Florida Senate - 2010                                     SB 934
       
       
       
       By Senator Deutch
       
       
       
       
       30-00230A-10                                           2010934__
    1                        A bill to be entitled                      
    2         An act relating to the use of wireless communications
    3         devices in motor vehicles; prohibiting reading,
    4         writing, or using a wireless communications device for
    5         text messaging while driving a motor vehicle;
    6         providing exceptions; prohibiting the use of a
    7         wireless telephone while driving a motor vehicle
    8         unless the telephone is designed and used for hands
    9         free talking and listening; providing certain
   10         exceptions; prohibiting operators of school buses or
   11         other public transportation vehicles from operating
   12         such vehicle while using a wireless telephone;
   13         providing penalties; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Wireless telephone use in motor vehicles.—
   18         (1) Except as provided in subsection (2), a person may not
   19  drive a motor vehicle on the highways of this state while
   20  reading, manually writing, or sending a text message on a
   21  wireless communications device.
   22         (2) Subsection (1) does not apply to a person driving:
   23         (a) An authorized emergency vehicle; or
   24         (b) A moving motor vehicle while using an electronic
   25  wireless communications device to:
   26         1. Report illegal activities;
   27         2. Summon medical or other emergency help; or
   28         3. Prevent injury or damage to a person or property.
   29         (3)(a) A person may use a wireless telephone while driving
   30  a motor vehicle on the highways of this state if the telephone
   31  is specifically designed to allow hands-free talking and
   32  listening and is used in that manner while driving.
   33         (b) Notwithstanding paragraph (a), a person who holds
   34  learner’s driver’s license or who has held a driver’s license
   35  for less than 1 year may not drive a motor vehicle on the
   36  highways of this state while using a wireless telephone.
   37         (4) The operator of a school bus or other vehicle used for
   38  public transportation may not operate such vehicle on the
   39  highways of this state while using a wireless telephone.
   40         (5) Any person who violates this section commits a
   41  noncriminal moving traffic violation and shall pay a fine of
   42  $100 for the first offense, $250 for the second offense, and
   43  $500 for the third or subsequent offense.
   44         Section 2. This act shall take effect July 1, 2010.