Bill Text: FL S0244 | 2010 | Regular Session | Introduced

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Bill Title: Heather's Law/Cellular Telephone Use in Vehicles [CPSC]

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S0244 Detail]

Download: Florida-2010-S0244-Introduced.html

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Florida Senate - 2010                                     SB 244 
 
By Senator Wilson 
33-00094-10                                            2010244__ 
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 
4         cellular telephone while operating a motor vehicle 
5         except when using a headset or hands-free device; 
6         providing exemptions; providing a penalty; providing 
7         for enforcement only as a secondary offense; providing 
8         an effective date. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
12         Section 1. This act may be cited as “Heather’s Law.” 
13         Section 2. Cellular telephones.— 
14         (1) Except when using a headset as allowed in s. 316.304, 
15  Florida Statutes, or a hands-free device, a person may not 
16  operate a motor vehicle on the highways of this state while 
17  dialing or sending a telephone call or text message on a 
18  cellular telephone or while listening to or speaking on a 
19  cellular telephone. As used in this section, the term “cellular 
20  telephone” has the same meaning as in s. 817.4821, Florida 
21  Statutes. 
22         (2) This section does not prohibit the use of a cellular 
23  telephone for safety or law enforcement purposes if the use is 
24  approved by the Department of Highway Safety and Motor Vehicles. 
25         (3) A violation of this section is a noncriminal traffic 
26  infraction, punishable as a nonmoving violation as provided in 
27  chapter 318, Florida Statutes. However, this section may be 
28  enforced by a state or local law enforcement agency only as a 
29  secondary action when the operator of a motor vehicle has been 
30  detained for a suspected violation of chapter 316, chapter 320, 
31  or chapter 322, Florida Statutes. 
32         Section 3. This act shall take effect July 1, 2010.