Bill Text: FL S0522 | 2010 | Regular Session | Comm Sub
Bill Title: Electronic Wireless Communications Device/Driving [CPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Messages [S0522 Detail]
Download: Florida-2010-S0522-Comm_Sub.html
Florida Senate - 2010 CS for SB 522 By the Committee on Transportation; and Senator Gelber 596-04808-10 2010522c1 1 A bill to be entitled 2 An act relating to the use of an electronic wireless 3 communications device while driving; providing a short 4 title; creating s. 316.3035, F.S.; prohibiting a 5 person younger than 18 years of age from operating a 6 motor vehicle while using a wireless communications 7 device or telephone; providing exceptions; providing 8 for enforcement as a secondary action; providing 9 penalties; amending s. 322.27, F.S.; providing for the 10 suspension of a person’s driver’s license for a 11 violation of s. 316.3035, F.S.; providing an effective 12 date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. This act may be cited as the “You Talk, You Walk 17 Act.” 18 Section 2. Section 316.3035, Florida Statutes, is created 19 to read: 20 316.3035 Wireless communications devices prohibited; 21 persons under 18.— 22 (1)(a) A person younger than 18 years of age may not 23 operate a motor vehicle while using a wireless communications 24 device or telephone in any manner. 25 (b) This subsection does not apply to a person using an 26 electronic wireless communications device to: 27 1. Report illegal activity; 28 2. Summon medical or other emergency help; or 29 3. Prevent injury to a person or property. 30 (2) Enforcement of this section by state or local law 31 enforcement agencies must be accomplished only as a secondary 32 action when an operator of a motor vehicle has been detained for 33 a suspected violation of another provision of this chapter, 34 chapter 320, or chapter 322. 35 (3) A person who violates this section commits a 36 noncriminal traffic infraction, punishable as a nonmoving 37 violation as provided in chapter 318, and shall have his or her 38 driver’s license suspended for 30 days as set forth in s. 39 322.27. 40 Section 3. Subsection (1) of section 322.27, Florida 41 Statutes, is amended to read: 42 322.27 Authority of department to suspend or revoke 43 license.— 44 (1) Notwithstanding any provisions to the contrary in 45 chapter 120, the department is hereby authorized to suspend the 46 license of any person without preliminary hearing upon a showing 47 of its records or other sufficient evidence that the licensee: 48 (a) Has committed an offense for which mandatory revocation 49 of license is required upon conviction. A law enforcement agency 50 must provide information to the department within 24 hours after 51 any traffic fatality or when the law enforcement agency 52 initiates action pursuant to s. 316.1933; 53 (b) Has been convicted of a violation of any traffic law 54 which resulted in a crash that caused the death or personal 55 injury of another or property damage in excess of $500; 56 (c) Is incompetent to drive a motor vehicle; 57 (d) Has permitted an unlawful or fraudulent use of such 58 license or has knowingly been a party to the obtaining of a 59 license by fraud or misrepresentation or to display, or 60 represent as one’s own, any driver’s license not issued him or 61 her. Provided, however, no provision of this section shall be 62 construed to include the provisions of s. 322.32(1); 63 (e) Has committed an offense in another state which if 64 committed in this state would be grounds for suspension or 65 revocation;or66 (f) Has committed a second or subsequent violation of s. 67 316.172(1) within a 5-year period of any previous violation; or.68 (g) Has committed a violation of s. 316.3035. The person 69 shall have his or her driver’s license suspended for 30 days. 70 Section 4. This act shall take effect October 1, 2010.
