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       Florida Senate - 2010                                     SB 522
       By Senator Gelber
       35-00301C-10                                           2010522__
    1                        A bill to be entitled                      
    2         An act relating to the use of an electronic wireless
    3         communications device while driving; creating s.
    4         316.3035, F.S.; prohibiting a person younger than 18
    5         years of age from operating a motor vehicle while
    6         using a wireless communications device or telephone;
    7         providing exceptions; providing penalties; amending s.
    8         322.27, F.S.; providing for the assessment of points
    9         under the driver’s license point system for certain
   10         violations; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 316.3035, Florida Statutes, is created
   15  to read:
   16         316.3035Wireless communications devices prohibited;
   17  persons under 18.—
   18         (1)(a)A person younger than 18 years of age may not
   19  operate a motor vehicle while using a wireless communications
   20  device or telephone in any manner.
   21         (b)This subsection does not apply to a person using an
   22  electronic wireless communications device to:
   23         1.Report illegal activity;
   24         2.Summon medical or other emergency help; or
   25         3.Prevent injury to a person or property.
   26         (2)A person who violates this section:
   27         (a)Shall have one point assessed against his or her
   28  driver’s license pursuant to s. 322.27; and
   29         (b)1.If that person holds a learner’s driver’s license
   30  issued under s. 322.1615, he or she may not be issued a driver’s
   31  license until he or she attains 18 years of age; or
   32         2.If that person holds a Class E driver’s license, for a
   33  period of 3 months he or she may operate a motor vehicle only
   34  under the restrictions that apply to the holder of a learner’s
   35  driver’s license issued under s. 322.1615, except when traveling
   36  to or from school or such person’s place of employment.
   37         Section 2. Paragraph (d) of subsection (3) of section
   38  322.27, Florida Statutes, is amended to read:
   39         322.27 Authority of department to suspend or revoke
   40  license.—
   41         (3) There is established a point system for evaluation of
   42  convictions of violations of motor vehicle laws or ordinances,
   43  and violations of applicable provisions of s. 403.413(6)(b) when
   44  such violations involve the use of motor vehicles, for the
   45  determination of the continuing qualification of any person to
   46  operate a motor vehicle. The department is authorized to suspend
   47  the license of any person upon showing of its records or other
   48  good and sufficient evidence that the licensee has been
   49  convicted of violation of motor vehicle laws or ordinances, or
   50  applicable provisions of s. 403.413(6)(b), amounting to 12 or
   51  more points as determined by the point system. The suspension
   52  shall be for a period of not more than 1 year.
   53         (d) The point system shall have as its basic element a
   54  graduated scale of points assigning relative values to
   55  convictions of the following violations:
   56         1. Reckless driving, willful and wanton—4 points.
   57         2. Leaving the scene of a crash resulting in property
   58  damage of more than $50—6 points.
   59         3. Unlawful speed resulting in a crash—6 points.
   60         4. Passing a stopped school bus—4 points.
   61         5. Unlawful speed:
   62         a. Not in excess of 15 miles per hour of lawful or posted
   63  speed—3 points.
   64         b. In excess of 15 miles per hour of lawful or posted
   65  speed—4 points.
   66         6. A violation of a traffic control signal device as
   67  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
   68         7. All other moving violations (including parking on a
   69  highway outside the limits of a municipality)—3 points. However,
   70  no points shall be imposed for a violation of s. 316.0741 or s.
   71  316.2065(12).
   72         8. Any moving violation covered above, excluding unlawful
   73  speed, resulting in a crash—4 points.
   74         9. Any conviction under s. 403.413(6)(b)—3 points.
   75         10. Any conviction under s. 316.0775(2)—4 points.
   76         11.Any conviction under s. 316.3035—1 point.
   77         Section 3. This act shall take effect October 1, 2010.

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