Bill Text: FL S1840 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Motor Vehicles

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1840 Detail]

Download: Florida-2011-S1840-Introduced.html

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       Florida Senate - 2011                                    SB 1840
       
       
       
       By Senator Altman
       
       
       
       
       24-00779B-11                                          20111840__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; providing a short
    3         title; creating s. 316.3035, F.S.; prohibiting a
    4         person younger than 18 years of age from operating a
    5         motor vehicle while using a wireless communications
    6         device or telephone; providing exceptions; providing
    7         for enforcement as a secondary action; providing a
    8         penalty; amending s. 318.14, F.S.; providing
    9         procedures for a citation issued following a violation
   10         of certain restrictions, to conform to changes made by
   11         the act; amending s. 318.1451, F.S.; requiring that
   12         the course content of driver improvement schools
   13         include awareness training about using certain
   14         electronic devices while driving; authorizing the
   15         Department of Highway Safety and Motor Vehicles to
   16         update school content requirements; amending s.
   17         320.02, F.S.; providing for a voluntary check-off on
   18         motor vehicle registration forms to make a
   19         contribution to the Auto Club South Traffic Safety
   20         Foundation, Inc.; amending s. 322.0261, F.S.;
   21         requiring course content of driver improvement schools
   22         to include awareness training about using certain
   23         electronic devices while driving; authorizing the
   24         department to update school content requirements;
   25         amending s. 322.08, F.S.; providing for a voluntary
   26         check-off on driver’s license application forms to
   27         make a contribution to the Auto Club South Traffic
   28         Safety Foundation, Inc.; amending s. 322.095, F.S.;
   29         requiring traffic law and substance abuse education
   30         program content to include awareness of using certain
   31         electronic devices while driving; authorizing the
   32         department to update program content requirements;
   33         amending s. 322.16, F.S.; restricting the number of
   34         passengers under the age of 18 permitted in a vehicle
   35         operated by a person under the age of 18 unless
   36         accompanied by a driver at least 21 years of age;
   37         providing exceptions; providing for secondary
   38         enforcement; providing penalties; providing for
   39         applicability; amending s. 322.1615, F.S.; requiring
   40         the parent or guardian of certain minors to attest
   41         that they have a specified number of hours of driving
   42         experience in order to apply for a Class E driver’s
   43         license; providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. This act may be cited as the “Minor Traffic
   48  Safety Act.”
   49         Section 2. Section 316.3035, Florida Statutes, is created
   50  to read:
   51         316.3035 Wireless communications devices prohibited;
   52  persons under 18.—
   53         (1)(a) A person younger than 18 years of age may not
   54  operate a motor vehicle while using a wireless communications
   55  device or telephone in any manner.
   56         (b) This subsection does not apply to a person using a
   57  wireless communications device to:
   58         1. Report illegal activity;
   59         2. Summon medical or other emergency help; or
   60         3. Prevent injury to a person or damage to property.
   61         (2) Enforcement of this section by state or local law
   62  enforcement agencies must be accomplished only as a secondary
   63  action when an operator of a motor vehicle has been detained for
   64  a suspected violation of another provision of this chapter,
   65  chapter 320, or chapter 322.
   66         (3) A person who violates this section commits a
   67  noncriminal traffic infraction, punishable as a nonmoving
   68  violation as provided in chapter 318, and shall have his or her
   69  driver’s license suspended for 30 days as set forth in s.
   70  322.27.
   71         Section 3. Subsection (1) of section 318.14, Florida
   72  Statutes, is amended to read:
   73         318.14 Noncriminal traffic infractions; exception;
   74  procedures.—
   75         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
   76  person cited for a violation of chapter 316, s. 320.0605, s.
   77  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2), or
   78  (3), or (4), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged
   79  with a noncriminal infraction and must be cited for such an
   80  infraction and cited to appear before an official. If another
   81  person dies as a result of the noncriminal infraction, the
   82  person cited may be required to perform 120 community service
   83  hours under s. 316.027(4), in addition to any other penalties.
   84         Section 4. Paragraph (a) of subsection (2) of section
   85  318.1451, Florida Statutes, is amended to read:
   86         318.1451 Driver improvement schools.—
   87         (2)(a) In determining whether to approve the courses
   88  referenced in this section, the department shall consider course
   89  content designed to promote safety, driver awareness, crash
   90  avoidance techniques, awareness of the risks associated with
