| 1 | A bill to be entitled |
| 2 | An act relating to driver license restrictions; amending |
| 3 | s. 322.16, F.S.; restricting the number of certain |
| 4 | passengers permitted in a vehicle operated by a person |
| 5 | under a certain age; providing exceptions; providing for |
| 6 | secondary enforcement; providing penalties; amending s. |
| 7 | 318.14, F.S.; providing citation procedures for violation |
| 8 | of such restrictions; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsections (4), (5), and (6) of section |
| 13 | 322.16, Florida Statutes, are amended and renumbered as |
| 14 | subsections (5), (6), and (7), respectively, and a new |
| 15 | subsection (4) is added to that section, to read: |
| 16 | 322.16 License restrictions.-- |
| 17 | (4)(a) During the first 6 months after the date of his or |
| 18 | her licensure, a person who has not attained 18 years of age |
| 19 | shall not operate a motor vehicle with any passenger in the |
| 20 | vehicle who has not attained 18 years of age. Thereafter, until |
| 21 | attaining 18 years of age, such person shall not operate a motor |
| 22 | vehicle with more than three passengers in the vehicle who have |
| 23 | not attained 18 years of age. This subsection does not apply to |
| 24 | any passenger or passengers who are siblings or children of the |
| 25 | driver, whether related by whole or half blood, by affinity, or |
| 26 | by adoption. |
| 27 | (b) Enforcement of this subsection by state or local law |
| 28 | enforcement agencies must be accomplished only as a secondary |
| 29 | action when a driver of a motor vehicle has been detained for a |
| 30 | suspected violation of another section of this chapter, chapter |
| 31 | 316, or chapter 320. |
| 32 | (5)(4) The department may, upon receiving satisfactory |
| 33 | evidence of any violation of the restriction upon such a |
| 34 | license, except a violation of paragraph (1)(d), subsection (2), |
| 35 | or subsection (3), or subsection (4), suspend or revoke the |
| 36 | license, but the licensee is entitled to a hearing as upon a |
| 37 | suspension or revocation under this chapter. |
| 38 | (6)(5) It is a misdemeanor of the second degree, |
| 39 | punishable as provided in s. 775.082 or s. 775.083, for any |
| 40 | person to operate a motor vehicle in any manner in violation of |
| 41 | the restrictions imposed in a license issued to him or her |
| 42 | except for a violation of paragraph (1)(d), subsection (2), or |
| 43 | subsection (3), or subsection (4). |
| 44 | (7)(6) Any person who operates a motor vehicle in |
| 45 | violation of the restrictions imposed in subsection (2), or |
| 46 | subsection (3), or subsection (4) commits a noncriminal traffic |
| 47 | infraction, punishable as will be charged with a moving |
| 48 | violation as provided in and fined in accordance with chapter |
| 49 | 318. |
| 50 | Section 2. Subsection (1) of section 318.14, Florida |
| 51 | Statutes, is amended to read: |
| 52 | 318.14 Noncriminal traffic infractions; exception; |
| 53 | procedures.-- |
| 54 | (1) Except as provided in ss. 318.17 and 320.07(3)(c), any |
| 55 | person cited for a violation of chapter 316, s. 320.0605, s. |
| 56 | 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2), or |
| 57 | (3), or (4), s. 322.161(5), s. 322.19, or s. 1006.66(3) is |
| 58 | charged with a noncriminal infraction and must be cited for such |
| 59 | an infraction and cited to appear before an official. If another |
| 60 | person dies as a result of the noncriminal infraction, the |
| 61 | person cited may be required to perform 120 community service |
| 62 | hours under s. 316.027(4), in addition to any other penalties. |
| 63 | Section 3. This act shall take effect October 1, 2009. |