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A bill to be entitled

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An act relating to the use of an electronic wireless

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communications device while driving; amending s. 316.304,

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F.S.; prohibiting the operation of a moving motor vehicle

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while reading, manually writing or typing, or sending a

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message on an electronic wireless communications device;

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providing an effective date.

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

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     Section 1.  Section 316.304, Florida Statutes, is amended to

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read:

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     316.304 Use of listening or communications devices;

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restrictions Wearing of headsets.--

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     (1)(a) No person shall operate a vehicle while wearing a

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headset, headphone, or other listening device, other than a

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hearing aid or instrument for the improvement of defective human

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hearing.

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     (b)(2) This subsection section does not apply to:

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     1.(a) Any law enforcement officer equipped with any

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communications communication device necessary in performing his

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or her assigned duties or to any emergency vehicle operator

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equipped with any ear protection device.

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     2.(b) Any applicant for a license to operate a motorcycle

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while taking the examination required by s. 322.12(5).

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     3.(c) Any person operating a motorcycle who is using a

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headset that is installed in a helmet and worn so as to prevent

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the speakers from making direct contact with the user's ears so

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that the user can hear surrounding sounds.

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     4.(d) Any person using a headset in conjunction with a

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cellular telephone that only provides sound through one ear and

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allows surrounding sounds to be heard with the other ear.

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     5.(e) Any person using a headset in conjunction with

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communicating with the central base operation that only provides

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sound through one ear and allows surrounding sounds to be heard

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with the other ear.

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     (c)(3) The Department of Highway Safety and Motor Vehicles

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shall promulgate, by administrative rule, standards and

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specifications for headset equipment the use of which is

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permitted under this subsection section. The department shall

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inspect and review all such devices submitted to it and shall

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publish a list by name and type of approved equipment.

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     (2)(a) No person shall operate a moving motor vehicle while

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reading, manually writing or typing, or sending a message on an

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electronic wireless communications device.

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     (b) This subsection does not apply to a person operating an

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authorized emergency vehicle or using an electronic wireless

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communications device to:

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     1. Report illegal activity;

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     2. Summon medical or other emergency help; or

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     3. Prevent injury to a person or property.

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     (3)(4) A violation of this section is a noncriminal traffic

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infraction, punishable as a nonmoving violation as provided in

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chapter 318.

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     Section 2.  This act shall take effect October 1, 2008.