1 | A bill to be entitled |
2 | An act relating to traffic safety; creating the Alex Brown |
3 | Act; amending s. 316.0075, F.S.; prohibiting the use of |
4 | handheld cellular telephones and other handheld electronic |
5 | communications devices by drivers under 18 years of age; |
6 | providing exceptions; providing penalties; providing an |
7 | effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. This act may be cited as the "Alex Brown Act." |
12 | Section 2. Section 316.0075, Florida Statutes, is amended |
13 | to read: |
14 | 316.0075 Operator use of commercial mobile radio services |
15 | and electronic communications devices.- |
16 | (1) Regulation of operator or passenger use of commercial |
17 | mobile radio services and other electronic communications |
18 | devices in a motor vehicle is expressly preempted to the state. |
19 | (2)(a) A person who has not attained 18 years of age and |
20 | is driving or in actual physical control of a motor vehicle on |
21 | the roads of this state may not use any type of handheld |
22 | cellular telephone or other handheld electronic communications |
23 | device. |
24 | (b) This subsection does not apply: |
25 | 1. To a device that is designed for hands-free use and the |
26 | person is using it in that manner. |
27 | 2. When the motor vehicle is stopped and the engine is not |
28 | running. |
29 | (c) A violation of this subsection is a noncriminal |
30 | traffic infraction, punishable as a moving violation as provided |
31 | in chapter 318. Upon a second or subsequent violation of this |
32 | subsection, in addition to the penalties for a moving violation |
33 | under chapter 318, the department shall suspend the person's |
34 | driver's license and privilege to drive for a period of 6 |
35 | months. |
36 | Section 3. This act shall take effect October 1, 2011. |