HB 333

1
A bill to be entitled
2An act relating to the use of cellular telephones;
3prohibiting the use of a cellular telephone while
4operating a motor vehicle except when using a headset or
5hands-free device; providing exemptions; providing a
6penalty; providing for enforcement only as a secondary
7offense; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Cellular telephones.--
12     (1)  Except when using a headset pursuant to s. 316.304,
13Florida Statutes, or a hands-free device, a person may not
14operate a motor vehicle on a street or highway while dialing or
15sending a telephone call on a cellular telephone or while
16listening to or speaking on a cellular telephone, as defined in
17s. 817.4821, Florida Statutes.
18     (2)  This section does not apply to:
19     (a)  A law enforcement officer or an emergency vehicle
20operator using a cellular telephone in the line of duty;
21     (b)  A person using a cellular telephone in order to report
22illegal activity;
23     (c)  A person using a cellular telephone in order to summon
24medical or other emergency help; or
25     (d)  A person using a cellular telephone in order to
26prevent injury or damage to a person or property.
27     (3)  A violation of this section is a noncriminal traffic
28infraction, punishable as a nonmoving violation as provided in
29chapter 318, Florida Statutes. However, this section may be
30enforced by a state or local law enforcement officer only as a
31secondary action when the operator of a motor vehicle has been
32detained for a suspected violation of any provision of chapter
33316, chapter 320, or chapter 322, Florida Statutes.
34     Section 2.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.