Bill Text: FL S0324 | 2010 | Regular Session | Comm Sub

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Bill Title: Motor Vehicle Operators/Text Messaging [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S0324 Detail]

Download: Florida-2010-S0324-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 324 
 
By the Committee on Transportation; and Senator Baker 
596-03646-10                                           2010324c1 
1                        A bill to be entitled 
2         An act relating to motor vehicle operators; amending 
3         s. 316.304, F.S.; prohibiting a person younger than 18 
4         years of age from writing or sending a text message on 
5         an electronic communications device while operating a 
6         motor vehicle; providing for enforcement; providing 
7         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 to 
13  read: 
14         316.304 Using listening or communications devices Wearing 
15  of headsets.— 
16         (1)(a) A No person may not shall operate a vehicle while 
17  wearing a headset, headphone, or other listening device, other 
18  than a hearing aid or instrument for the improvement of 
19  defective human hearing. 
20         (b)(2) This subsection section does not apply to: 
21         1.(a) Any law enforcement officer equipped with any 
22  communication device necessary in performing his or her assigned 
23  duties or to any emergency vehicle operator equipped with any 
24  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 only one ear 
33  and 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 only one ear and allows surrounding sounds to be 
37  heard with the other ear. 
38         (c)(3) The Department of Highway Safety and Motor Vehicles 
39  shall adopt 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         (d)(4) A violation of this subsection section is a 
45  noncriminal traffic infraction, punishable as a nonmoving 
46  violation as provided in chapter 318. 
47         (2)(a) A person younger than 18 years of age may not 
48  operate a motor vehicle while using an electronic communications 
49  device in order to write or send text-based communications, 
50  including text messages, instant messages, or electronic mail. 
51         (b) It is not a violation of this subsection to read, 
52  select, or enter a telephone number or name in an electronic 
53  communications device in order to make or receive a telephone 
54  call. 
55         (c) This subsection does not apply to a person who writes a 
56  text message on an electronic communications device in order to: 
57         1. Report illegal activity; 
58         2. Summon medical or other emergency help; or 
59         3. Prevent injury or damage to a person or property. 
60         (d) A violation of this subsection is a noncriminal traffic 
61  infraction, punishable as a moving violation as provided in 
62  chapter 318. 
63         Section 2. This act shall take effect July 1, 2010.