Florida Senate - 2013                                     SB 152
       
       
       
       By Senator Altman
       
       
       
       
       16-00192A-13                                           2013152__
    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 a
    7         penalty; amending s. 318.14, F.S.; providing
    8         procedures for a citation issued following a violation
    9         of certain restrictions, to conform to changes made by
   10         the act; amending s. 318.1451, F.S.; requiring that
   11         the course content of driver improvement schools
   12         include awareness training about using certain
   13         electronic devices while driving; authorizing the
   14         Department of Highway Safety and Motor Vehicles to
   15         update course content requirements; amending s.
   16         320.02, F.S.; providing for a voluntary check-off on
   17         motor vehicle registration forms to make a
   18         contribution to the Auto Club South Traffic Safety
   19         Foundation; amending s. 322.0261, F.S.; requiring
   20         course content of driver improvement schools to
   21         include awareness training about using certain
   22         electronic devices while driving; authorizing the
   23         department to update course content requirements;
   24         amending s. 322.08, F.S.; providing for a voluntary
   25         check-off on driver license application forms to make
   26         a contribution to the Auto Club South Traffic Safety
   27         Foundation; amending s. 322.095, F.S.; requiring
   28         traffic law and substance abuse education program
   29         content to include awareness of using certain
   30         electronic devices while driving; authorizing the
   31         department to update course content requirements;
   32         amending s. 322.16, F.S.; restricting the number of
   33         passengers under the age of 18 permitted in a vehicle
   34         operated by a person under the age of 18 unless
   35         accompanied by a driver at least 21 years of age;
   36         providing exceptions; providing for applicability;
   37         providing penalties; providing an effective date.
   38  
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. This act may be cited as the “Minor Traffic
   42  Safety Act.”
   43         Section 2. Section 316.3035, Florida Statutes, is created
   44  to read:
   45         316.3035Wireless communications devices prohibited;
   46  persons under 18.—
   47         (1)(a) A person younger than 18 years of age may not
   48  operate a motor vehicle while using a wireless communications
   49  device or telephone in any manner.
   50         (b) This subsection does not apply to a person using a
   51  wireless communications device to:
   52         1. Report illegal activity;
   53         2. Summon medical or other emergency help; or
   54         3. Prevent injury to a person or damage to property.
   55         (2) A person who violates this section commits a
   56  noncriminal traffic infraction, punishable as a nonmoving
   57  violation as provided in chapter 318, and shall have his or her
   58  driver license suspended for 30 days as set forth in s. 322.27.
   59         Section 3. Subsection (1) of section 318.14, Florida
   60  Statutes, is amended to read:
   61         318.14 Noncriminal traffic infractions; exception;
   62  procedures.—
   63         (1) Except as provided in ss. 318.17 and 320.07(3)(c), any
   64  person cited for a violation of chapter 316, s. 320.0605, s.
   65  320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2), or
   66  (3), or (4), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged
   67  with a noncriminal infraction and must be cited for such an
   68  infraction and cited to appear before an official. If another
   69  person dies as a result of the noncriminal infraction, the
   70  person cited may be required to perform 120 community service
   71  hours under s. 316.027(4), in addition to any other penalties.
   72         Section 4. Paragraph (a) of subsection (2) of section
   73  318.1451, Florida Statutes, is amended to read:
   74         318.1451 Driver improvement schools.—
   75         (2)(a) In determining whether to approve the courses
   76  referenced in this section, the department shall consider course
   77  content designed to promote safety, driver awareness, crash
   78  avoidance techniques, awareness of the risks associated with
   79  using handheld electronic communication devices while operating
   80  a motor vehicle, and other factors or criteria to improve driver
   81  performance from a safety viewpoint. The department is
   82  authorized to require that course curricula be updated to meet
   83  evolving driver safety issues.
