Senate Bill 1456

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    Florida Senate - 2000                                  SB 1456

    By Senator Klein





    28-792B-00

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         316.614, F.S.; requiring specified passengers

  4         to wear safety belts; amending s. 322.05, F.S.;

  5         providing additional requirements with respect

  6         to the issuance of a driver's license to

  7         certain persons; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Subsections (4) and (5) of section 316.614,

12  Florida Statutes, are amended to read:

13         316.614  Safety belt usage.--

14         (4)  It is unlawful for any person:

15         (a)  To operate a motor vehicle in this state unless

16  each passenger of the vehicle under the age of 18 16 years is

17  restrained by a safety belt or by a child restraint device

18  pursuant to s. 316.613, if applicable; or

19         (b)  To operate a motor vehicle in this state unless

20  the person is restrained by a safety belt.

21         (5)  It is unlawful for any person 18 16 years of age

22  or older to be a passenger in the front seat of a motor

23  vehicle unless such person is restrained by a safety belt when

24  the vehicle is in motion.

25         Section 2.  Section 322.05, Florida Statutes, is

26  amended to read:

27         322.05  Persons not to be licensed.--The department may

28  not issue a license:

29         (1)  To a person who is under the age of 16 years,

30  except that the department may issue a learner's driver's

31  license to a person who is at least 15 years of age and who

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    Florida Senate - 2000                                  SB 1456
    28-792B-00




  1  meets the requirements of ss. 322.091 and 322.1615 and of any

  2  other applicable law or rule.

  3         (2)  To a person who is at least 16 years of age but is

  4  under 18 years of age unless the person meets the requirements

  5  of s. 322.091 and holds a valid:

  6         (a)  Learner's driver's license for at least 6 months,

  7  with no convictions for moving violations or violations of the

  8  traffic laws involving alcohol or controlled substances within

  9  the preceding 6 months before applying for a license; or

10         (b)  License that was issued in another state or in a

11  foreign jurisdiction and that would not be subject to

12  suspension or revocation under the laws of this state.

13         (3)  To a person who is under 18 years of age unless

14  the parent, guardian, or other responsible adult meeting the

15  requirements of s. 322.09 or a private driving instructor

16  certifies that he or she, or another licensed driver age 21 or

17  older, has accompanied the applicant for a total of not less

18  than 40 hours' behind-the-wheel experience, of which not less

19  than 10 hours must be at night.

20         (4)(3)  Except as provided by this subsection, to any

21  person, as a Class A licensee, Class B licensee, Class C

22  licensee, or Class D licensee, who is under the age of 18

23  years.  A person age 16 or 17 years who applies for a Class D

24  driver's license is subject to all the requirements and

25  provisions of ss. 322.09 and 322.16(2) and (3).  Any person

26  who applies for a Class D driver's license who is age 16 or 17

27  years must have had a learner's driver's license or a driver's

28  license for at least 90 days before he or she is eligible to

29  receive a Class D driver's license. The department may require

30  of any such applicant for a Class D driver's license such

31  examination of the qualifications of the applicant as the

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    Florida Senate - 2000                                  SB 1456
    28-792B-00




  1  department considers proper, and the department may limit the

  2  use of any license granted as it considers proper.

  3         (5)(4)  To any person whose license has been suspended,

  4  during such suspension, nor to any person whose license has

  5  been revoked, until the expiration of the period of revocation

  6  imposed under the provisions of this chapter.

  7         (6)(5)  To any person, as a commercial motor vehicle

  8  operator, whose privilege to operate a commercial motor

  9  vehicle has been disqualified, until the expiration of the

10  period of disqualification.

11         (7)(6)  To any person who is an habitual drunkard, or

12  is an habitual user of narcotic drugs, or is an habitual user

13  of any other drug to a degree which renders him or her

14  incapable of safely driving a motor vehicle.

15         (8)(7)  To any person who has been adjudged to be

16  afflicted with or suffering from any mental disability or

17  disease and who has not at the time of application been

18  restored to competency by the methods provided by law.

19         (9)(8)  To any person who is required by this chapter

20  to take an examination, unless such person shall have

21  successfully passed such examination.

22         (10)(9)  To any person, when the department has good

23  cause to believe that the operation of a motor vehicle on the

24  highways by such person would be detrimental to public safety

25  or welfare. Deafness alone shall not prevent the person

26  afflicted from being issued a Class D or Class E driver's

27  license.

28         (11)(10)  To any person who is ineligible under s.

29  322.056.

30         Section 3.  This act shall take effect July 1, 2000.

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    Florida Senate - 2000                                  SB 1456
    28-792B-00




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  2                          SENATE SUMMARY

  3    Makes it unlawful for any person to operate a motor
      vehicle unless all passengers under the age of 18 are
  4    wearing safety belts. Prohibits the issuance of drivers'
      licenses to persons under 18 years of age unless they
  5    have specified driving experience and have had no
      convictions for moving violations or certain violations
  6    involving alcohol or controlled substances within the
      preceding 6-month period.
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