Florida Senate - 2010 SB 1144 By Senator Smith 29-00900-10 20101144__ 1 A bill to be entitled 2 An act relating to driving safety; creating the 3 “Ronshay Dugans Act”; designating Drowsy Driving 4 Prevention Week; encouraging the Department of Highway 5 Safety and Motor Vehicles and the Department of 6 Transportation to educate the law enforcement 7 community and the public about the relationship 8 between fatigue and driving performance; creating s. 9 316.6152, F.S.; providing definitions; restricting use 10 of mobile telecommunications devices by school bus 11 drivers; providing exceptions; providing penalties; 12 providing effective dates. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. This act may be cited as the “Ronshay Dugans 17 Act.” 18 Section 2. (1) The first week of September is designated as 19 “Drowsy Driving Prevention Week” in this state. 20 (2) During Drowsy Driving Prevention Week, the Department 21 of Highway Safety and Motor Vehicles and the Department of 22 Transportation are encouraged to educate the law enforcement 23 community and the public about the relationship between fatigue 24 and driving performance and the research showing fatigue to be 25 as much of an impairment as alcohol and as dangerous while 26 operating a motor vehicle. 27 Section 3. Effective October 1, 2010, section 316.6152, 28 Florida Statutes, is created to read: 29 316.6152 School bus driver; use of mobile 30 telecommunications device.— 31 (1) For purposes of this section: 32 (a) “Commercial mobile radio service” has the same meaning 33 as in 47 C.F.R. s. 20.3. 34 (b) “Mobile telecommunications device” means a wireless 35 telephone or other device used to access the services of a 36 commercial mobile radio service for the purpose of sending or 37 receiving voice, text, or other data, including, but not limited 38 to, computer data, electronic mail, electronic messages, games, 39 music, images, and video. The term “mobile telecommunications 40 device” includes, but is not limited to, a cellular telephone, 41 cellular telephone accessory device, computer, game machine, 42 personal digital assistant, and text messaging device but does 43 not include a pager as defined in 47 C.F.R. s. 22.99. 44 (2)(a) A person who is driving or in actual physical 45 control of a public or nonpublic school bus shall not use any 46 mobile telecommunications device. 47 (b) This subsection does not apply: 48 1. When the school bus is stopped and the engine is not 49 running or when the school bus is stopped completely outside the 50 normal flow of traffic; or 51 2. When the person who is driving or in actual physical 52 control of the school bus is using the device to contact one of 53 the following regarding an emergency situation: 54 a. A school administrator. 55 b. A law enforcement agency. 56 c. A firefighting service. 57 d. An emergency communications E911 system service. 58 e. A hospital or emergency rescue service. 59 (3) A person who violates paragraph (2)(a) commits a 60 misdemeanor of the second degree, punishable as provided in s. 61 775.082 or s. 775.083. 62 Section 4. Except as otherwise expressly provided in this 63 act, this act shall take effect upon becoming a law.