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       Florida Senate - 2010                                     SB 168
       By Senator Altman
       24-00267-10                                            2010168__
    1                        A bill to be entitled                      
    2         An act relating to state uniform traffic control;
    3         creating s. 316.3035, F.S.; prohibiting the use of
    4         electronic communication devices to send or receive
    5         text-based communications while operating a motor
    6         vehicle; providing exceptions; providing for
    7         enforcement; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 316.3035, Florida Statutes, is created
   12  to read:
   13         316.3035Use of electronic communication devices.
   14         (1)A person may not use an electronic communication device
   15  to compose, send, read, or view a text-based communication while
   16  operating a motor vehicle on a street or highway. As used in
   17  this section, the term “text-based communication” means a
   18  digital communication that is manually created to be
   19  electronically transmitted between physical devices, and
   20  includes text messaging, e-mail, instant messaging, paging, or a
   21  command or request to access an Internet page.
   22         (2)This section does not apply to:
   23         (a)Law enforcement officers or emergency medical services
   24  personnel in the performance of their official duties;
   25         (b)A person requesting medical or emergency assistance;
   26         (c)A person reporting illegal activity, a traffic accident
   27  or crash, or a road hazard that threatens other vehicles;
   28         (d)A person using a mobile data terminal that is
   29  permanently mounted in a vehicle to communicate for the purpose
   30  of passenger transport, freight or package delivery, or vehicle
   31  dispatching for emergency road service or roadside assistance;
   32  or
   33         (e)A person managing controls related to vehicle safety
   34  equipment or permanently installed audio equipment.
   35         (3)A violation of this section is a noncriminal traffic
   36  infraction, punishable as a nonmoving violation as provided in
   37  chapter 318.
   38         Section 2. This act shall take effect July 1, 2010.

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