   91  using a handheld electronic communication device while operating
   92  a motor vehicle, and other factors or criteria to improve driver
   93  performance from a safety viewpoint. The department is
   94  authorized to require that course curricula be updated to meet
   95  evolving driver-safety issues.
   96         Section 5. Paragraph (o) is added to subsection (15) of
   97  section 320.02, Florida Statutes, to read:
   98         320.02 Registration required; application for registration;
   99  forms.—
  100         (15) 
  101         (o) The application form for motor vehicle registration and
  102  renewal registration must include language permitting a
  103  voluntary contribution of $1 or more per applicant, which shall
  104  be distributed to the Auto Club South Traffic Safety Foundation,
  105  Inc., and used by the foundation to improve traffic safety
  106  culture through effective outreach, education, and activities
  107  that will save lives, reduce injuries, and prevent crashes.
  108  
  109  For the purpose of applying the service charge provided in s.
  110  215.20, contributions received under this subsection are not
  111  income of a revenue nature.
  112         Section 6. Subsection (5) of section 322.0261, Florida
  113  Statutes, is amended to read:
  114         322.0261 Driver improvement course; requirement to maintain
  115  driving privileges; failure to complete; department approval of
  116  course.—
  117         (5) In determining whether to approve a driver improvement
  118  course for the purposes of this section, the department shall
  119  consider course content designed to promote safety, driver
  120  awareness, crash avoidance techniques, awareness of the risks
  121  associated with using a handheld electronic communication device
  122  while operating a motor vehicle, and other factors or criteria
  123  to improve driver performance from a safety viewpoint. The
  124  department is authorized to require that course curricula be
  125  updated to meet evolving driver safety issues.
  126         Section 7. Subsection (7) of section 322.08, Florida
  127  Statutes, is amended to read:
  128         322.08 Application for license; requirements for license
  129  and identification card forms.—
  130         (7) The application form for an original, renewal, or
  131  replacement driver’s license or identification card shall
  132  include language permitting the following:
  133         (a) A voluntary contribution of $1 per applicant, which
  134  contribution shall be deposited into the Health Care Trust Fund
  135  for organ and tissue donor education and for maintaining the
  136  organ and tissue donor registry.
  137         (b) A voluntary contribution of $1 per applicant, which
  138  contribution shall be distributed to the Florida Council of the
  139  Blind.
  140         (c) A voluntary contribution of $2 per applicant, which
  141  shall be distributed to the Hearing Research Institute,
  142  Incorporated.
  143         (d) A voluntary contribution of $1 per applicant, which
  144  shall be distributed to the Juvenile Diabetes Foundation
  145  International.
  146         (e) A voluntary contribution of $1 per applicant, which
  147  shall be distributed to the Children’s Hearing Help Fund.
  148         (f) A voluntary contribution of $1 per applicant, which
  149  shall be distributed to Family First, a nonprofit organization.
  150         (g) A voluntary contribution of $1 per applicant to Stop
  151  Heart Disease, which shall be distributed to the Florida Heart
  152  Research Institute, a nonprofit organization.
  153         (h) A voluntary contribution of $1 per applicant to Senior
  154  Vision Services, which shall be distributed to the Florida
  155  Association of Agencies Serving the Blind, Inc., a not-for
  156  profit organization.
  157         (i) A voluntary contribution of $1 per applicant for
  158  services for persons with developmental disabilities, which
  159  shall be distributed to The Arc of Florida.
  160         (j) A voluntary contribution of $1 to the Ronald McDonald
  161  House, which shall be distributed each month to Ronald McDonald
  162  House Charities of Tampa Bay, Inc.
  163         (k) Notwithstanding s. 322.081, a voluntary contribution of
  164  $1 per applicant, which shall be distributed to the League
  165  Against Cancer/La Liga Contra el Cancer, a not-for-profit
  166  organization.
  167         (l) A voluntary contribution of $1 per applicant to Prevent
  168  Child Sexual Abuse, which shall be distributed to Lauren’s Kids,
  169  Inc., a nonprofit organization.
  170         (m) A voluntary contribution of $1 per applicant, which
  171  shall be distributed to Prevent Blindness Florida, a not-for
  172  profit organization, to prevent blindness and preserve the sight
  173  of the residents of this state.
  174         (n) Notwithstanding s. 322.081, a voluntary contribution of
  175  $1 per applicant to the state homes for veterans, to be
  176  distributed on a quarterly basis by the department to the State
  177  Homes for Veterans Trust Fund, which is administered by the
  178  Department of Veterans’ Affairs.
  179         (o) A voluntary contribution of $1 or more per applicant,
  180  which shall be distributed to the Auto Club South Traffic Safety
  181  Foundation, Inc., and used by the foundation to improve traffic
  182  safety culture through effective outreach, education, and
  183  activities that will save lives, reduce injuries, and prevent
  184  crashes.
  185  
  186  A statement providing an explanation of the purpose of the trust
  187  funds shall also be included. For the purpose of applying the
