Bill Text: FL H0833 | 2011 | Regular Session | Introduced

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Bill Title: Traffic Safety

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0833 Detail]

Download: Florida-2011-H0833-Introduced.html

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HB 833

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
25	Be It Enacted by the Legislature of the State of Florida:
26
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
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.

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