Amendment
Bill No. HB 619
Amendment No. 337165
CHAMBER ACTION
Senate House
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1Representative Legg offered the following:
2
3     Amendment (with title amendment)
4     Remove line 52 and insert:
5     Section 3.  Effective October 1, 2008, section 316.304,
6Florida Statutes, is amended to read:
7     316.304  Use of listening or communications devices Wearing
8of headsets.--
9     (1)(a)  No person shall operate a vehicle while wearing a
10headset, headphone, or other listening device, other than a
11hearing aid or instrument for the improvement of defective human
12hearing.
13     (b)(2)  This subsection section does not apply to:
14     1.(a)  Any law enforcement officer equipped with any
15communications communication device necessary in performing his
16or her assigned duties or to any emergency vehicle operator
17equipped with any ear protection device.
18     2.(b)  Any applicant for a license to operate a motorcycle
19while taking the examination required by s. 322.12(5).
20     3.(c)  Any person operating a motorcycle who is using a
21headset that is installed in a helmet and worn so as to prevent
22the speakers from making direct contact with the user's ears so
23that the user can hear surrounding sounds.
24     4.(d)  Any person using a headset in conjunction with a
25cellular telephone that only provides sound through one ear and
26allows surrounding sounds to be heard with the other ear.
27     5.(e)  Any person using a headset in conjunction with
28communicating with the central base operation that only provides
29sound through one ear and allows surrounding sounds to be heard
30with the other ear.
31     (c)(3)  The Department of Highway Safety and Motor Vehicles
32shall promulgate, by administrative rule, standards and
33specifications for headset equipment the use of which is
34permitted under this subsection section. The department shall
35inspect and review all such devices submitted to it and shall
36publish a list by name and type of approved equipment.
37     (d)(4)  A violation of this subsection section is a
38noncriminal traffic infraction, punishable as a nonmoving
39violation as provided in chapter 318.
40     (2)(a)  A person who has not attained 18 years of age shall
41not use any electronic wireless communications device while
42operating or in actual physical control of a motor vehicle while
43the motor vehicle is moving.
44     (b)  This subsection does not apply to a person using an
45electronic wireless communications device to:
46     1.  Report illegal activity;
47     2.  Summon medical or other emergency help; or
48     3.  Prevent injury to a person or property.
49     (c)  Enforcement of this subsection by state or local law
50enforcement agencies must be accomplished only as a secondary
51action when an operator of a motor vehicle has been detained for
52a suspected violation of another provision of this chapter,
53chapter 320, or chapter 322.
54     (d)  A person who violates this subsection commits a
55noncriminal traffic infraction, punishable as a moving violation
56as provided in chapter 318, and shall have one point assessed
57against his or her driver's license as set forth in s. 322.27.
58     Section 4.  Effective October 1, 2008, paragraph (d) of
59subsection (3) of section 322.27, Florida Statutes, is amended
60to read:
61     322.27  Authority of department to suspend or revoke
62license.--
63     (3)  There is established a point system for evaluation of
64convictions of violations of motor vehicle laws or ordinances,
65and violations of applicable provisions of s. 403.413(6)(b) when
66such violations involve the use of motor vehicles, for the
67determination of the continuing qualification of any person to
68operate a motor vehicle. The department is authorized to suspend
69the license of any person upon showing of its records or other
70good and sufficient evidence that the licensee has been
71convicted of violation of motor vehicle laws or ordinances, or
72applicable provisions of s. 403.413(6)(b), amounting to 12 or
73more points as determined by the point system. The suspension
74shall be for a period of not more than 1 year.
75     (d)  The point system shall have as its basic element a
76graduated scale of points assigning relative values to
77convictions of the following violations:
78     1.  Reckless driving, willful and wanton--4 points.
79     2.  Leaving the scene of a crash resulting in property
80damage of more than $50--6 points.
81     3.  Unlawful speed resulting in a crash--6 points.
82     4.  Passing a stopped school bus--4 points.
83     5.  Unlawful speed:
84     a.  Not in excess of 15 miles per hour of lawful or posted
85speed--3 points.
86     b.  In excess of 15 miles per hour of lawful or posted
87speed--4 points.
88     6.  A violation of a traffic control signal device as
89provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
90     7.  Person who has not attained 18 years of age using an
91electronic wireless communications device while operating or in
92actual physical control of a moving motor vehicle in violation
93of s. 316.304(2)--1 point.
94     8.7.  All other moving violations (including parking on a
95highway outside the limits of a municipality)--3 points.
96However, no points shall be imposed for a violation of s.
97316.0741 or s. 316.2065(12).
98     9.8.  Any moving violation covered above, excluding
99unlawful speed, resulting in a crash--4 points.
100     10.9.  Any conviction under s. 403.413(6)(b)--3 points.
101     11.10.  Any conviction under s. 316.0775(2)--4 points.
102     Section 5.  Paragraph (a) of subsection (1) of section
103316.613, Florida Statutes, as amended by this act, does not
104apply to a person who is
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T I T L E  A M E N D M E N T
109     Remove line 2 and insert:
110An act relating to highway safety; amending s. 316.304, F.S.;
111prohibiting certain persons from using an electronic wireless
112communications device while operating a motor vehicle; providing
113for enforcement; providing penalties; amending s. 322.27, F.S.;
114providing for a point assessment against the driver's license;
115amending


CODING: Words stricken are deletions; words underlined are additions.