HB 187

1
A bill to be entitled
2An act relating to traffic safety; providing a short
3title; amending s. 316.0075, F.S.; prohibiting the use
4of handheld cellular telephones and other electronic
5communications devices by drivers under 18 years of
6age and persons driving school buses; providing
7exceptions; providing penalties; amending s. 318.14,
8F.S.; providing citation procedures for violations;
9amending s. 322.08, F.S.; providing for a voluntary
10checkoff on driver's license applications to permit
11contributions to the AAA Foundation for Traffic
12Safety; providing that such contributions are not
13considered income of a revenue nature for purposes of
14a service charge; creating s. 322.144, F.S.; requiring
15the Department of Highway Safety and Motor Vehicles to
16issue a distinctive placard when issuing or reissuing
17a driver's license to a person under a certain age;
18requiring such person to display the placard at all
19times while operating a motor vehicle; providing
20penalties; amending s. 322.16, F.S.; restricting the
21number of certain passengers permitted in a vehicle
22operated by a person under a certain age; providing
23for exceptions; providing penalties; providing an
24effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  This act may be cited as the "Minor Traffic
29Safety Act."
30     Section 2.  Section 316.0075, Florida Statutes, is amended
31to read:
32     316.0075  Operator use of commercial mobile radio services
33and electronic communications devices.-
34     (1)  Regulation of operator or passenger use of commercial
35mobile radio services and other electronic communications
36devices in a motor vehicle is expressly preempted to the state.
37     (2)(a)  A person who has not attained 18 years of age and
38is driving or in actual physical control of a motor vehicle on
39the roads of this state may not use any type of hand-held
40cellular telephone or other hand-held electronic communications
41device.
42     (b)  A person who is driving or in actual physical control
43of a school bus transporting any student to a public or private
44school on the roads of this state may not use any type of hand-
45held cellular telephone or other hand-held electronic
46communications device.
47     (c)  This subsection does not apply:
48     1.  To a device that is designed for hands-free use and the
49person is using it in that manner.
50     2.  When the motor vehicle is stopped and the engine is not
51running.
52     (d)  A violation of this subsection is a noncriminal
53traffic infraction, punishable as a nonmoving violation as
54provided in chapter 318.
55     Section 3.  Subsection (1) of section 318.14, Florida
56Statutes, is amended to read:
57     318.14  Noncriminal traffic infractions; exception;
58procedures.-
59     (1)  Except as provided in ss. 318.17 and 320.07(3)(c), any
60person cited for a violation of chapter 316, s. 320.0605, s.
61320.07(3)(a) or (b), s. 322.065, s. 322.144(2), s. 322.15(1), s.
62322.16(2), or (3), or (4), s. 322.1615, s. 322.19, or s.
631006.66(3) is charged with a noncriminal infraction and must be
64cited for such an infraction and cited to appear before an
65official. If another person dies as a result of the noncriminal
66infraction, the person cited may be required to perform 120
67community service hours under s. 316.027(4), in addition to any
68other penalties.
69     Section 4.  Subsection (7) of section 322.08, Florida
70Statutes, is amended to read:
71     322.08  Application for license; requirements for license
72and identification card forms.-
73     (7)  The application form for an original, renewal, or
74replacement driver's license or identification card shall
75include language permitting the following:
76     (a)  A voluntary contribution of $1 per applicant, which
77contribution shall be deposited into the Health Care Trust Fund
78for organ and tissue donor education and for maintaining the
79organ and tissue donor registry.
80     (b)  A voluntary contribution of $1 per applicant, which
81contribution shall be distributed to the Florida Council of the
82Blind.
83     (c)  A voluntary contribution of $2 per applicant, which
84shall be distributed to the Hearing Research Institute,
85Incorporated.
86     (d)  A voluntary contribution of $1 per applicant, which
87shall be distributed to the Juvenile Diabetes Foundation
88International.
89     (e)  A voluntary contribution of $1 per applicant, which
90shall be distributed to the Children's Hearing Help Fund.
91     (f)  A voluntary contribution of $1 per applicant, which
92shall be distributed to Family First, a nonprofit organization.
93     (g)  A voluntary contribution of $1 per applicant to Stop
94Heart Disease, which shall be distributed to the Florida Heart
95Research Institute, a nonprofit organization.
