HB 835

1
A bill to be entitled
2An act relating to traffic safety; creating the Alex Brown
3Act; amending s. 316.0075, F.S.; prohibiting the use of
4handheld cellular telephones and other handheld electronic
5communications devices by drivers under 18 years of age;
6providing exceptions; providing penalties; providing an
7effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  This act may be cited as the "Alex Brown Act."
12     Section 2.  Section 316.0075, Florida Statutes, is amended
13to read:
14     316.0075  Operator use of commercial mobile radio services
15and electronic communications devices.-
16     (1)  Regulation of operator or passenger use of commercial
17mobile radio services and other electronic communications
18devices in a motor vehicle is expressly preempted to the state.
19     (2)(a)  A person who has not attained 18 years of age and
20is driving or in actual physical control of a motor vehicle on
21the roads of this state may not use any type of handheld
22cellular telephone or other handheld electronic communications
23device.
24     (b)  This subsection does not apply:
25     1.  To a device that is designed for hands-free use and the
26person is using it in that manner.
27     2.  When the motor vehicle is stopped and the engine is not
28running.
29     (c)  A violation of this subsection is a noncriminal
30traffic infraction, punishable as a moving violation as provided
31in chapter 318. Upon a second or subsequent violation of this
32subsection, in addition to the penalties for a moving violation
33under chapter 318, the department shall suspend the person's
34driver's license and privilege to drive for a period of 6
35months.
36     Section 3.  This act shall take effect October 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.