Bill Text: FL S0448 | 2010 | Regular Session | Introduced

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

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Bill Title: Wireless Communications Device/Driving [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Messages [S0448 Detail]

Download: Florida-2010-S0448-Introduced.html

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Florida Senate - 2010                                     SB 448 
 
By Senator Detert 
23-00466-10                                            2010448__ 
1                        A bill to be entitled 
2         An act relating to the use of an electronic wireless 
3         communications device while driving; amending s. 
4         316.304, F.S.; prohibiting the operation of a moving 
5         motor vehicle while reading, manually writing, or 
6         sending a message on an electronic wireless 
7         communications device; providing exceptions; providing 
8         penalties; providing an 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 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 while 
45  reading, manually writing, or sending a message on an electronic 
46  wireless communications device. 
47         (b) This subsection does not apply to a person operating an 
48  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 traffic 
54  infraction, punishable as a nonmoving violation as provided in 
55  chapter 318. 
56         Section 2. This act shall take effect October 1, 2010.