1 | A bill to be entitled |
2 | An act relating to school bus safety; providing a short |
3 | title; designating Drowsy Driving Prevention Week; |
4 | encouraging the Department of Highway Safety and Motor |
5 | Vehicles and the Department of Transportation to educate |
6 | the law enforcement community and the public about the |
7 | relationship between fatigue and driving performance; |
8 | creating s. 316.6152, F.S.; providing definitions; |
9 | restricting use of mobile telecommunications devices by |
10 | school bus drivers; providing penalties; providing |
11 | effective dates. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. This act may be cited as the "Ronshay Dugans |
16 | Act." |
17 | Section 2. (1) The first week of September is designated |
18 | as "Drowsy Driving Prevention Week" in this state. |
19 | (2) During Drowsy Driving Prevention Week, the Department |
20 | of Highway Safety and Motor Vehicles and the Department of |
21 | Transportation are encouraged to educate the law enforcement |
22 | community and the public about the relationship between fatigue |
23 | and performance and the research showing fatigue to be as much |
24 | of an impairment as alcohol and as dangerous behind the wheel. |
25 | Section 3. Effective October 1, 2009, section 316.6152, |
26 | Florida Statutes, is created to read: |
27 | 316.6152 School bus driver; use of mobile |
28 | telecommunications device.-- |
29 | (1) For purposes of this section: |
30 | (a) "Commercial mobile radio service" has the same meaning |
31 | as in 47 C.F.R. s. 20.3. |
32 | (b) "Mobile telecommunications device" means a wireless |
33 | telephone or other device used to access the services of a |
34 | commercial mobile radio service for the purpose of sending or |
35 | receiving voice, text, or other data, including, but not limited |
36 | to, computer data, electronic mail, electronic messages, games, |
37 | music, pictures, text, or video. The term "mobile |
38 | telecommunications device" includes, but is not limited to, a |
39 | cellular telephone, cellular telephone accessory device, |
40 | computer, game machine, personal digital assistant, and text |
41 | messaging device but does not include a pager as defined in 47 |
42 | C.F.R. s. 22.99. |
43 | (2)(a) A person who is driving or in actual physical |
44 | control of a public or nonpublic school bus shall not use any |
45 | mobile telecommunications device. |
46 | (b) This subsection does not apply: |
47 | 1. When the school bus is stopped and the engine is not |
48 | running or when the school bus is stopped completely outside the |
49 | normal flow of traffic; or |
50 | 2. When the person who is driving or in actual physical |
51 | control of the school bus is using the device to contact one of |
52 | the 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 |
59 | misdemeanor of the second degree, punishable as provided in s. |
60 | 775.082 or s. 775.083. |
61 | Section 4. Except as otherwise expressly provided in this |
62 | act, this act shall take effect upon becoming a law. |