  188  service charge provided in s. 215.20, contributions received
  189  under this subsection paragraphs (b)-(n) are not income of a
  190  revenue nature.
  191         Section 8. Subsection (1) of section 322.095, Florida
  192  Statutes, is amended to read:
  193         322.095 Traffic law and substance abuse education program
  194  for driver’s license applicants.—
  195         (1) The Department of Highway Safety and Motor Vehicles
  196  must approve traffic law and substance abuse education courses
  197  that must be completed by applicants for a Florida driver’s
  198  license. The curricula for the courses must provide instruction
  199  on the physiological and psychological consequences of the abuse
  200  of alcohol and other drugs, the societal and economic costs of
  201  alcohol and drug abuse, the effects of alcohol and drug abuse on
  202  the driver of a motor vehicle, awareness of the risks associated
  203  with using a handheld electronic communication device while
  204  operating a motor vehicle, and the laws of this state relating
  205  to the operation of a motor vehicle. All instructors teaching
  206  the courses shall be certified by the department. The department
  207  is authorized to require that course curricula be updated to
  208  meet evolving driver safety issues.
  209         Section 9. Present subsections (4), (5), and (6) of section
  210  322.16, Florida Statutes, are renumbered as subsections (5),
  211  (6), and (7), respectively, and amended, and a new subsection
  212  (4) is added to that section, to read:
  213         322.16 License restrictions.—
  214         (4)(a) A person who has not attained 18 years of age may
  215  not operate a motor vehicle while more than three passengers are
  216  in the vehicle who have not attained 18 years of age unless
  217  accompanied by a driver who holds a valid license to operate the
  218  type of vehicle being operated and who is at least 21 years of
  219  age. This subsection does not apply to passengers who are
  220  siblings or children of the driver, whether related by whole or
  221  half blood, by affinity, or by adoption.
  222         (b) State and local law enforcement agencies shall enforce
  223  this subsection only as a secondary action when the driver of a
  224  motor vehicle has been detained for a suspected violation of
  225  another section of this chapter, chapter 316, or chapter 320.
  226         (c) This subsection applies to any person younger than 18
  227  years of age who is issued a driver’s license on or after
  228  October 1, 2011.
  229         (5)(4) The department may, upon receiving satisfactory
  230  evidence of any violation of the restriction upon such a
  231  license, except a violation of paragraph (1)(d), subsection (2),
  232  or subsection (3), or subsection (4), suspend or revoke the
  233  license, but the licensee is entitled to a hearing as upon a
  234  suspension or revocation under this chapter.
  235         (6)(5) It is a misdemeanor of the second degree, punishable
  236  as provided in s. 775.082 or s. 775.083, for any person to
  237  operate a motor vehicle in any manner in violation of the
  238  restrictions imposed under paragraph (1)(c).
  239         (7)(6) Any person who operates a motor vehicle in violation
  240  of the restrictions imposed under paragraph (1)(a), paragraph
  241  (1)(b), subsection (2), or subsection (3), or subsection (4)
  242  will be charged with a moving violation and fined in accordance
  243  with chapter 318.
  244         Section 10. Section 322.1615, Florida Statutes, is amended
  245  to read:
  246         322.1615 Learner’s driver’s license.—
  247         (1) The department may issue a learner’s driver’s license
  248  to a person who is at least 15 years of age and who:
  249         (a) Has passed the written examination for a learner’s
  250  driver’s license;
  251         (b) Has passed the vision and hearing examination
  252  administered under s. 322.12;
  253         (c) Has completed the traffic law and substance abuse
  254  education course prescribed in s. 322.095; and
  255         (d) Meets all other requirements set forth in law and by
  256  rule of the department.
  257         (2) When operating a motor vehicle, the holder of a
  258  learner’s driver’s license must be accompanied at all times by a
  259  driver who:
  260         (a) Holds a valid license to operate the type of vehicle
  261  being operated;
  262         (b) Is at least 21 years of age; and
  263         (c) Occupies the closest seat to the right of the driver of
  264  the motor vehicle.
  265         (3) A person who holds a learner’s driver’s license may
  266  operate a vehicle only during daylight hours, except that the
  267  holder of a learner’s driver’s license may operate a vehicle
  268  until 10 p.m. after 3 months following the issuance of the
  269  learner’s driver’s license.
  270         (4) A licensee who violates subsection (2) or subsection
  271  (3) is subject to the civil penalty imposed for a moving
  272  violation as set forth in chapter 318.
  273         (5) When a person younger than 18 years of age who holds a
  274  learner’s driver’s license applies for a Class E driver’s
  275  license, he or she must submit a form that complies with the
  276  requirements of s. 322.09(1)(a) and is signed by the minor’s
  277  parent or guardian attesting that the minor has attained a
  278  minimum of 50 hours of practice driving under the supervision of
  279  a licensed driver who is at least 21 years of age, 10 hours of
  280  which must be driving at night.
  281         Section 11. This act shall take effect July 1, 2011.