   84         Section 5. Paragraph (s) is added to subsection (15) of
   85  section 320.02, Florida Statutes, to read:
   86         320.02 Registration required; application for registration;
   87  forms.—
   88         (15) 
   89         (s)  Notwithstanding s. 26 of chapter 2010-223, Laws of
   90  Florida, the application form for motor vehicle registration and
   91  renewal registration must include a provision permitting a
   92  voluntary contribution of $1 or more per applicant, to be
   93  distributed to the Auto Club South Traffic Safety Foundation, a
   94  nonprofit organization. Funds received by the foundation shall
   95  be used to improve traffic safety culture in communities through
   96  effective outreach, education, and activities that will save
   97  lives, reduce injuries, and prevent crashes. The foundation must
   98  comply with s. 320.023.
   99  
  100  For the purpose of applying the service charge provided in s.
  101  215.20, contributions received under this subsection are not
  102  income of a revenue nature.
  103         Section 6. Subsection (5) of section 322.0261, Florida
  104  Statutes, is amended to read:
  105         322.0261 Driver improvement course; requirement to maintain
  106  driving privileges; failure to complete; department approval of
  107  course.—
  108         (5) In determining whether to approve a driver improvement
  109  course for the purposes of this section, the department shall
  110  consider course content designed to promote safety, driver
  111  awareness, crash avoidance techniques, awareness of the risks
  112  associated with using handheld electronic communication devices
  113  while operating a motor vehicle, and other factors or criteria
  114  to improve driver performance from a safety viewpoint. The
  115  department is authorized to require that course curricula be
  116  updated to meet evolving driver safety issues.
  117         Section 7. Subsection (7) of section 322.08, Florida
  118  Statutes, is amended to read:
  119         322.08 Application for license; requirements for license
  120  and identification card forms.—
  121         (7) The application form for an original, renewal, or
  122  replacement driver license or identification card shall include
  123  language permitting the following:
  124         (a) A voluntary contribution of $1 per applicant, which
  125  contribution shall be deposited into the Health Care Trust Fund
  126  for organ and tissue donor education and for maintaining the
  127  organ and tissue donor registry.
  128         (b) A voluntary contribution of $1 per applicant, which
  129  contribution shall be distributed to the Florida Council of the
  130  Blind.
  131         (c) A voluntary contribution of $2 per applicant, which
  132  shall be distributed to the Hearing Research Institute,
  133  Incorporated.
  134         (d) A voluntary contribution of $1 per applicant, which
  135  shall be distributed to the Juvenile Diabetes Foundation
  136  International.
  137         (e) A voluntary contribution of $1 per applicant, which
  138  shall be distributed to the Children’s Hearing Help Fund.
  139         (f) A voluntary contribution of $1 per applicant, which
  140  shall be distributed to Family First, a nonprofit organization.
  141         (g) A voluntary contribution of $1 per applicant to Stop
  142  Heart Disease, which shall be distributed to the Florida Heart
  143  Research Institute, a nonprofit organization.
  144         (h) A voluntary contribution of $1 per applicant to Senior
  145  Vision Services, which shall be distributed to the Florida
  146  Association of Agencies Serving the Blind, Inc., a not-for
  147  profit organization.
  148         (i) A voluntary contribution of $1 per applicant for
  149  services for persons with developmental disabilities, which
  150  shall be distributed to The Arc of Florida.
  151         (j) A voluntary contribution of $1 to the Ronald McDonald
  152  House, which shall be distributed each month to Ronald McDonald
  153  House Charities of Tampa Bay, Inc.
  154         (k) Notwithstanding s. 322.081, a voluntary contribution of
  155  $1 per applicant, which shall be distributed to the League
  156  Against Cancer/La Liga Contra el Cancer, a not-for-profit
  157  organization.
  158         (l) A voluntary contribution of $1 per applicant to Prevent
  159  Child Sexual Abuse, which shall be distributed to Lauren’s Kids,
  160  Inc., a nonprofit organization.
  161         (m) A voluntary contribution of $1 per applicant, which
  162  shall be distributed to Prevent Blindness Florida, a not-for
  163  profit organization, to prevent blindness and preserve the sight
  164  of the residents of this state.
