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The Committee on Transportation (Margolis) recommended the

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following substitute for amendment (689782):

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 316.305, Florida Statutes, is created

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to read:

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     316.305 Cellular telephones.--

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     (1) Except when using a headset as allowed in s. 316.304,

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or a hands-free device, a person may not operate a motor vehicle

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on a state, county, or municipal road while dialing or sending a

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telephone call or text message on a cellular telephone or while

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listening to or speaking on a cellular telephone. As used in

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this section, the term "cellular telephone" has the same meaning

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as provided in s. 817.4821.

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     (2) This section does not prohibit the use of a cellular

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telephone by:

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     (a) Law enforcement personnel while carrying out their

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duties;

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     (b) Emergency response personnel while carrying out their

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duties; or

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     (c) Any driver attempting to contact law enforcement

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personnel or emergency response personnel.

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     (3) 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. However, this section may be enforced by a state or

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local law enforcement agency only as a secondary action when the

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operator of a motor vehicle has been detained for a suspected

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violation of this chapter, chapter 320, or chapter 322.

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

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to the use of cellular telephones;

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creating s. 316.305, F.S.; prohibiting the use of a

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cellular telephone while operating a motor vehicle

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except when using a headset or hands-free device;

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providing exemptions; providing a penalty; providing for

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enforcement only as a secondary offense; providing an

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effective date.

3/13/2008  7:50:00 AM     596-04911-08