96     (h)  A voluntary contribution of $1 per applicant to Senior
97Vision Services, which shall be distributed to the Florida
98Association of Agencies Serving the Blind, Inc., a not-for-
99profit organization.
100     (i)  A voluntary contribution of $1 per applicant for
101services for persons with developmental disabilities, which
102shall be distributed to The Arc of Florida.
103     (j)  A voluntary contribution of $1 to the Ronald McDonald
104House, which shall be distributed each month to Ronald McDonald
105House Charities of Tampa Bay, Inc.
106     (k)  Notwithstanding s. 322.081, a voluntary contribution
107of $1 per applicant, which shall be distributed to the League
108Against Cancer/La Liga Contra el Cancer, a not-for-profit
109organization.
110     (l)  A voluntary contribution of $1 per applicant to
111Prevent Child Sexual Abuse, which shall be distributed to
112Lauren's Kids, Inc., a nonprofit organization.
113     (m)  A voluntary contribution of $1 per applicant, which
114shall be distributed to Prevent Blindness Florida, a not-for-
115profit organization, to prevent blindness and preserve the sight
116of the residents of this state.
117     (n)  Notwithstanding s. 322.081, a voluntary contribution
118of $1 per applicant to the state homes for veterans, to be
119distributed on a quarterly basis by the department to the State
120Homes for Veterans Trust Fund, which is administered by the
121Department of Veterans' Affairs.
122     (o)  A voluntary contribution of $1 per applicant to the
123Disabled American Veterans, Department of Florida, which shall
124be distributed quarterly to Disabled American Veterans,
125Department of Florida, a nonprofit organization.
126     (p)  A voluntary contribution of $1 per applicant, which
127shall be distributed to the AAA Foundation for Traffic Safety, a
128nonprofit organization.
129
130A statement providing an explanation of the purpose of the trust
131funds shall also be included. For the purpose of applying the
132service charge provided in s. 215.20, contributions received
133under paragraphs (b)-(p) (b)-(o) are not income of a revenue
134nature.
135     Section 5.  Section 322.144, Florida Statutes, is created
136to read:
137     322.144  Identifying placards for minors.-
138     (1)  When the department issues or reissues a license for
139the operation of motor vehicles to a person who has not attained
14018 years of age, the department shall also issue to the person a
141placard that can be placed in a motor vehicle so as to be
142visible from the front and rear of the vehicle. Each side of the
143placard shall have markings or color which shall be obviously
144separate and distinct from all other placards issued by the
145department and shall bear a warning that the person must display
146the placard at all times while operating a motor vehicle.
147     (2)  A driver who has not attained 18 years of age must
148display the placard issued under this section at all times while
149operating a motor vehicle. The placard must be displayed so as
150to be visible from the front and rear of the vehicle.
151     (3)  A person who violates subsection (2) commits a
152noncriminal traffic infraction, punishable as a nonmoving
153violation as provided in chapter 318.
154     Section 6.  Subsections (4), (5), and (6) of section
155322.16, Florida Statutes, are amended and renumbered as
156subsections (5), (6), and (7), respectively, and a new
157subsection (4) is added to that section, to read:
158     322.16  License restrictions.-
159     (4)  A person who holds a driver's license who is under 18
160years of age may not operate a motor vehicle with more than one
161passenger in the vehicle who is under 18 years of age, unless
162any additional passenger or passengers under 18 years of age are
163siblings or children of the driver, whether related by the whole
164or half blood, by affinity, or by adoption.
165     (5)(4)  The department may, upon receiving satisfactory
166evidence of any violation of the restriction upon such a
167license, except a violation of paragraph (1)(d), subsection (2),
168or subsection (3), or subsection (4), suspend or revoke the
169license, but the licensee is entitled to a hearing as upon a
170suspension or revocation under this chapter.
171     (6)(5)  It is a misdemeanor of the second degree,
172punishable as provided in s. 775.082 or s. 775.083, for any
173person to operate a motor vehicle in any manner in violation of
174the restrictions imposed under paragraph (1)(c).
175     (7)(6)  Any person who operates a motor vehicle in
176violation of the restrictions imposed under paragraph (1)(a),
177paragraph (1)(b), subsection (2), or subsection (3), or
178subsection (4) commits a noncriminal traffic infraction,
179punishable as will be charged with a moving violation as
180provided in and fined in accordance with chapter 318.
181     Section 7.  This act shall take effect October 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.