| 1 | A bill to be entitled |
| 2 | An act relating to use of an electronic wireless |
| 3 | communications device while driving; amending s. 316.304, |
| 4 | F.S.; prohibiting the operation of a moving motor vehicle |
| 5 | while reading, manually writing or typing, or sending a |
| 6 | message on an electronic wireless communications device; |
| 7 | providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Section 316.304, Florida Statutes, is amended |
| 12 | to read: |
| 13 | 316.304 Use of listening or communications devices; |
| 14 | restrictions Wearing of headsets.-- |
| 15 | (1)(a) No person shall operate a vehicle while wearing a |
| 16 | headset, headphone, or other listening device, other than a |
| 17 | hearing aid or instrument for the improvement of defective human |
| 18 | hearing. |
| 19 | (b)(2) This subsection section does not apply to: |
| 20 | 1.(a) Any law enforcement officer equipped with any |
| 21 | communications communication device necessary in performing his |
| 22 | or her assigned duties or to any emergency vehicle operator |
| 23 | equipped with any ear protection device. |
| 24 | 2.(b) Any applicant for a license to operate a motorcycle |
| 25 | while taking the examination required by s. 322.12(5). |
| 26 | 3.(c) Any person operating a motorcycle who is using a |
| 27 | headset that is installed in a helmet and worn so as to prevent |
| 28 | the speakers from making direct contact with the user's ears so |
| 29 | that the user can hear surrounding sounds. |
| 30 | 4.(d) Any person using a headset in conjunction with a |
| 31 | cellular telephone that only provides sound through one ear and |
| 32 | allows surrounding sounds to be heard with the other ear. |
| 33 | 5.(e) Any person using a headset in conjunction with |
| 34 | communicating with the central base operation that only provides |
| 35 | sound through one ear and allows surrounding sounds to be heard |
| 36 | with the other ear. |
| 37 | (c)(3) The Department of Highway Safety and Motor Vehicles |
| 38 | shall promulgate, by administrative rule, standards and |
| 39 | specifications for headset equipment the use of which is |
| 40 | permitted under this subsection section. The department shall |
| 41 | inspect and review all such devices submitted to it and shall |
| 42 | publish a list by name and type of approved equipment. |
| 43 | (2)(a) No person shall operate a moving motor vehicle |
| 44 | while reading, manually writing or typing, or sending a message |
| 45 | on an electronic wireless communications device. |
| 46 | (b) This subsection does not apply to a person operating |
| 47 | an authorized emergency vehicle or using an electronic wireless |
| 48 | communications device to: |
| 49 | 1. Report illegal activity; |
| 50 | 2. Summon medical or other emergency help; or |
| 51 | 3. Prevent injury to a person or property. |
| 52 | (3)(4) A violation of this section is a noncriminal |
| 53 | traffic infraction, punishable as a nonmoving violation as |
| 54 | provided in chapter 318. |
| 55 | Section 2. This act shall take effect October 1, 2008. |