Florida Senate - 2011                                    SB 1418
       
       
       
       By Senator Altman
       
       
       
       
       24-01058B-11                                          20111418__
    1                        A bill to be entitled                      
    2         An act relating to traffic safety; creating the Alex
    3         Brown Act; amending s. 316.0075, F.S.; prohibiting the
    4         use of handheld cellular telephones and other handheld
    5         electronic communications devices by drivers under 18
    6         years of age; providing exceptions; providing
    7         penalties; 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 the “Alex Brown Act.”
   12         Section 2. Section 316.0075, Florida Statutes, is amended
   13  to read:
   14         316.0075 Operator use of commercial mobile radio services
   15  and electronic communications devices.—
   16         (1) Regulation of operator or passenger use of commercial
   17  mobile radio services and other electronic communications
   18  devices in a motor vehicle is expressly preempted to the state.
   19         (2)(a) A person who has not attained 18 years of age and is
   20  driving or in actual physical control of a motor vehicle on the
   21  roads of this state may not use any type of handheld cellular
   22  telephone or other handheld electronic communications device.
   23         (b) This subsection does not apply:
   24         1. To a device that is designed for hands-free use and the
   25  person is using it in that manner.
   26         2. When the motor vehicle is stopped and the engine is not
   27  running.
   28         (c) A violation of this subsection is a noncriminal traffic
   29  infraction, punishable as a moving violation as provided in
   30  chapter 318. Upon a second or subsequent violation of this
   31  subsection, in addition to the penalties for a moving violation
   32  under chapter 318, the department shall suspend the person’s
   33  driver’s license and privilege to drive for a period of 6
   34  months.
   35         Section 3. This act shall take effect October 1, 2011.