HB 473

1
A bill to be entitled
2An act relating to school bus safety; providing a short
3title; designating Drowsy Driving Prevention Week;
4encouraging the Department of Highway Safety and Motor
5Vehicles and the Department of Transportation to educate
6the law enforcement community and the public about the
7relationship between fatigue and driving performance;
8creating s. 316.6152, F.S.; providing definitions;
9restricting use of mobile telecommunications devices by
10school bus drivers; providing penalties; providing
11effective dates.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  This act may be cited as the "Ronshay Dugans
16Act."
17     Section 2.  (1)  The first week of September is designated
18as "Drowsy Driving Prevention Week" in this state.
19     (2)  During Drowsy Driving Prevention Week, the Department
20of Highway Safety and Motor Vehicles and the Department of
21Transportation are encouraged to educate the law enforcement
22community and the public about the relationship between fatigue
23and performance and the research showing fatigue to be as much
24of an impairment as alcohol and as dangerous behind the wheel.
25     Section 3.  Effective October 1, 2009, section 316.6152,
26Florida Statutes, is created to read:
27     316.6152  School bus driver; use of mobile
28telecommunications device.--
29     (1)  For purposes of this section:
30     (a)  "Commercial mobile radio service" has the same meaning
31as in 47 C.F.R. s. 20.3.
32     (b)  "Mobile telecommunications device" means a wireless
33telephone or other device used to access the services of a
34commercial mobile radio service for the purpose of sending or
35receiving voice, text, or other data, including, but not limited
36to, computer data, electronic mail, electronic messages, games,
37music, pictures, text, or video. The term "mobile
38telecommunications device" includes, but is not limited to, a
39cellular telephone, cellular telephone accessory device,
40computer, game machine, personal digital assistant, and text
41messaging device but does not include a pager as defined in 47
42C.F.R. s. 22.99.
43     (2)(a)  A person who is driving or in actual physical
44control of a public or nonpublic school bus shall not use any
45mobile telecommunications device.
46     (b)  This subsection does not apply:
47     1.  When the school bus is stopped and the engine is not
48running or when the school bus is stopped completely outside the
49normal flow of traffic; or
50     2.  When the person who is driving or in actual physical
51control of the school bus is using the device to contact one of
52the following regarding an emergency situation:
53     a.  A school administrator.
54     b.  A law enforcement agency.
55     c.  A firefighting service.
56     d.  An emergency communications E911 system service.
57     e.  A hospital or emergency rescue service.
58     (3)  A person who violates paragraph (2)(a) commits a
59misdemeanor of the second degree, punishable as provided in s.
60775.082 or s. 775.083.
61     Section 4.  Except as otherwise expressly provided in this
62act, this act shall take effect upon becoming a law.


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