December 01, 2020
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       Florida Senate - 2010                              CS for SB 522
       
       
       
       By the Committee on Transportation; and Senator Gelber
       
       
       
       
       596-04808-10                                           2010522c1
    1                        A bill to be entitled                      
    2         An act relating to the use of an electronic wireless
    3         communications device while driving; providing a short
    4         title; creating s. 316.3035, F.S.; prohibiting a
    5         person younger than 18 years of age from operating a
    6         motor vehicle while using a wireless communications
    7         device or telephone; providing exceptions; providing
    8         for enforcement as a secondary action; providing
    9         penalties; amending s. 322.27, F.S.; providing for the
   10         suspension of a person’s driver’s license for a
   11         violation of s. 316.3035, F.S.; providing an effective
   12         date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. This act may be cited as the “You Talk, You Walk
   17  Act.”
   18         Section 2. Section 316.3035, Florida Statutes, is created
   19  to read:
   20         316.3035Wireless communications devices prohibited;
   21  persons under 18.—
   22         (1)(a)A person younger than 18 years of age may not
   23  operate a motor vehicle while using a wireless communications
   24  device or telephone in any manner.
   25         (b)This subsection does not apply to a person using an
   26  electronic wireless communications device to:
   27         1.Report illegal activity;
   28         2.Summon medical or other emergency help; or
   29         3.Prevent injury to a person or property.
   30         (2) Enforcement of this section by state or local law
   31  enforcement agencies must be accomplished only as a secondary
   32  action when an operator of a motor vehicle has been detained for
   33  a suspected violation of another provision of this chapter,
   34  chapter 320, or chapter 322.
   35         (3) A person who violates this section commits a
   36  noncriminal traffic infraction, punishable as a nonmoving
   37  violation as provided in chapter 318, and shall have his or her
   38  driver’s license suspended for 30 days as set forth in s.
   39  322.27.
   40         Section 3. Subsection (1) of section 322.27, Florida
   41  Statutes, is amended to read:
   42         322.27 Authority of department to suspend or revoke
   43  license.—
   44         (1) Notwithstanding any provisions to the contrary in
   45  chapter 120, the department is hereby authorized to suspend the
   46  license of any person without preliminary hearing upon a showing
   47  of its records or other sufficient evidence that the licensee:
   48         (a) Has committed an offense for which mandatory revocation
   49  of license is required upon conviction. A law enforcement agency
   50  must provide information to the department within 24 hours after
   51  any traffic fatality or when the law enforcement agency
   52  initiates action pursuant to s. 316.1933;
   53         (b) Has been convicted of a violation of any traffic law
   54  which resulted in a crash that caused the death or personal
   55  injury of another or property damage in excess of $500;
   56         (c) Is incompetent to drive a motor vehicle;
   57         (d) Has permitted an unlawful or fraudulent use of such
   58  license or has knowingly been a party to the obtaining of a
   59  license by fraud or misrepresentation or to display, or
   60  represent as one’s own, any driver’s license not issued him or
   61  her. Provided, however, no provision of this section shall be
   62  construed to include the provisions of s. 322.32(1);
   63         (e) Has committed an offense in another state which if
   64  committed in this state would be grounds for suspension or
   65  revocation; or
   66         (f) Has committed a second or subsequent violation of s.
   67  316.172(1) within a 5-year period of any previous violation; or.
   68         (g) Has committed a violation of s. 316.3035. The person
   69  shall have his or her driver’s license suspended for 30 days.
   70         Section 4. This act shall take effect October 1, 2010.

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