HB 261

1	A bill to be entitled
2	An act relating to use of an electronic wireless
3	communications device while driving; amending s. 316.304,
4	F.S.; prohibiting certain persons from using an electronic
5	wireless communications device while operating a motor
6	vehicle; providing for enforcement; providing penalties;
7	amending s. 322.27, F.S.; providing for a point assessment
8	against the driver's license; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 316.304, Florida Statutes, is amended
13	to read:
14	316.304  Use of listening or communications devices Wearing
15	of headsets.--
16	(1)(a)  No person shall operate a vehicle while wearing a
17	headset, headphone, or other listening device, other than a
18	hearing aid or instrument for the improvement of defective human
19	hearing.
20	(b)(2)  This subsection section does not apply to:
21	1.(a)  Any law enforcement officer equipped with any
22	communications communication device necessary in performing his
23	or her assigned duties or to any emergency vehicle operator
24	equipped with any ear protection device.
25	2.(b)  Any applicant for a license to operate a motorcycle
26	while taking the examination required by s. 322.12(5).
27	3.(c)  Any person operating a motorcycle who is using a
28	headset that is installed in a helmet and worn so as to prevent
29	the speakers from making direct contact with the user's ears so
30	that the user can hear surrounding sounds.
31	4.(d)  Any person using a headset in conjunction with a
32	cellular telephone that only provides sound through one ear and
33	allows surrounding sounds to be heard with the other ear.
34	5.(e)  Any person using a headset in conjunction with
35	communicating with the central base operation that only provides
36	sound through one ear and allows surrounding sounds to be heard
37	with the other ear.
38	(c)(3)  The Department of Highway Safety and Motor Vehicles
39	shall promulgate, by administrative rule, standards and
40	specifications for headset equipment the use of which is
41	permitted under this subsection section. The department shall
42	inspect and review all such devices submitted to it and shall
43	publish a list by name and type of approved equipment.
44	(d)(4)  A violation of this subsection section is a
45	noncriminal traffic infraction, punishable as a nonmoving
46	violation as provided in chapter 318.
47	(2)(a)  A person who has not attained 18 years of age shall
48	not operate a motor vehicle while using an electronic wireless
49	communications device.
50	(b)  This subsection does not apply to a person using an
51	electronic wireless communications device to:
52	1.  Report illegal activity;
53	2.  Summon medical or other emergency help; or
54	3.  Prevent injury to a person or property.
55	(c)  Enforcement of this subsection by state or local law
56	enforcement agencies must be accomplished only as a secondary
57	action when an operator of a motor vehicle has been detained for
58	a suspected violation of another provision of this chapter,
59	chapter 320, or chapter 322.
60	(d)  A person who violates this subsection commits a
61	noncriminal traffic infraction, punishable as a moving violation
62	as provided in chapter 318, and shall have one point assessed
63	against his or her driver's license as set forth in s. 322.27.
64	Section 2.  Paragraph (d) of subsection (3) of section
65	322.27, Florida Statutes, is amended to read:
66	322.27  Authority of department to suspend or revoke
67	license.--
68	(3)  There is established a point system for evaluation of
69	convictions of violations of motor vehicle laws or ordinances,
70	and violations of applicable provisions of s. 403.413(6)(b) when
71	such violations involve the use of motor vehicles, for the
72	determination of the continuing qualification of any person to
73	operate a motor vehicle. The department is authorized to suspend
74	the license of any person upon showing of its records or other
75	good and sufficient evidence that the licensee has been
76	convicted of violation of motor vehicle laws or ordinances, or
77	applicable provisions of s. 403.413(6)(b), amounting to 12 or
78	more points as determined by the point system. The suspension
79	shall be for a period of not more than 1 year.
80	(d)  The point system shall have as its basic element a
81	graduated scale of points assigning relative values to
82	convictions of the following violations:
83	1.  Reckless driving, willful and wanton--4 points.
84	2.  Leaving the scene of a crash resulting in property
85	damage of more than $50--6 points.
86	3.  Unlawful speed resulting in a crash--6 points.
87	4.  Passing a stopped school bus--4 points.
88	5.  Unlawful speed:
89	a.  Not in excess of 15 miles per hour of lawful or posted
90	speed--3 points.
91	b.  In excess of 15 miles per hour of lawful or posted
92	speed--4 points.
93	6.  A violation of a traffic control signal device as
94	provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.
95	7.  Person who has not attained 18 years of age operating a
96	motor vehicle while using an electronic wireless communications
97	device in violation of s. 316.304(2)--1 point.
98	8.7.  All other moving violations (including parking on a
99	highway outside the limits of a municipality)--3 points.
100	However, no points shall be imposed for a violation of s.
101	316.0741 or s. 316.2065(12).
102	9.8.  Any moving violation covered above, excluding
103	unlawful speed, resulting in a crash--4 points.
104	10.9.  Any conviction under s. 403.413(6)(b)--3 points.
105	11.10.  Any conviction under s. 316.0775(2)--4 points.
106	Section 3.  This act shall take effect October 1, 2009.

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