| 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. |