January 26, 2020
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       Florida Senate - 2010                                     SB 448
       
       
       
       By Senator Detert
       
       
       
       
       23-00466-10                                            2010448__
    1                        A bill to be entitled                      
    2         An act relating to the use of an electronic wireless
    3         communications device while driving; amending s.
    4         316.304, F.S.; prohibiting the operation of a moving
    5         motor vehicle while reading, manually writing, or
    6         sending a message on an electronic wireless
    7         communications device; providing exceptions; providing
    8         penalties; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 316.304, Florida Statutes, is amended to
   13  read:
   14         316.304 Use of listening or communications devices;
   15  restrictions Wearing of headsets.—
   16         (1)(a) No person shall operate a vehicle while wearing a
   17  headset, headphone, or other listening device, other than a
   18  hearing aid or instrument for the improvement of defective human
   19  hearing.
   20         (b)(2) This subsection section does not apply to:
   21         1.(a) Any law enforcement officer equipped with any
   22  communications communication device necessary in performing his
   23  or her assigned duties or to any emergency vehicle operator
   24  equipped with any ear protection device.
   25         2.(b) Any applicant for a license to operate a motorcycle
   26  while taking the examination required by s. 322.12(5).
   27         3.(c) Any person operating a motorcycle who is using a
   28  headset that is installed in a helmet and worn so as to prevent
   29  the speakers from making direct contact with the user’s ears so
   30  that the user can hear surrounding sounds.
   31         4.(d) Any person using a headset in conjunction with a
   32  cellular telephone that only provides sound through one ear and
   33  allows surrounding sounds to be heard with the other ear.
   34         5.(e) Any person using a headset in conjunction with
   35  communicating with the central base operation that only provides
   36  sound through one ear and allows surrounding sounds to be heard
   37  with the other ear.
   38         (c)(3) The Department of Highway Safety and Motor Vehicles
   39  shall promulgate, by administrative rule, standards and
   40  specifications for headset equipment the use of which is
   41  permitted under this subsection section. The department shall
   42  inspect and review all such devices submitted to it and shall
   43  publish a list by name and type of approved equipment.
   44         (2)(a) No person shall operate a moving motor vehicle while
   45  reading, manually writing, or sending a message on an electronic
   46  wireless communications device.
   47         (b) This subsection does not apply to a person operating an
   48  authorized emergency vehicle or using an electronic wireless
   49  communications 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 traffic
   54  infraction, punishable as a nonmoving violation as provided in
   55  chapter 318.
   56         Section 2. This act shall take effect October 1, 2010.

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