| 1 | A bill to be entitled | 
| 2 | An act relating to the use of cellular telephones; | 
| 3 | providing a short title; prohibiting the use of a cellular | 
| 4 | telephone while operating a motor vehicle except when | 
| 5 | using a headset or hands-free device; providing | 
| 6 | exemptions; providing a penalty; providing for enforcement | 
| 7 | only as a secondary offense; providing an effective date. | 
| 8 | 
 | 
| 9 | Be It Enacted by the Legislature of the State of Florida: | 
| 10 | 
 | 
| 11 | Section 1.  This act may be cited as "Heather's Law." | 
| 12 | Section 2.  Cellular telephones.- | 
| 13 | (1)  Except when using a headset as allowed in s. 316.304, | 
| 14 | Florida Statutes, or a hands-free device, a person may not | 
| 15 | operate a motor vehicle on the highways of this state while | 
| 16 | dialing or sending a telephone call or text message on a | 
| 17 | cellular telephone or while listening to or speaking on a | 
| 18 | cellular telephone. As used in this section, the term "cellular | 
| 19 | telephone" has the same meaning as in s. 817.4821, Florida | 
| 20 | Statutes. | 
| 21 | (2)  This section does not prohibit the use of a cellular | 
| 22 | telephone for safety or law enforcement purposes if the use is | 
| 23 | approved by the Department of Highway Safety and Motor Vehicles. | 
| 24 | (3)  A violation of this section is a noncriminal traffic | 
| 25 | infraction, punishable as a nonmoving violation as provided in | 
| 26 | chapter 318, Florida Statutes. However, this section may be | 
| 27 | enforced by a state or local law enforcement agency only as a | 
| 28 | secondary action when the operator of a motor vehicle has been | 
| 29 | detained for a suspected violation of chapter 316, chapter 320, | 
| 30 | or chapter 322, Florida Statutes. | 
| 31 | Section 3.  This act shall take effect July 1, 2010. |