  165         (n) Notwithstanding s. 322.081, a voluntary contribution of
  166  $1 per applicant to the state homes for veterans, to be
  167  distributed on a quarterly basis by the department to the State
  168  Homes for Veterans Trust Fund, which is administered by the
  169  Department of Veterans’ Affairs.
  170         (o) A voluntary contribution of $1 per applicant to the
  171  Disabled American Veterans, Department of Florida, which shall
  172  be distributed quarterly to Disabled American Veterans,
  173  Department of Florida, a nonprofit organization.
  174         (p) A voluntary contribution of $1 per applicant for Autism
  175  Services and Supports, which shall be distributed to Achievement
  176  and Rehabilitation Centers, Inc., Autism Services Fund.
  177         (q) A voluntary contribution of $1 per applicant to Support
  178  Our Troops, which shall be distributed to Support Our Troops,
  179  Inc., a Florida not-for-profit organization.
  180         (r) Notwithstanding s. 26 of chapter 2010-223, Laws of
  181  Florida, a voluntary contribution of $1 or more per applicant to
  182  the Auto Club South Traffic Safety Foundation, a nonprofit
  183  organization. Funds received by the foundation shall be used to
  184  improve traffic safety culture in communities through effective
  185  outreach, education, and activities that will save lives, reduce
  186  injuries, and prevent crashes. The foundation must comply with
  187  s. 322.081.
  188  
  189  A statement providing an explanation of the purpose of the trust
  190  funds shall also be included. For the purpose of applying the
  191  service charge provided in s. 215.20, contributions received
  192  under paragraphs (b)-(r) (b)-(q) are not income of a revenue
  193  nature.
  194         Section 8. Subsection (1) of section 322.095, Florida
  195  Statutes, is amended to read:
  196         322.095 Traffic law and substance abuse education program
  197  for driver’s license applicants.—
  198         (1) The Department of Highway Safety and Motor Vehicles
  199  must approve traffic law and substance abuse education courses
  200  that must be completed by applicants for a Florida driver’s
  201  license. The curricula for the courses must provide instruction
  202  on the physiological and psychological consequences of the abuse
  203  of alcohol and other drugs, the societal and economic costs of
  204  alcohol and drug abuse, the effects of alcohol and drug abuse on
  205  the driver of a motor vehicle, awareness of the risks associated
  206  with using handheld electronic communication devices while
  207  operating a motor vehicle, and the laws of this state relating
  208  to the operation of a motor vehicle. All instructors teaching
  209  the courses shall be certified by the department. The department
  210  is authorized to require that course curricula be updated to
  211  meet evolving driver safety issues.
  212         Section 9. Present subsections (4), (5), and (6) of section
  213  322.16, Florida Statutes, are renumbered as subsections (5),
  214  (6), and (7), respectively, and amended, and a new subsection
  215  (4) is added to that section, to read:
  216         322.16 License restrictions.—
  217         (4)(a) A person who has not attained 18 years of age may
  218  not operate a motor vehicle while more than three passengers are
  219  in the vehicle who have not attained 18 years of age unless
  220  accompanied by a driver who holds a valid license to operate the
  221  type of vehicle being operated and who is at least 21 years of
  222  age. This subsection does not apply to passengers who are
  223  siblings or children of the driver, whether related by whole or
  224  half blood, by affinity, or by adoption.
  225         (b) This subsection applies to any person younger than 18
  226  years of age who is issued a driver license on or after October
  227  1, 2013.
  228         (5)(4) The department may, upon receiving satisfactory
  229  evidence of any violation of the restriction upon such a
  230  license, except a violation of paragraph (1)(d), subsection (2),
  231  or subsection (3), or subsection (4), suspend or revoke the
  232  license, but the licensee is entitled to a hearing as upon a
  233  suspension or revocation under this chapter.
  234         (6)(5) It is a misdemeanor of the second degree, punishable
  235  as provided in s. 775.082 or s. 775.083, for any person to
  236  operate a motor vehicle in any manner in violation of the
  237  restrictions imposed under paragraph (1)(c).
  238         (7)(6) Any person who operates a motor vehicle in violation
  239  of the restrictions imposed under paragraph (1)(a), paragraph
  240  (1)(b), subsection (2), or subsection (3), or subsection (4)
  241  will be charged with a moving violation and fined in accordance
  242  with chapter 318.
  243         Section 10. This act shall take effect July 1, 2013.