1 | A bill to be entitled |
2 | An act relating to the use of cellular telephones; |
3 | prohibiting the use of a cellular telephone while |
4 | operating a motor vehicle except when using a headset or |
5 | hands-free device; providing exemptions; providing a |
6 | penalty; providing for enforcement only as a secondary |
7 | offense; providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Cellular telephones.-- |
12 | (1) Except when using a headset pursuant to s. 316.304, |
13 | Florida Statutes, or a hands-free device, a person may not |
14 | operate a motor vehicle on a street or highway while dialing or |
15 | sending a telephone call on a cellular telephone or while |
16 | listening to or speaking on a cellular telephone, as defined in |
17 | s. 817.4821, Florida Statutes. |
18 | (2) This section does not apply to: |
19 | (a) A law enforcement officer or an emergency vehicle |
20 | operator using a cellular telephone in the line of duty; |
21 | (b) A person using a cellular telephone in order to report |
22 | illegal activity; |
23 | (c) A person using a cellular telephone in order to summon |
24 | medical or other emergency help; or |
25 | (d) A person using a cellular telephone in order to |
26 | prevent injury or damage to a person or property. |
27 | (3) A violation of this section is a noncriminal traffic |
28 | infraction, punishable as a nonmoving violation as provided in |
29 | chapter 318, Florida Statutes. However, this section may be |
30 | enforced by a state or local law enforcement officer only as a |
31 | secondary action when the operator of a motor vehicle has been |
32 | detained for a suspected violation of any provision of chapter |
33 | 316, chapter 320, or chapter 322, Florida Statutes. |
34 | Section 2. This act shall take effect July 1, 2010. |