Florida Senate - 2010 SB 608
By Senator Rich
1 A bill to be entitled
2 An act relating to the use of cellular telephones;
3 prohibiting the use of a cellular telephone while
4 operating a motor vehicle except when using a headset
5 or hands-free device; providing exemptions; providing
6 a penalty; providing for enforcement only as a
7 secondary offense; providing an effective date.
9 Be It Enacted by the Legislature of the State of Florida:
11 Section 1. Cellular telephones.—
12 (1) Except when using a headset pursuant to s. 316.304,
13 Florida Statutes, or a hands-free device, a person may not
14 operate a motor vehicle on a street or highway while dialing or
15 sending a telephone call on a cellular telephone or while
16 listening to or speaking on a cellular telephone, as defined in
17 s. 817.4821, Florida Statutes.
18 (2) This section does not apply to:
19 (a) A law enforcement officer or an emergency vehicle
20 operator using a cellular telephone in the line of duty;
21 (b) A person using a cellular telephone in order to report
22 illegal activity;
23 (c) A person using a cellular telephone in order to summon
24 medical or other emergency help; or
25 (d) A person using a cellular telephone in order to prevent
26 injury or damage to a person or property.
27 (3) A violation of this section is a noncriminal traffic
28 infraction, punishable as a nonmoving violation as provided in
29 chapter 318, Florida Statutes. However, this section may be
30 enforced by a state or local law enforcement officer only as a
31 secondary action when the operator of a motor vehicle has been
32 detained for a suspected violation of any provision of chapter
33 316, chapter 320, or chapter 322, Florida Statutes.
34 Section 2. This act shall take effect July 1, 2010.