to the Ronald McDonald
103House, which shall be distributed each month to Ronald McDonald
104House Charities of Tampa Bay, Inc.
105     (k)  Notwithstanding s. 322.081, a voluntary contribution
106of $1 per applicant, which shall be distributed to the League
107Against Cancer/La Liga Contra el Cancer, a not-for-profit
108organization.
109     (l)  A voluntary contribution of $1 per applicant to
110Prevent Child Sexual Abuse, which shall be distributed to
111Lauren's Kids, Inc., a nonprofit organization.
112     (m)  A voluntary contribution of $1 per applicant, which
113shall be distributed to Prevent Blindness Florida, a not-for-
114profit organization, to prevent blindness and preserve the sight
115of the residents of this state.
116     (n)  Notwithstanding s. 322.081, a voluntary contribution
117of $1 per applicant to the state homes for veterans, to be
118distributed on a quarterly basis by the department to the State
119Homes for Veterans Trust Fund, which is administered by the
120Department of Veterans' Affairs.
121     (o)  A voluntary contribution of $1 per applicant, which
122shall be distributed to the AAA Foundation for Traffic Safety, a
123nonprofit organization.
124
125A statement providing an explanation of the purpose of the trust
126funds shall also be included. For the purpose of applying the
127service charge provided in s. 215.20, contributions received
128under paragraphs (b)-(o)(n) are not income of a revenue nature.
129     Section 5.  Section 322.144, Florida Statutes, is created
130to read:
131     322.144  Identifying placards for minors.-
132     (1)  When the department issues or reissues a license for
133the operation of motor vehicles to a person who has not attained
13418 years of age, the department shall also issue to the person a
135placard that can be placed in a motor vehicle so as to be
136visible from the front and rear of the vehicle. Each side of the
137placard shall have markings or color which shall be obviously
138separate and distinct from all other placards issued by the
139department and shall bear a warning that the person must display
140the placard at all times while operating a motor vehicle.
141     (2)  A driver who has not attained 18 years of age must
142display the placard issued under this section at all times while
143operating a motor vehicle. The placard must be displayed so as
144to be visible from the front and rear of the vehicle.
145     (3)  A person who violates subsection (2) commits a
146noncriminal traffic infraction, punishable as a nonmoving
147violation as provided in chapter 318.
148     Section 6.  Subsections (4), (5), and (6) of section
149322.16, Florida Statutes, are amended and renumbered as
150subsections (5), (6), and (7), respectively, and a new
151subsection (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
154years of age may not operate a motor vehicle with more than one
155passenger in the vehicle who is under 18 years of age, unless
156any additional passenger or passengers under 18 years of age are
157siblings or children of the driver, whether related by the whole
158or half blood, by affinity, or by adoption.
159     (5)(4)  The department may, upon receiving satisfactory
160evidence of any violation of the restriction upon such a
161license, except a violation of paragraph (1)(d), subsection (2),
162or subsection (3), or subsection (4), suspend or revoke the
163license, but the licensee is entitled to a hearing as upon a
164suspension or revocation under this chapter.
165     (6)(5)  It is a misdemeanor of the second degree,
166punishable as provided in s. 775.082 or s. 775.083, for any
167person to operate a motor vehicle in any manner in violation of
168the restrictions imposed under paragraph (1)(c).
169     (7)(6)  Any person who operates a motor vehicle in
170violation of the restrictions imposed under paragraph (1)(a),
171paragraph (1)(b), subsection (2), or subsection (3), or
172subsection (4) commits a noncriminal traffic infraction,
173punishable as will be charged with a moving violation as
174provided in and fined in accordance with chapter 318.
175     Section 7.  This act shall take effect October 1, 2011.


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