Bill Text: FL H0835 | 2011 | Regular Session | Introduced

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Bill Title: Traffic Safety

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0835 Detail]

Download: Florida-2011-H0835-Introduced.html

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HB 835

1	A bill to be entitled
2	An act relating to traffic safety; creating the Alex Brown
3	Act; amending s. 316.0075, F.S.; prohibiting the use of
4	handheld cellular telephones and other handheld electronic
5	communications devices by drivers under 18 years of age;
6	providing exceptions; providing penalties; providing an
7	effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  This act may be cited as the "Alex Brown Act."
12	Section 2.  Section 316.0075, Florida Statutes, is amended
13	to read:
14	316.0075  Operator use of commercial mobile radio services
15	and electronic communications devices.-
16	(1)  Regulation of operator or passenger use of commercial
17	mobile radio services and other electronic communications
18	devices in a motor vehicle is expressly preempted to the state.
19	(2)(a)  A person who has not attained 18 years of age and
20	is driving or in actual physical control of a motor vehicle on
21	the roads of this state may not use any type of handheld
22	cellular telephone or other handheld electronic communications
23	device.
24	(b)  This subsection does not apply:
25	1.  To a device that is designed for hands-free use and the
26	person is using it in that manner.
27	2.  When the motor vehicle is stopped and the engine is not
28	running.
29	(c)  A violation of this subsection is a noncriminal
30	traffic infraction, punishable as a moving violation as provided
31	in chapter 318. Upon a second or subsequent violation of this
32	subsection, in addition to the penalties for a moving violation
33	under chapter 318, the department shall suspend the person's
34	driver's license and privilege to drive for a period of 6
35	months.
36	Section 3.  This act shall take effect October 1, 2011.

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