Bill Text: FL H0893 | 2010 | Regular Session | Introduced

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Bill Title: Use of Cellular Telephones

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Roads, Bridges, & Ports Policy (EDCA) [H0893 Detail]

Download: Florida-2010-H0893-Introduced.html

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HB 893

1	A bill to be entitled
2	An act relating to the use of cellular telephones;
3	providing a short title; prohibiting the use of a cellular
4	telephone while operating a motor vehicle except when
5	using a headset or hands-free device; providing
6	exemptions; providing a penalty; providing for enforcement
7	only as a secondary offense; providing an 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 "Heather's Law."
12	Section 2. Cellular telephones.-
13	(1) Except when using a headset as allowed in s. 316.304,
14	Florida Statutes, or a hands-free device, a person may not
15	operate a motor vehicle on the highways of this state while
16	dialing or sending a telephone call or text message on a
17	cellular telephone or while listening to or speaking on a
18	cellular telephone. As used in this section, the term "cellular
19	telephone" has the same meaning as in s. 817.4821, Florida
20	Statutes.
21	(2) This section does not prohibit the use of a cellular
22	telephone for safety or law enforcement purposes if the use is
23	approved by the Department of Highway Safety and Motor Vehicles.
24	(3) A violation of this section is a noncriminal traffic
25	infraction, punishable as a nonmoving violation as provided in
26	chapter 318, Florida Statutes. However, this section may be
27	enforced by a state or local law enforcement agency only as a
28	secondary action when the operator of a motor vehicle has been
29	detained for a suspected violation of chapter 316, chapter 320,
30	or chapter 322, Florida Statutes.
31	Section 3. This act shall take effect July 1, 2010.

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