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The Committee on Transportation (Baker) recommended the

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following amendment:

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     Senate Amendment (with title amendments)

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     Delete line(s) 12-63

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and insert:

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     Section 1.  Section 316.304, Florida Statutes, is amended

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to read:

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     316.304 Use of listening or communications devices Wearing

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of headsets.--

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     (1) A No person may not shall operate a vehicle while

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

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than a hearing aid or instrument for the improvement of

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defective human hearing.

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

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

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communication device necessary in performing his or her assigned

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duties or to any emergency vehicle operator equipped with a any

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ear protection device.

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

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motorcycle while taking the examination required by s.

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322.12(5).

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     3.(c) A 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) A 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) A 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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     (b)(3) The department of Highway Safety and Motor Vehicles

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shall adopt 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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     (c)(4) A violation of this subsection section is a

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noncriminal traffic infraction, punishable as a nonmoving

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violation as provided in chapter 318.

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     (2) A person who has not attained 18 years of age may not

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operate a motor vehicle while using an electronic communications

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device.

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     (a) This subsection does not apply to a person using an

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electronic communications device in order 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 or damage to a person or property.

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     (b) Enforcement of this subsection by state or local law

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enforcement agencies must be accomplished only as a secondary

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action when an operator of a motor vehicle has been detained for

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a suspected violation of another provision of this chapter,

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chapter 320, or chapter 322.

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     (c) A person who violates this subsection commits a

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noncriminal traffic infraction, punishable as a moving violation

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as provided in chapter 318, and shall have one point assessed

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against his or her driver's license as set forth in s. 322.27.

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     (3) A person may not operate a motor vehicle on the

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highways of this state while manually writing a text message on

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a electronic communications device. Manually writing a text

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message does not include selecting or entering a phone number or

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name in an electronic communications device for the purpose of

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making a phone call.

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     (a) This subsection does not apply to a person writing a

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text message on an electronic communications device in order 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 or damage to a person or property.

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     (b) Enforcement of this subsection by state or local law

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enforcement agencies must be accomplished only as a secondary

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action when an operator of a motor vehicle has been detained for

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a suspected violation of another provision of this chapter,

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chapter 320, or chapter 322.

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     (c) A person who violates this subsection commits a

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noncriminal traffic infraction, punishable as a moving violation

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as provided in chapter 318.

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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 line(s) 6

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And insert:

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vehicle; providing exceptions; providing for enforcement;

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providing a penalty; prohibiting writing a text message on

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an electronic communications device while operating a

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motor vehicle; providing for enforcement; providing

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exceptions; providing a penalty;

3/10/2008  10:14:00 AM     596-04534B-08