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       Florida Senate - 2010                                     SB 328
       By Senator Dockery
       15-00385-10                                            2010328__
    1                        A bill to be entitled                      
    2         An act relating to state uniform traffic control;
    3         creating s. 316.3035, F.S.; prohibiting the use of an
    4         electronic communication device to send or receive
    5         text-based communications while operating a motor
    6         vehicle; defining the term “text-based communication”;
    7         providing exceptions; providing for enforcement;
    8         providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 316.3035, Florida Statutes, is created
   13  to read:
   14         316.3035Use of electronic communication devices.
   15         (1)(a)A person may not operate a motor vehicle on any
   16  highway while using an electronic communication device to
   17  compose, send, read, or view a text-based communication while
   18  the vehicle is on a roadway, as defined in s. 316.003(42).
   19         (b)As used in this section, the term “text-based
   20  communication” means a digital communication that is manually
   21  created to be electronically transmitted between physical
   22  devices, and includes text messaging, e-mail, instant messaging,
   23  paging, or a command or request to access an Internet page.
   24         (2)This section does not apply to:
   25         (a)A law enforcement officer or emergency medical services
   26  personnel in the performance of their official duties.
   27         (b)A person requesting medical or emergency assistance.
   28         (c)A person reporting illegal activity, a traffic
   29  accident, a traffic crash, or a road hazard that threatens
   30  drivers.
   31         (d)A member of the Armed Forces of the United States while
   32  operating a military vehicle.
   33         (e)A person in a vehicle that is at rest in a shoulder
   34  lane or that is lawfully parked.
   35         (3)This section does not authorize the seizure and
   36  forfeiture of a wireless communication device unless otherwise
   37  provided by law.
   38         (4)A violation of this section is a noncriminal traffic
   39  infraction, punishable as a nonmoving violation as provided in
   40  chapter 318.
   41         Section 2. This act shall take effect July 1, 2010.

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