Bill Text: FL H0041 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Use of Wireless Communications Device/Driving

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - Died in Finance & Tax Council [H0041 Detail]

Download: Florida-2010-H0041-Introduced.html

---

HB 41

1	A bill to be entitled
2	An act relating to use of an electronic wireless
3	communications device while driving; amending s. 316.304,
4	F.S.; prohibiting the operation of a moving motor vehicle
5	while reading, manually writing or typing, or sending a
6	message on an electronic wireless communications device;
7	providing exceptions; providing penalties; providing an
8	effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Section 316.304, Florida Statutes, is amended
13	to read:
14	316.304 Use of listening or communications devices;
15	restrictions Wearing of headsets.--
16	(1)(a) No person shall operate a vehicle while wearing a
17	headset, headphone, or other listening device, other than a
18	hearing aid or instrument for the improvement of defective human
19	hearing.
20	(b)(2) This subsection section does not apply to:
21	1.(a) Any law enforcement officer equipped with any
22	communications communication device necessary in performing his
23	or her assigned duties or to any emergency vehicle operator
24	equipped with any ear protection device.
25	2.(b) Any applicant for a license to operate a motorcycle
26	while taking the examination required by s. 322.12(5).
27	3.(c) Any person operating a motorcycle who is using a
28	headset that is installed in a helmet and worn so as to prevent
29	the speakers from making direct contact with the user's ears so
30	that the user can hear surrounding sounds.
31	4.(d) Any person using a headset in conjunction with a
32	cellular telephone that only provides sound through one ear and
33	allows surrounding sounds to be heard with the other ear.
34	5.(e) Any person using a headset in conjunction with
35	communicating with the central base operation that only provides
36	sound through one ear and allows surrounding sounds to be heard
37	with the other ear.
38	(c)(3) The Department of Highway Safety and Motor Vehicles
39	shall promulgate, by administrative rule, standards and
40	specifications for headset equipment the use of which is
41	permitted under this subsection section. The department shall
42	inspect and review all such devices submitted to it and shall
43	publish a list by name and type of approved equipment.
44	(2)(a) No person shall operate a moving motor vehicle
45	while reading, manually writing or typing, or sending a message
46	on an electronic wireless communications device.
47	(b) This subsection does not apply to a person operating
48	an authorized emergency vehicle or using an electronic wireless
49	communications device to:
50	1. Report illegal activity;
51	2. Summon medical or other emergency help; or
52	3. Prevent injury to a person or property.
53	(3)(4) A violation of this section is a noncriminal
54	traffic infraction, punishable as a nonmoving violation as
55	provided in chapter 318.
56	Section 2. This act shall take effect October 1, 2010.

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