| 1 | A bill to be entitled |
| 2 | An act relating to the use of cellular telephones; |
| 3 | providing a short title; prohibiting the use of a cellular |
| 4 | telephone while operating a motor vehicle except when |
| 5 | using a headset or hands-free device; providing |
| 6 | exemptions; providing a penalty; providing for enforcement |
| 7 | only as a secondary offense; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. This act may be cited as "Heather's Law." |
| 12 | Section 2. Cellular telephones.-- |
| 13 | (1) Except when using a headset as allowed in s. 316.304, |
| 14 | Florida Statutes, or a hands-free device, a person may not |
| 15 | operate a motor vehicle on the highways of this state while |
| 16 | dialing or sending a telephone call or text message on a |
| 17 | cellular telephone or while listening to or speaking on a |
| 18 | cellular telephone. As used in this section, the term "cellular |
| 19 | telephone" has the same meaning as in s. 817.4821, Florida |
| 20 | Statutes. |
| 21 | (2) This section does not prohibit the use of a cellular |
| 22 | telephone for safety or law enforcement purposes if the use is |
| 23 | approved by the Department of Highway Safety and Motor Vehicles. |
| 24 | (3) A violation of this section is a noncriminal traffic |
| 25 | infraction, punishable as a nonmoving violation as provided in |
| 26 | chapter 318, Florida Statutes. However, this section may be |
| 27 | enforced by a state or local law enforcement agency only as a |
| 28 | secondary action when the operator of a motor vehicle has been |
| 29 | detained for a suspected violation of chapter 316, chapter 320, |
| 30 | or chapter 322, Florida Statutes. |
| 31 | Section 3. This act shall take effect July 1, 2009. |