Bill Text: FL S0608 | 2010 | Regular Session | Introduced

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Bill Title: Cellular Telephones/Use While Driving [CPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Transportation [S0608 Detail]

Download: Florida-2010-S0608-Introduced.html

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Florida Senate - 2010                                     SB 608 
 
By Senator Rich 
34-00272-10                                            2010608__ 
1                        A bill to be entitled 
2         An act relating to the use of cellular telephones; 
3         prohibiting the use of a cellular telephone while 
4         operating a motor vehicle except when using a headset 
5         or hands-free device; providing exemptions; providing 
6         a penalty; providing for enforcement only as a 
7         secondary offense; providing an effective date. 
8 
9  Be It Enacted by the Legislature of the State of Florida: 
10 
11         Section 1. Cellular telephones.— 
12         (1) Except when using a headset pursuant to s. 316.304, 
13  Florida Statutes, or a hands-free device, a person may not 
14  operate a motor vehicle on a street or highway while dialing or 
15  sending a telephone call on a cellular telephone or while 
16  listening to or speaking on a cellular telephone, as defined in 
17  s. 817.4821, Florida Statutes. 
18         (2) This section does not apply to: 
19         (a) A law enforcement officer or an emergency vehicle 
20  operator using a cellular telephone in the line of duty; 
21         (b) A person using a cellular telephone in order to report 
22  illegal activity; 
23         (c) A person using a cellular telephone in order to summon 
24  medical or other emergency help; or 
25         (d) A person using a cellular telephone in order to prevent 
26  injury or damage to a person or property. 
27         (3) A violation of this section is a noncriminal traffic 
28  infraction, punishable as a nonmoving violation as provided in 
29  chapter 318, Florida Statutes. However, this section may be 
30  enforced by a state or local law enforcement officer only as a 
31  secondary action when the operator of a motor vehicle has been 
32  detained for a suspected violation of any provision of chapter 
33  316, chapter 320, or chapter 322, Florida Statutes. 
34         Section 2. This act shall take effect July 1, 2010.