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