House Bill hb1367

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    Florida House of Representatives - 2002                HB 1367

        By Representative Diaz de la Portilla






  1                      A bill to be entitled

  2         An act relating to the use of a cellular

  3         telephone while operating a motor vehicle

  4         within a school zone; creating s. 316.1897,

  5         F.S.; defining the terms "cellular telephone"

  6         and "hands-free device"; prohibiting a person

  7         from using a cellular telephone that is not

  8         equipped with a hands-free device while

  9         operating a motor vehicle in a school zone

10         during a time when the reduced speed limit is

11         in effect; providing that such traffic

12         infraction is punishable as a moving violation;

13         amending s. 318.18, F.S.; providing a penalty

14         for violating s. 316.1897, F.S.; amending s.

15         316.1895, F.S.; providing requirements for

16         signs that designate a school zone; requiring

17         the Department of Transportation to establish

18         standards for the signs; providing an effective

19         date.

20

21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Section 316.1897, Florida Statutes, is

24  created to read:

25         316.1897  Use of cellular telephone while operating a

26  motor vehicle within a school zone prohibited.--

27         (1)  As used in this section, the term:

28         (a)  "Cellular telephone" means a device capable of

29  sending or receiving telephone communications without an

30  access line, including, but not limited to, an analog, a

31  digital, or a wireless telephone.

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    Florida House of Representatives - 2002                HB 1367

    737-123-02






  1         (b)  "Hands-free device" means an internal or external

  2  device, attachment, or addition to a cellular telephone or

  3  motor vehicle, regardless of whether the device is permanently

  4  installed, which allows the operator of the motor vehicle to:

  5         1.  Maintain both hands, or prosthetic device or aid in

  6  the case of a physically disabled person, on the applicable

  7  steering device; and

  8         2.  Hear surrounding sound.

  9         (2)  A person may not use a cellular telephone while

10  operating a motor vehicle within a school zone during any time

11  when the reduced speed limit for the school zone is in effect

12  unless the cellular telephone is used with a hands-free

13  device.

14         (3)  A person who violates this section commits a

15  noncriminal traffic infraction, punishable as a moving

16  violation as provided in chapter 318.

17         Section 2.  Paragraph (c) is added to subsection (5) of

18  section 318.18, Florida Statutes, to read:

19         318.18  Amount of civil penalties.--The penalties

20  required for a noncriminal disposition pursuant to s. 318.14

21  are as follows:

22         (5)

23         (c)  Sixty dollars for a violation of s. 316.1897,

24  using a cellular telephone without a hands-free device while

25  operating a motor vehicle in a school zone when the reduced

26  speed limit is in effect.

27         Section 3.  Subsection (6) of section 316.1895, Florida

28  Statutes, is amended to read:

29         316.1895  Establishment of school speed zones,

30  enforcement; designation.--

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    Florida House of Representatives - 2002                HB 1367

    737-123-02






  1         (6)  Permanent signs designating school zones and

  2  school zone speed limits must shall be uniform in size and

  3  color, and must clearly designate shall have the times during

  4  which the restrictive speed limit is enforced and during which

  5  a person is prohibited from operating a motor vehicle within

  6  the school zone while using a cellular telephone without a

  7  hands-free device clearly designated thereon. The Department

  8  of Transportation shall establish adequate standards for the

  9  signs.

10         Section 4.  This act shall take effect July 1, 2002.

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13                          SENATE SUMMARY

14    Prohibits a person from using a cellular telephone while
      operating a motor vehicle within a school zone during the
15    hours when the reduced speed limit is in effect unless
      the operator uses a hands-free device. Provides that a
16    person who violates such prohibition commits a moving
      violation. Provides a fine of $60. Requires that signs
17    for a school zone designate the times during which the
      prohibition is in effect.
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CODING: Words stricken are deletions; words underlined are additions.