Bill Text: FL S0324 | 2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor Vehicle Operators/Text Messaging [CPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S0324 Detail]
Download: Florida-2010-S0324-Introduced.html
Bill Title: Motor Vehicle Operators/Text Messaging [CPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Communications, Energy, and Public Utilities [S0324 Detail]
Download: Florida-2010-S0324-Introduced.html
Florida Senate - 2010 SB 324 By Senator Baker 20-00053B-10 2010324__ 1 A bill to be entitled 2 An act relating to motor vehicle operators; amending 3 s. 316.304, F.S.; prohibiting a person from writing or 4 sending a text message on an electronic communications 5 device while operating a motor vehicle; providing for 6 enforcement; 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. Section 316.304, Florida Statutes, is amended to 12 read: 13 316.304 Using listening or communications devicesWearing14of headsets.— 15 (1)(a) ANoperson may notshalloperate a vehicle while 16 wearing a headset, headphone, or other listening device, other 17 than a hearing aid or instrument for the improvement of 18 defective human hearing. 19 (b)(2)This subsectionsectiondoes not apply to: 20 1.(a)Any law enforcement officer equipped with any 21 communication device necessary in performing his or her assigned 22 duties or to any emergency vehicle operator equipped with any 23 ear protection device. 24 2.(b)Any applicant for a license to operate a motorcycle 25 while taking the examination required by s. 322.12(5). 26 3.(c)Any person operating a motorcycle who is using a 27 headset that is installed in a helmet and worn so as to prevent 28 the speakers from making direct contact with the user’s ears so 29 that the user can hear surrounding sounds. 30 4.(d)Any person using a headset in conjunction with a 31 cellular telephone thatonlyprovides sound through only one ear 32 and allows surrounding sounds to be heard with the other ear. 33 5.(e)Any person using a headset in conjunction with 34 communicating with the central base operation thatonlyprovides 35 sound through only one ear and allows surrounding sounds to be 36 heard with the other ear. 37 (c)(3)The Department of Highway Safety and Motor Vehicles 38 shall adoptpromulgate,byadministrativerule,standards and 39 specifications for headset equipment the use of which is 40 permitted under this subsectionsection. The department shall 41 inspect and review all such devices submitted to it and shall 42 publish a list by name and type of approved equipment. 43 (d)(4)A violation of this subsectionsectionis a 44 noncriminal traffic infraction, punishable as a nonmoving 45 violation as provided in chapter 318. 46 (2)(a) A person may not operate a motor vehicle while using 47 an electronic communications device in order to write or send 48 text-based communications, including text messages, instant 49 messages, or electronic mail. 50 (b) It is not a violation of this subsection to read, 51 select, or enter a telephone number or name in an electronic 52 communications device in order to make or receive a telephone 53 call. 54 (c) This subsection does not apply to a person who writes a 55 text message on an electronic communications device in order to: 56 1. Report illegal activity; 57 2. Summon medical or other emergency help; or 58 3. Prevent injury or damage to a person or property. 59 (d) A violation of this subsection is a noncriminal traffic 60 infraction, punishable as a moving violation as provided in 61 chapter 318. 62 Section 2. This act shall take effect July 1, 2010.