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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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prohibiting the use of a cellular telephone while

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operating a motor vehicle except when using a headset or

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hands-free device; providing exemptions; providing a

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penalty; providing for enforcement only as a secondary

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offense; 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. Cellular telephones.--

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

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Florida Statutes, or a hands-free device, a person may not

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operate a motor vehicle on the highways of this state while

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dialing or sending a telephone call or text message on a cellular

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telephone or while listening to or speaking on a cellular

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telephone. As used in this section, the term "cellular telephone"

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has the same meaning as in s. 817.4821, Florida Statutes.

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

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telephone for safety or law enforcement purposes if the use is

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approved by the Department of Highway Safety and Motor Vehicles.

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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, Florida Statutes. However, this section may be

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enforced by a state or local law enforcement agency only as a

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secondary action when the operator of a motor vehicle has been

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detained for a suspected violation of chapter 316, chapter 320,

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or chapter 322, Florida Statutes.

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