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 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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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. |