| 1 | A bill to be entitled |
| 2 | An act relating to use of an electronic communications |
| 3 | device while driving; creating s. 316.3035, F.S.; |
| 4 | prohibiting composing, sending, reading, or viewing a text |
| 5 | message on an electronic communications device while |
| 6 | operating a motor vehicle on a roadway; providing a |
| 7 | definition; providing exceptions; providing for |
| 8 | construction; providing penalties; providing an effective |
| 9 | date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 316.3035, Florida Statutes, is created |
| 14 | to read: |
| 15 | 316.3035 Use of electronic communications devices.-- |
| 16 | (1) A person shall not operate a motor vehicle while using |
| 17 | an electronic communications device to compose, send, read, or |
| 18 | view a text-based communication if the motor vehicle is on a |
| 19 | roadway as defined in s. 316.003(42). "Text-based communication" |
| 20 | means any digital communication manually created by a person to |
| 21 | be transmitted electronically between physical devices and |
| 22 | includes text messaging, e-mail, instant messaging, paging, and |
| 23 | a command or request to access an Internet site. |
| 24 | (2) This section does not apply to: |
| 25 | (a) A police officer or emergency medical services |
| 26 | personnel in the performance of official duties. |
| 27 | (b) A person requesting medical or emergency assistance. |
| 28 | (c) A person reporting illegal activity, a traffic |
| 29 | accident or crash, or a road hazard that threatens drivers. |
| 30 | (d) A member of the Armed Forces of the United States |
| 31 | while operating a military vehicle. |
| 32 | (e) A person in a motor vehicle at rest in a shoulder lane |
| 33 | or lawfully parked. |
| 34 | (3) This section shall not be construed to authorize the |
| 35 | seizure and forfeiture of an electronic communications device |
| 36 | unless otherwise provided by law. |
| 37 | (4) A violation of this section is a noncriminal traffic |
| 38 | infraction, punishable as a nonmoving violation as provided in |
| 39 | chapter 318. |
| 40 | Section 2. This act shall take effect July 1, 2010. |