Florida Senate - 2010                                     SB 608
       
       
       
       By Senator Rich
       
       
       
       
       34-00272-10                                            2010608__
    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
    5         or hands-free device; providing exemptions; providing
    6         a penalty; providing for enforcement only as a
    7         secondary offense; providing an effective date.
    8  
    9  Be 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,
   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 prevent
   26  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.