| 1 | Representative Legg offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line 52 and insert: |
| 5 | Section 3. Effective October 1, 2008, section 316.304, |
| 6 | Florida Statutes, is amended to read: |
| 7 | 316.304 Use of listening or communications devices Wearing |
| 8 | of headsets.-- |
| 9 | (1)(a) No person shall operate a vehicle while wearing a |
| 10 | headset, headphone, or other listening device, other than a |
| 11 | hearing aid or instrument for the improvement of defective human |
| 12 | hearing. |
| 13 | (b)(2) This subsection section does not apply to: |
| 14 | 1.(a) Any law enforcement officer equipped with any |
| 15 | communications communication device necessary in performing his |
| 16 | or her assigned duties or to any emergency vehicle operator |
| 17 | equipped with any ear protection device. |
| 18 | 2.(b) Any applicant for a license to operate a motorcycle |
| 19 | while taking the examination required by s. 322.12(5). |
| 20 | 3.(c) Any person operating a motorcycle who is using a |
| 21 | headset that is installed in a helmet and worn so as to prevent |
| 22 | the speakers from making direct contact with the user's ears so |
| 23 | that the user can hear surrounding sounds. |
| 24 | 4.(d) Any person using a headset in conjunction with a |
| 25 | cellular telephone that only provides sound through one ear and |
| 26 | allows surrounding sounds to be heard with the other ear. |
| 27 | 5.(e) Any person using a headset in conjunction with |
| 28 | communicating with the central base operation that only provides |
| 29 | sound through one ear and allows surrounding sounds to be heard |
| 30 | with the other ear. |
| 31 | (c)(3) The Department of Highway Safety and Motor Vehicles |
| 32 | shall promulgate, by administrative rule, standards and |
| 33 | specifications for headset equipment the use of which is |
| 34 | permitted under this subsection section. The department shall |
| 35 | inspect and review all such devices submitted to it and shall |
| 36 | publish a list by name and type of approved equipment. |
| 37 | (d)(4) A violation of this subsection section is a |
| 38 | noncriminal traffic infraction, punishable as a nonmoving |
| 39 | violation as provided in chapter 318. |
| 40 | (2)(a) A person who has not attained 18 years of age shall |
| 41 | not use any electronic wireless communications device while |
| 42 | operating or in actual physical control of a motor vehicle while |
| 43 | the motor vehicle is moving. |
| 44 | (b) This subsection does not apply to a person using an |
| 45 | electronic 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 |
| 50 | enforcement agencies must be accomplished only as a secondary |
| 51 | action when an operator of a motor vehicle has been detained for |
| 52 | a suspected violation of another provision of this chapter, |
| 53 | chapter 320, or chapter 322. |
| 54 | (d) A person who violates this subsection commits a |
| 55 | noncriminal traffic infraction, punishable as a moving violation |
| 56 | as provided in chapter 318, and shall have one point assessed |
| 57 | against his or her driver's license as set forth in s. 322.27. |
| 58 | Section 4. Effective October 1, 2008, paragraph (d) of |
| 59 | subsection (3) of section 322.27, Florida Statutes, is amended |
| 60 | to read: |
| 61 | 322.27 Authority of department to suspend or revoke |
| 62 | license.-- |
| 63 | (3) There is established a point system for evaluation of |
| 64 | convictions of violations of motor vehicle laws or ordinances, |
| 65 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 66 | such violations involve the use of motor vehicles, for the |
| 67 | determination of the continuing qualification of any person to |
| 68 | operate a motor vehicle. The department is authorized to suspend |
| 69 | the license of any person upon showing of its records or other |
| 70 | good and sufficient evidence that the licensee has been |
| 71 | convicted of violation of motor vehicle laws or ordinances, or |
| 72 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 73 | more points as determined by the point system. The suspension |
| 74 | shall be for a period of not more than 1 year. |
| 75 | (d) The point system shall have as its basic element a |
| 76 | graduated scale of points assigning relative values to |
| 77 | convictions of the following violations: |
| 78 | 1. Reckless driving, willful and wanton--4 points. |
| 79 | 2. Leaving the scene of a crash resulting in property |
| 80 | damage 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 |
| 85 | speed--3 points. |
| 86 | b. In excess of 15 miles per hour of lawful or posted |
| 87 | speed--4 points. |
| 88 | 6. A violation of a traffic control signal device as |
| 89 | provided 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 |
| 91 | electronic wireless communications device while operating or in |
| 92 | actual physical control of a moving motor vehicle in violation |
| 93 | of s. 316.304(2)--1 point. |
| 94 | 8.7. All other moving violations (including parking on a |
| 95 | highway outside the limits of a municipality)--3 points. |
| 96 | However, no points shall be imposed for a violation of s. |
| 97 | 316.0741 or s. 316.2065(12). |
| 98 | 9.8. Any moving violation covered above, excluding |
| 99 | unlawful 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 |
| 103 | 316.613, Florida Statutes, as amended by this act, does not |
| 104 | apply to a person who is |
| 105 |
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| 106 |
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| 107 | ----------------------------------------------------- |
| 108 | T I T L E A M E N D M E N T |
| 109 | Remove line 2 and insert: |
| 110 | An act relating to highway safety; amending s. 316.304, F.S.; |
| 111 | prohibiting certain persons from using an electronic wireless |
| 112 | communications device while operating a motor vehicle; providing |
| 113 | for enforcement; providing penalties; amending s. 322.27, F.S.; |
| 114 | providing for a point assessment against the driver's license; |
| 115 | amending |