October 27, 2020
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HB 41

A bill to be entitled
2An act relating to use of an electronic wireless
3communications device while driving; amending s. 316.304,
4F.S.; prohibiting the operation of a moving motor vehicle
5while reading, manually writing or typing, or sending a
6message on an electronic wireless communications device;
7providing exceptions; providing penalties; providing an
8effective date.
10Be It Enacted by the Legislature of the State of Florida:
12     Section 1.  Section 316.304, Florida Statutes, is amended
13to read:
14     316.304  Use of listening or communications devices;
15restrictions Wearing of headsets.--
16     (1)(a)  No person shall operate a vehicle while wearing a
17headset, headphone, or other listening device, other than a
18hearing aid or instrument for the improvement of defective human
20     (b)(2)  This subsection section does not apply to:
21     1.(a)  Any law enforcement officer equipped with any
22communications communication device necessary in performing his
23or her assigned duties or to any emergency vehicle operator
24equipped with any ear protection device.
25     2.(b)  Any applicant for a license to operate a motorcycle
26while taking the examination required by s. 322.12(5).
27     3.(c)  Any person operating a motorcycle who is using a
28headset that is installed in a helmet and worn so as to prevent
29the speakers from making direct contact with the user's ears so
30that the user can hear surrounding sounds.
31     4.(d)  Any person using a headset in conjunction with a
32cellular telephone that only provides sound through one ear and
33allows surrounding sounds to be heard with the other ear.
34     5.(e)  Any person using a headset in conjunction with
35communicating with the central base operation that only provides
36sound through one ear and allows surrounding sounds to be heard
37with the other ear.
38     (c)(3)  The Department of Highway Safety and Motor Vehicles
39shall promulgate, by administrative rule, standards and
40specifications for headset equipment the use of which is
41permitted under this subsection section. The department shall
42inspect and review all such devices submitted to it and shall
43publish a list by name and type of approved equipment.
44     (2)(a)  No person shall operate a moving motor vehicle
45while reading, manually writing or typing, or sending a message
46on an electronic wireless communications device.
47     (b)  This subsection does not apply to a person operating
48an authorized emergency vehicle or using an electronic wireless
49communications device to:
50     1.  Report illegal activity;
51     2.  Summon medical or other emergency help; or
52     3.  Prevent injury to a person or property.
53     (3)(4)  A violation of this section is a noncriminal
54traffic infraction, punishable as a nonmoving violation as
55provided in chapter 318.
56     Section 2.  This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.
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