Bill Text: FL S0522 | 2010 | Regular Session | Introduced

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

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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-Introduced.html

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Florida Senate - 2010                                     SB 522 
 
By Senator Gelber 
35-00301C-10                                           2010522__ 
1                        A bill to be entitled 
2         An act relating to the use of an electronic wireless 
3         communications device while driving; creating s. 
4         316.3035, F.S.; prohibiting a person younger than 18 
5         years of age from operating a motor vehicle while 
6         using a wireless communications device or telephone; 
7         providing exceptions; providing penalties; amending s. 
8         322.27, F.S.; providing for the assessment of points 
9         under the driver’s license point system for certain 
10         violations; providing an effective date. 
11 
12  Be It Enacted by the Legislature of the State of Florida: 
13 
14         Section 1. Section 316.3035, Florida Statutes, is created 
15  to read: 
16         316.3035 Wireless communications devices prohibited; 
17  persons under 18.— 
18         (1)(a) A person younger than 18 years of age may not 
19  operate a motor vehicle while using a wireless communications 
20  device or telephone in any manner. 
21         (b) This subsection does not apply to a person using an 
22  electronic wireless communications device to: 
23         1. Report illegal activity; 
24         2. Summon medical or other emergency help; or 
25         3. Prevent injury to a person or property. 
26         (2) A person who violates this section: 
27         (a) Shall have one point assessed against his or her 
28  driver’s license pursuant to s. 322.27; and 
29         (b)1. If that person holds a learner’s driver’s license 
30  issued under s. 322.1615, he or she may not be issued a driver’s 
31  license until he or she attains 18 years of age; or 
32         2. If that person holds a Class E driver’s license, for a 
33  period of 3 months he or she may operate a motor vehicle only 
34  under the restrictions that apply to the holder of a learner’s 
35  driver’s license issued under s. 322.1615, except when traveling 
36  to or from school or such person’s place of employment. 
37         Section 2. Paragraph (d) of subsection (3) of section 
38  322.27, Florida Statutes, is amended to read: 
39         322.27 Authority of department to suspend or revoke 
40  license.— 
41         (3) There is established a point system for evaluation of 
42  convictions of violations of motor vehicle laws or ordinances, 
43  and violations of applicable provisions of s. 403.413(6)(b) when 
44  such violations involve the use of motor vehicles, for the 
45  determination of the continuing qualification of any person to 
46  operate a motor vehicle. The department is authorized to suspend 
47  the license of any person upon showing of its records or other 
48  good and sufficient evidence that the licensee has been 
49  convicted of violation of motor vehicle laws or ordinances, or 
50  applicable provisions of s. 403.413(6)(b), amounting to 12 or 
51  more points as determined by the point system. The suspension 
52  shall be for a period of not more than 1 year. 
53         (d) The point system shall have as its basic element a 
54  graduated scale of points assigning relative values to 
55  convictions of the following violations: 
56         1. Reckless driving, willful and wanton—4 points. 
57         2. Leaving the scene of a crash resulting in property 
58  damage of more than $50—6 points. 
59         3. Unlawful speed resulting in a crash—6 points. 
60         4. Passing a stopped school bus—4 points. 
61         5. Unlawful speed: 
62         a. Not in excess of 15 miles per hour of lawful or posted 
63  speed—3 points. 
64         b. In excess of 15 miles per hour of lawful or posted 
65  speed—4 points. 
66         6. A violation of a traffic control signal device as 
67  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 
68         7. All other moving violations (including parking on a 
69  highway outside the limits of a municipality)—3 points. However, 
70  no points shall be imposed for a violation of s. 316.0741 or s. 
71  316.2065(12). 
72         8. Any moving violation covered above, excluding unlawful 
73  speed, resulting in a crash—4 points. 
74         9. Any conviction under s. 403.413(6)(b)—3 points. 
75         10. Any conviction under s. 316.0775(2)—4 points. 
76         11. Any conviction under s. 316.3035—1 point. 
77         Section 3. This act shall take effect October 1, 2010.