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 |