Florida Senate - 2014                                     SB 988
       
       
        
       By Senator Margolis
       
       
       
       
       
       35-01087A-14                                           2014988__
    1                        A bill to be entitled                      
    2         An act relating to driving safety; creating s.
    3         316.306, F.S.; prohibiting a driver from using a
    4         cellular telephone or other wireless communications
    5         device in a school zone, in a school crossing, or on
    6         school district property; providing exceptions;
    7         providing penalties; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 316.306, Florida Statutes, is created to
   12  read:
   13         316.306 Use of cellular telephone or wireless
   14  communications device in school zone while operating a motor
   15  vehicle; prohibition.—
   16         (1)(a) A person may not operate a motor vehicle in a
   17  legally posted school zone, in a designated school crossing, or
   18  on school district property while using any type of cellular
   19  telephone or wireless communications device to communicate by
   20  speaking or listening or by sending or reading data, including,
   21  but not limited to, texting, e-mailing, and instant messaging.
   22  As used in this section, the term “wireless communications
   23  device” has the same meaning as in s. 316.305.
   24         (b) Paragraph (a) does not apply to a motor vehicle
   25  operator who is:
   26         1. Performing official duties as an operator of an
   27  authorized emergency vehicle as defined in s. 322.01, a law
   28  enforcement or fire service professional, or an emergency
   29  medical services professional.
   30         2. Reporting an emergency or criminal or suspicious
   31  activity to law enforcement authorities.
   32         3. Receiving messages that are:
   33         a. Related to the operation or navigation of the motor
   34  vehicle;
   35         b. Safety-related information, including emergency,
   36  traffic, or weather alerts;
   37         c. Data used primarily by the motor vehicle; or
   38         d. Radio broadcasts.
   39         4. Using a device or system for navigation purposes.
   40         5. Operating an autonomous vehicle, as defined in s.
   41  316.003, in autonomous mode.
   42         (2) A person who violates this section commits a
   43  noncriminal traffic infraction, punishable as a moving violation
   44  as provided in chapter 318.
   45         Section 2. This act shall take effect October 1, 2014.