Bill Text: FL S1082 | 2010 | Regular Session | Introduced

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Bill Title: Driver's License Restrictions [CPSC]

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - Died in Messages [S1082 Detail]

Download: Florida-2010-S1082-Introduced.html

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       Florida Senate - 2010                                    SB 1082 
        
       By Senator Lynn 
       7-00847-10                                            20101082__ 
    1                        A bill to be entitled                       
    2         An act relating to driver’s license restrictions; 
    3         amending s. 322.16, F.S.; restricting the number of 
    4         passengers under the age of 18 permitted in a vehicle 
    5         operated by a person under the age of 18 unless 
    6         accompanied by a driver at least 21 years of age; 
    7         providing exceptions; providing for secondary 
    8         enforcement; providing penalties; providing for 
    9         applicability; amending s. 318.14, F.S.; providing 
   10         citation procedures for a violation of such 
   11         restrictions; providing an effective date. 
   12   
   13  Be It Enacted by the Legislature of the State of Florida: 
   14   
   15         Section 1. Present subsections (4), (5), and (6) of section 
   16  322.16, Florida Statutes, are renumbered as subsections (5), 
   17  (6), and (7), respectively, and amended, and a new subsection 
   18  (4) is added to that section, to read: 
   19         322.16 License restrictions.— 
   20         (4)(a) During the first 6 months after the date of his or 
   21  her licensure, a person who has not attained 18 years of age may 
   22  not operate a motor vehicle while a passenger is in the vehicle 
   23  who has not attained 18 years of age unless accompanied by a 
   24  driver who holds a valid license to operate the type of vehicle 
   25  being operated and who is at least 21 years of age. Thereafter, 
   26  until attaining 18 years of age, such person may not operate a 
   27  motor vehicle while more than three passengers are in the 
   28  vehicle who have not attained 18 years of age. This subsection 
   29  does not apply to passengers who are siblings or children of the 
   30  driver, whether related by whole or half blood, by affinity, or 
   31  by adoption. 
   32         (b) State and local law enforcement agencies shall enforce 
   33  this subsection only as a secondary action when the driver of a 
   34  motor vehicle has been detained for a suspected violation of 
   35  another section of this chapter, chapter 316, or chapter 320. 
   36         (c) This subsection applies to any person younger than 18 
   37  years of age who is issued a driver’s license on or after 
   38  October 1, 2010. 
   39         (d) This subsection does not apply to a minor whose 
   40  disability of nonage has been removed pursuant to s. 743.01. 
   41         (5)(4) The department may, upon receiving satisfactory 
   42  evidence of any violation of the restriction upon such a 
   43  license, except a violation of paragraph (1)(d), subsection (2), 
   44  or subsection (3), or subsection (4), suspend or revoke the 
   45  license, but the licensee is entitled to a hearing as upon a 
   46  suspension or revocation under this chapter. 
   47         (6)(5) It is a misdemeanor of the second degree, punishable 
   48  as provided in s. 775.082 or s. 775.083, for any person to 
   49  operate a motor vehicle in any manner in violation of the 
   50  restrictions imposed in a license issued to him or her except 
   51  for a violation of paragraph (1)(d), subsection (2), or 
   52  subsection (3), or subsection (4). 
   53         (7)(6) Any person who operates a motor vehicle in violation 
   54  of the restrictions imposed in subsection (2), or subsection 
   55  (3), or subsection (4) commits a noncriminal traffic infraction, 
   56  punishable as will be charged with a moving violation as 
   57  provided in and fined in accordance with chapter 318. 
   58         Section 2. Subsection (1) of section 318.14, Florida 
   59  Statutes, is amended to read: 
   60         318.14 Noncriminal traffic infractions; exception; 
   61  procedures.— 
   62         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any 
   63  person cited for a violation of chapter 316, s. 320.0605, s. 
   64  320.07(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 
   66  charged with a noncriminal infraction and must be cited for such 
   67  an infraction and cited to appear before an official. If another 
   68  person dies as a result of the noncriminal infraction, the 
   69  person cited may be required to perform 120 community service 
   70  hours under s. 316.027(4), in addition to any other penalties. 
   71         Section 3. This act shall take effect October 1, 2010.