Florida Senate - 2010                                    SB 1082
       
       
       
       By Senator Lynn
       
       
       
       
       7-00847-10                                            20101082__
    1                        A bill to be entitled                      
    2         An act relating to driver’s license restrictions;
    3         amending s. 322.16, F.S.; restricting the number of
    4         passengers under the age of 18 permitted in a vehicle
    5         operated by a person under the age of 18 unless
    6         accompanied by a driver at least 21 years of age;
    7         providing exceptions; providing for secondary
    8         enforcement; providing penalties; providing for
    9         applicability; amending s. 318.14, F.S.; providing
   10         citation procedures for a violation of such
   11         restrictions; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Present subsections (4), (5), and (6) of section
   16  322.16, Florida Statutes, are renumbered as subsections (5),
   17  (6), and (7), respectively, and amended, and a new subsection
   18  (4) is added to that section, to read:
   19         322.16 License restrictions.—
   20         (4)(a)During the first 6 months after the date of his or
   21  her licensure, a person who has not attained 18 years of age may
   22  not operate a motor vehicle while a passenger is in the vehicle
   23  who has not attained 18 years of age unless accompanied by a
   24  driver who holds a valid license to operate the type of vehicle
   25  being operated and who is at least 21 years of age. Thereafter,
   26  until attaining 18 years of age, such person may not operate a
   27  motor vehicle while more than three passengers are in the
   28  vehicle who have not attained 18 years of age. This subsection
   29  does not apply to passengers who are siblings or children of the
   30  driver, whether related by whole or half blood, by affinity, or
   31  by adoption.
   32         (b)State and local law enforcement agencies shall enforce
   33  this subsection only as a secondary action when the driver of a
   34  motor vehicle has been detained for a suspected violation of
   35  another section of this chapter, chapter 316, or chapter 320.
   36         (c)This subsection applies to any person younger than 18
   37  years of age who is issued a driver’s license on or after
   38  October 1, 2010.
   39         (d)This subsection does not apply to a minor whose
   40  disability of nonage has been removed pursuant to s. 743.01.
   41         (5)(4) The department may, upon receiving satisfactory
   42  evidence of any violation of the restriction upon such a
   43  license, except a violation of paragraph (1)(d), subsection (2),
   44  or subsection (3), or subsection (4), suspend or revoke the
   45  license, but the licensee is entitled to a hearing as upon a
   46  suspension or revocation under this chapter.
   47         (6)(5) It is a misdemeanor of the second degree, punishable
   48  as provided in s. 775.082 or s. 775.083, for any person to
   49  operate a motor vehicle in any manner in violation of the
   50  restrictions imposed in a license issued to him or her except
   51  for a violation of paragraph (1)(d), subsection (2), or
   52  subsection (3), or subsection (4).
   53         (7)(6) Any person who operates a motor vehicle in violation
   54  of the restrictions imposed in subsection (2), or subsection
   55  (3), or subsection (4) commits a noncriminal traffic infraction,
   56  punishable as will be charged with a moving violation as
   57  provided in and fined in accordance with chapter 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.


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