Florida Senate - 2011                             CS for SB 1840
       
       
       
       By the Committee on Transportation; and Senator Altman
       
       
       
       
       596-04359-11                                          20111840c1
    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 course 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; amending s. 322.0261, F.S.; requiring
   21         course content of driver improvement schools to
   22         include awareness training about using certain
   23         electronic devices while driving; authorizing the
   24         department to update course 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; 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 course 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; providing an effective date.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. This act may be cited as the “Minor Traffic
   44  Safety Act.”
   45         Section 2. Section 316.3035, Florida Statutes, is created
   46  to read:
   47         316.3035Wireless communications devices prohibited;
   48  persons under 18.—
   49         (1)(a) A person younger than 18 years of age may not
   50  operate a motor vehicle while using a wireless communications
   51  device or telephone in any manner.
   52         (b) This subsection does not apply to a person using a
   53  wireless communications device to:
   54         1. Report illegal activity;
   55         2. Summon medical or other emergency help; or
   56         3. Prevent injury to a person or damage to property.
   57         (2) Enforcement of this section by state or local law
   58  enforcement agencies must be accomplished only as a secondary
   59  action when an operator of a motor vehicle has been detained for
   60  a suspected violation of another provision of this chapter,
   61  chapter 320, or chapter 322.
   62         (3) A person who violates this section commits a
   63  noncriminal traffic infraction, punishable as a nonmoving
   64  violation as provided in chapter 318, and shall have his or her
   65  driver’s license suspended for 30 days as set forth in s.
   66  322.27.
   67         Section 3. Subsection (1) of section 318.14, Florida
   68  Statutes, is amended to read:
   69         318.14 Noncriminal traffic infractions; exception;
   70  procedures.—
   71         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
   72  person cited for a violation of chapter 316, s. 320.0605, s.
   73  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2), or
   74  (3), or (4), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged
   75  with a noncriminal infraction and must be cited for such an
   76  infraction and cited to appear before an official. If another
   77  person dies as a result of the noncriminal infraction, the
   78  person cited may be required to perform 120 community service
   79  hours under s. 316.027(4), in addition to any other penalties.
   80         Section 4. Paragraph (a) of subsection (2) of section
   81  318.1451, Florida Statutes, is amended to read:
   82         318.1451 Driver improvement schools.—
   83         (2)(a) In determining whether to approve the courses
   84  referenced in this section, the department shall consider course
   85  content designed to promote safety, driver awareness, crash
   86  avoidance techniques, awareness of the risks associated with
   87  using handheld electronic communication devices while operating
   88  a motor vehicle, and other factors or criteria to improve driver
   89  performance from a safety viewpoint. The department is
   90  authorized to require that course curricula be updated to meet
   91  evolving driver-safety issues.
   92         Section 5. Paragraph (o) is added to subsection (15) of
   93  section 320.02, Florida Statutes, to read:
   94         320.02 Registration required; application for registration;
   95  forms.—
   96         (15) 
   97         (o)  Notwithstanding s. 26 of chapter 2010-223, Laws of
   98  Florida, the application form for motor vehicle registration and
   99  renewal registration must include a provision permitting a
  100  voluntary contribution of $1 or more per applicant, to be
  101  distributed to the Auto Club South Traffic Safety Foundation, a
  102  nonprofit organization. Funds received by the foundation shall
  103  be used to improve traffic safety culture in communities through
  104  effective outreach, education, and activities that will save
  105  lives, reduce injuries, and prevent crashes. The foundation must
  106  comply with s. 320.023.
  107  
  108  For the purpose of applying the service charge provided in s.
  109  215.20, contributions received under this subsection are not
  110  income of a revenue nature.
  111         Section 6. Subsection (5) of section 322.0261, Florida
  112  Statutes, is amended to read:
  113         322.0261 Driver improvement course; requirement to maintain
  114  driving privileges; failure to complete; department approval of
  115  course.—
  116         (5) In determining whether to approve a driver improvement
  117  course for the purposes of this section, the department shall
  118  consider course content designed to promote safety, driver
  119  awareness, crash avoidance techniques, awareness of the risks
  120  associated with using handheld electronic communication devices
  121  while operating a motor vehicle, and other factors or criteria
  122  to improve driver performance from a safety viewpoint. The
  123  department is authorized to require that course curricula be
  124  updated to meet evolving driver safety issues.
  125         Section 7. Subsection (7) of section 322.08, Florida
  126  Statutes, is amended to read:
  127         322.08 Application for license; requirements for license
  128  and identification card forms.—
  129         (7) The application form for an original, renewal, or
  130  replacement driver’s license or identification card shall
  131  include language permitting the following:
  132         (a) A voluntary contribution of $1 per applicant, which
  133  contribution shall be deposited into the Health Care Trust Fund
  134  for organ and tissue donor education and for maintaining the
  135  organ and tissue donor registry.
  136         (b) A voluntary contribution of $1 per applicant, which
  137  contribution shall be distributed to the Florida Council of the
  138  Blind.
  139         (c) A voluntary contribution of $2 per applicant, which
