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.
   14  Be It Enacted by the Legislature of the State of Florida:
   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.