Florida Senate - 2013                                     SB 396
       
       
       
       By Senator Abruzzo
       
       
       
       
       25-00296A-13                                           2013396__
    1                        A bill to be entitled                      
    2         An act relating to the use of wireless communications
    3         devices or telephones by persons younger than 18 years
    4         of age while operating a motor vehicle; creating s.
    5         316.3035, F.S.; prohibiting a person younger than 18
    6         years of age from operating a motor vehicle while
    7         using a wireless communications device; providing
    8         exceptions; providing a penalty; providing an
    9         effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 316.3035, Florida Statutes, is created
   14  to read:
   15         316.3035 Wireless communications devices prohibited;
   16  persons younger than 18 years of age.—
   17         (1)(a) A person younger than 18 years of age may not
   18  operate a motor vehicle while using a wireless communications
   19  device or telephone, including the use of a hands-free device.
   20         (b) As used in this section, the term “wireless
   21  communications device” means any device that is designed or
   22  intended to receive or transmit text or character-based
   23  messages, access or store data, or connect to the Internet; or
   24  any communications service as defined in s. 812.15 which allows
   25  text communications.
   26         (c) An individual who is in a motor vehicle that is legally
   27  parked and that is not being operated is not subject to the
   28  prohibition in this section.
   29         (2) This section does not apply to a person using a
   30  wireless communications device for emergency purposes,
   31  including, but not limited to, an emergency call to a law
   32  enforcement agency, a health care provider, a fire department,
   33  or any other emergency services agency or entity.
   34         (3) A person who violates this section commits a
   35  noncriminal traffic infraction, punishable as a moving violation
   36  as provided in chapter 318.
   37         Section 2. This act shall take effect July 1, 2013.