Florida Senate - 2010 SB 934
By Senator Deutch
1 A bill to be entitled
2 An act relating to the use of wireless communications
3 devices in motor vehicles; prohibiting reading,
4 writing, or using a wireless communications device for
5 text messaging while driving a motor vehicle;
6 providing exceptions; prohibiting the use of a
7 wireless telephone while driving a motor vehicle
8 unless the telephone is designed and used for hands
9 free talking and listening; providing certain
10 exceptions; prohibiting operators of school buses or
11 other public transportation vehicles from operating
12 such vehicle while using a wireless telephone;
13 providing penalties; providing an effective date.
15 Be It Enacted by the Legislature of the State of Florida:
17 Section 1. Wireless telephone use in motor vehicles.—
18 (1) Except as provided in subsection (2), a person may not
19 drive a motor vehicle on the highways of this state while
20 reading, manually writing, or sending a text message on a
21 wireless communications device.
22 (2) Subsection (1) does not apply to a person driving:
23 (a) An authorized emergency vehicle; or
24 (b) A moving motor vehicle while using an electronic
25 wireless communications device to:
26 1. Report illegal activities;
27 2. Summon medical or other emergency help; or
28 3. Prevent injury or damage to a person or property.
29 (3)(a) A person may use a wireless telephone while driving
30 a motor vehicle on the highways of this state if the telephone
31 is specifically designed to allow hands-free talking and
32 listening and is used in that manner while driving.
33 (b) Notwithstanding paragraph (a), a person who holds
34 learner’s driver’s license or who has held a driver’s license
35 for less than 1 year may not drive a motor vehicle on the
36 highways of this state while using a wireless telephone.
37 (4) The operator of a school bus or other vehicle used for
38 public transportation may not operate such vehicle on the
39 highways of this state while using a wireless telephone.
40 (5) Any person who violates this section commits a
41 noncriminal moving traffic violation and shall pay a fine of
42 $100 for the first offense, $250 for the second offense, and
43 $500 for the third or subsequent offense.
44 Section 2. This act shall take effect July 1, 2010.