HB 1127

1	A bill to be entitled
2	An act relating to use of an electronic wireless
3	telecommunications device while driving; amending s.
4	316.304, F.S.; providing definitions; providing for
5	enhanced penalties for moving and nonmoving violations
6	committed by persons under 18 years of age while using an
7	electronic wireless communications device; providing for
8	application; providing exceptions; authorizing a traffic
9	enforcement officer to issue a warning and provide
10	educational material; amending s. 318.18, F.S.; specifying
11	the enhanced penalty amount; amending s. 322.27, F.S.;
12	providing for a point assessment against the driver's
13	license; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 316.304, Florida Statutes, is amended
18	to read:
19	316.304  Use of listening or telecommunications devices
20	Wearing of headsets.--
21	(1)(a)  No person shall operate a vehicle while wearing a
22	headset, headphone, or other listening device, other than a
23	hearing aid or instrument for the improvement of defective human
24	hearing.
25	(b)(2)  This subsection section does not apply to:
26	1.(a)  Any law enforcement officer equipped with any
27	communications communication device necessary in performing his
28	or her assigned duties or to any emergency vehicle operator
29	equipped with any ear protection device.
30	2.(b)  Any applicant for a license to operate a motorcycle
31	while taking the examination required by s. 322.12(5).
32	3.(c)  Any person operating a motorcycle who is using a
33	headset that is installed in a helmet and worn so as to prevent
34	the speakers from making direct contact with the user's ears so
35	that the user can hear surrounding sounds.
36	4.(d)  Any person using a headset in conjunction with a
37	cellular telephone that only provides sound through one ear and
38	allows surrounding sounds to be heard with the other ear.
39	5.(e)  Any person using a headset in conjunction with
40	communicating with the central base operation that only provides
41	sound through one ear and allows surrounding sounds to be heard
42	with the other ear.
43	(c)(3)  The Department of Highway Safety and Motor Vehicles
44	shall adopt promulgate, by administrative rule, standards and
45	specifications for headset equipment the use of which is
46	permitted under this subsection section. The department shall
47	inspect and review all such devices submitted to it and shall
48	publish a list by name and type of approved equipment.
49	(d)(4)  A violation of this subsection section is a
50	noncriminal traffic infraction, punishable as a nonmoving
51	violation as provided in chapter 318.
52	(2)(a)  For purposes of this subsection:
53	1.  "Commercial mobile radio service" has the same meaning
54	as in 47 C.F.R. s. 20.3.
55	2.  "Wireless telecommunications device" means a portable
56	telephone or other device used to access the services of a
57	commercial mobile radio service for the purpose of sending or
58	receiving voice, text, or other data, including, but not limited
59	to, computer data, electronic mail, electronic messages, game
60	data, music, pictures, text, or video. The term "wireless
61	telecommunications device" includes, but is not limited to, a
62	cellular telephone, cellular telephone accessory device,
63	computer, game machine, personal digital assistant, and text
64	messaging device but does not include a pager or private mobile
65	radio service device.
66	(b)  A person who has not attained 18 years of age who
67	violates any provision of this chapter while using an electronic
68	wireless telecommunications device shall, unless issued a
69	warning under paragraph (d), pay an enhanced penalty under s.
70	318.18(20) and, in the case of a moving violation, have one
71	additional point assessed against his or her driver's license
72	under s. 322.27. This paragraph does not apply if the device is
73	specifically designed and configured to allow hands-free
74	operation and is used in that manner.
75	(c)  This subsection does not apply to a person using an
76	electronic wireless telecommunications device to:
77	1.  Report illegal activity;
78	2.  Summon medical or other emergency help; or
79	3.  Prevent injury to a person or property.
80	(d)  A traffic enforcement officer may issue a warning for
81	use of the electronic wireless telecommunications device in lieu
82	of the enhanced penalty and may also provide the person with
83	educational material, if available, about using such devices
84	while driving and about distracted driving. Any such educational
85	material distributed by the officer must be approved by the
86	Department of Highway Safety and Motor Vehicles prior to
87	distribution.
88	Section 2.  Subsection (20) is added to section 318.18,
89	Florida Statutes, as amended by chapter 2009-6, Laws of Florida,
90	to read:
91	318.18  Amount of penalties.--The penalties required for a
92	noncriminal disposition pursuant to s. 318.14 or a criminal
93	offense listed in s. 318.17 are as follows:
94	(20)  In addition to any penalties imposed, an additional
95	$50 must be paid for any noncriminal moving or nonmoving traffic
96	violation committed by a person who has not attained 18 years of
97	age while using an electronic wireless telecommunications device
98	as provided in s. 316.304.
99	Section 3.  Paragraph (d) of subsection (3) of section
100	322.27, Florida Statutes, is amended to read:
101	322.27  Authority of department to suspend or revoke
102	license.--
103	(3)  There is established a point system for evaluation of
104	convictions of violations of motor vehicle laws or ordinances,
105	and violations of applicable provisions of s. 403.413(6)(b) when
106	such violations involve the use of motor vehicles, for the
107	determination of the continuing qualification of any person to
108	operate a motor vehicle. The department is authorized to suspend
109	the license of any person upon showing of its records or other
110	good and sufficient evidence that the licensee has been
111	convicted of violation of motor vehicle laws or ordinances, or
112	applicable provisions of s. 403.413(6)(b), amounting to 12 or
113	more points as determined by the point system. The suspension
114	shall be for a period of not more than 1 year.
115	(d)  The point system shall have as its basic element a
116	graduated scale of points assigning relative values to
117	convictions of the following violations:
118	1.  Reckless driving, willful and wanton--4 points.
119	2.  Leaving the scene of a crash resulting in property
120	damage of more than $50--6 points.
121	3.  Unlawful speed resulting in a crash--6 points.
122	4.  Passing a stopped school bus--4 points.
123	5.  Unlawful speed:
124	a.  Not in excess of 15 miles per hour of lawful or posted
125	speed--3 points.
126	b.  In excess of 15 miles per hour of lawful or posted
127	speed--4 points.
128	6.  A violation of a traffic control signal device as
129	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
130	7.  All other moving violations (including parking on a
131	highway outside the limits of a municipality)--3 points.
132	However, no points shall be imposed for a violation of s.
133	316.0741 or s. 316.2065(12).
134	8.  Any moving violation covered above, excluding unlawful
135	speed, resulting in a crash--4 points.
136	9.  Any conviction under s. 403.413(6)(b)--3 points.
137	10.  Any conviction under s. 316.0775(2)--4 points.
138	11.  In addition to the points assessed under subparagraphs
139	1.-10., any violation committed by a person who has not attained
140	18 years of age while using an electronic wireless
141	telecommunications device as provided in s. 316.304(2)--1 point.
142	Section 4.  This act shall take effect October 1, 2009.

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