  140  shall be distributed to the Hearing Research Institute,
  141  Incorporated.
  142         (d) A voluntary contribution of $1 per applicant, which
  143  shall be distributed to the Juvenile Diabetes Foundation
  144  International.
  145         (e) A voluntary contribution of $1 per applicant, which
  146  shall be distributed to the Children’s Hearing Help Fund.
  147         (f) A voluntary contribution of $1 per applicant, which
  148  shall be distributed to Family First, a nonprofit organization.
  149         (g) A voluntary contribution of $1 per applicant to Stop
  150  Heart Disease, which shall be distributed to the Florida Heart
  151  Research Institute, a nonprofit organization.
  152         (h) A voluntary contribution of $1 per applicant to Senior
  153  Vision Services, which shall be distributed to the Florida
  154  Association of Agencies Serving the Blind, Inc., a not-for
  155  profit organization.
  156         (i) A voluntary contribution of $1 per applicant for
  157  services for persons with developmental disabilities, which
  158  shall be distributed to The Arc of Florida.
  159         (j) A voluntary contribution of $1 to the Ronald McDonald
  160  House, which shall be distributed each month to Ronald McDonald
  161  House Charities of Tampa Bay, Inc.
  162         (k) Notwithstanding s. 322.081, a voluntary contribution of
  163  $1 per applicant, which shall be distributed to the League
  164  Against Cancer/La Liga Contra el Cancer, a not-for-profit
  165  organization.
  166         (l) A voluntary contribution of $1 per applicant to Prevent
  167  Child Sexual Abuse, which shall be distributed to Lauren’s Kids,
  168  Inc., a nonprofit organization.
  169         (m) A voluntary contribution of $1 per applicant, which
  170  shall be distributed to Prevent Blindness Florida, a not-for
  171  profit organization, to prevent blindness and preserve the sight
  172  of the residents of this state.
  173         (n) Notwithstanding s. 322.081, a voluntary contribution of
  174  $1 per applicant to the state homes for veterans, to be
  175  distributed on a quarterly basis by the department to the State
  176  Homes for Veterans Trust Fund, which is administered by the
  177  Department of Veterans’ Affairs.
  178         (o)  Notwithstanding s. 26 of chapter 2010-223, Laws of
  179  Florida, a voluntary contribution of $1 or more per applicant to
  180  the Auto Club South Traffic Safety Foundation, a nonprofit
  181  organization. Funds received by the foundation shall be used to
  182  improve traffic safety culture in communities through effective
  183  outreach, education, and activities that will save lives, reduce
  184  injuries, and prevent crashes. The foundation must comply with
  185  s. 322.081.
  186  
  187  A statement providing an explanation of the purpose of the trust
  188  funds shall also be included. For the purpose of applying the
  189  service charge provided in s. 215.20, contributions received
  190  under paragraphs (b)-(o) (b)-(n) are not income of a revenue
  191  nature.
  192         Section 8. Subsection (1) of section 322.095, Florida
  193  Statutes, is amended to read:
  194         322.095 Traffic law and substance abuse education program
  195  for driver’s license applicants.—
  196         (1) The Department of Highway Safety and Motor Vehicles
  197  must approve traffic law and substance abuse education courses
  198  that must be completed by applicants for a Florida driver’s
  199  license. The curricula for the courses must provide instruction
  200  on the physiological and psychological consequences of the abuse
  201  of alcohol and other drugs, the societal and economic costs of
  202  alcohol and drug abuse, the effects of alcohol and drug abuse on
  203  the driver of a motor vehicle, awareness of the risks associated
  204  with using handheld electronic communication devices while
  205  operating a motor vehicle, and the laws of this state relating
  206  to the operation of a motor vehicle. All instructors teaching
  207  the courses shall be certified by the department. The department
  208  is authorized to require that course curricula be updated to
  209  meet evolving driver safety issues.
  210         Section 9. Present subsections (4), (5), and (6) of section
  211  322.16, Florida Statutes, are renumbered as subsections (5),
  212  (6), and (7), respectively, and amended, and a new subsection
  213  (4) is added to that section, to read:
  214         322.16 License restrictions.—
  215         (4)(a) A person who has not attained 18 years of age may
  216  not operate a motor vehicle while more than three passengers are
  217  in the vehicle who have not attained 18 years of age unless
  218  accompanied by a driver who holds a valid license to operate the
  219  type of vehicle being operated and who is at least 21 years of
  220  age. This subsection does not apply to passengers who are
  221  siblings or children of the driver, whether related by whole or
  222  half blood, by affinity, or by adoption.
  223         (b) State and local law enforcement agencies shall enforce
  224  this subsection only as a secondary action when the driver of a
  225  motor vehicle has been detained for a suspected violation of
  226  another section of this chapter, chapter 316, or chapter 320.
  227         (c) This subsection applies to any person younger than 18
  228  years of age who is issued a driver’s license on or after
  229  October 1, 2011.
  230         (5)(4) The department may, upon receiving satisfactory
  231  evidence of any violation of the restriction upon such a
  232  license, except a violation of paragraph (1)(d), subsection (2),
  233  or subsection (3), or subsection (4), suspend or revoke the
  234  license, but the licensee is entitled to a hearing as upon a
  235  suspension or revocation under this chapter.
  236         (6)(5) It is a misdemeanor of the second degree, punishable
  237  as provided in s. 775.082 or s. 775.083, for any person to
  238  operate a motor vehicle in any manner in violation of the
  239  restrictions imposed under paragraph (1)(c).
  240         (7)(6) Any person who operates a motor vehicle in violation
  241  of the restrictions imposed under paragraph (1)(a), paragraph
  242  (1)(b), subsection (2), or subsection (3), or subsection (4)
  243  will be charged with a moving violation and fined in accordance
  244  with chapter 318.
  245         Section 10. This act shall take effect July 1, 2011.