| 1 | A bill to be entitled |
| 2 | An act relating to driving safety; creating the "Ronshay |
| 3 | Dugans Act"; 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 exceptions; providing |
| 11 | penalties; providing 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 driving performance and the research showing fatigue to be |
| 24 | as much of an impairment as alcohol and as dangerous while |
| 25 | operating a motor vehicle. |
| 26 | Section 3. Effective October 1, 2010, section 316.6152, |
| 27 | Florida Statutes, is created to read: |
| 28 | 316.6152 School bus driver; use of mobile |
| 29 | telecommunications device.-- |
| 30 | (1) For purposes of this section: |
| 31 | (a) "Commercial mobile radio service" has the same meaning |
| 32 | as in 47 C.F.R. s. 20.3. |
| 33 | (b) "Mobile telecommunications device" means a wireless |
| 34 | telephone or other device used to access the services of a |
| 35 | commercial mobile radio service for the purpose of sending or |
| 36 | receiving voice, text, or other data, including, but not limited |
| 37 | to, computer data, electronic mail, electronic messages, games, |
| 38 | music, images, and video. The term "mobile telecommunications |
| 39 | device" includes, but is not limited to, a cellular telephone, |
| 40 | cellular telephone accessory device, computer, game machine, |
| 41 | personal digital assistant, and text messaging device but does |
| 42 | not include a pager as defined in 47 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. |