Senate Bill sb0610
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    Florida Senate - 2002                                   SB 610
    By Senator Wasserman Schultz
    32-179A-02
  1                      A bill to be entitled
  2         An act relating to the use of a cellular
  3         telephone while operating a motor vehicle
  4         within a school zone; creating s. 316.1897,
  5         F.S.; defining the terms "cellular telephone"
  6         and "hands-free device"; prohibiting a person
  7         from using a cellular telephone that is not
  8         equipped with a hands-free device while
  9         operating a motor vehicle in a school zone
10         during a time when the reduced speed limit is
11         in effect; providing that such traffic
12         infraction is punishable as a moving violation;
13         amending s. 318.18, F.S.; providing a penalty
14         for violating s. 316.1897, F.S.; amending s.
15         316.1895, F.S.; providing requirements for
16         signs that designate a school zone; requiring
17         the Department of Transportation to establish
18         standards for the signs; providing an effective
19         date.
20
21  Be It Enacted by the Legislature of the State of Florida:
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23         Section 1.  Section 316.1897, Florida Statutes, is
24  created to read:
25         316.1897  Use of cellular telephone while operating a
26  motor vehicle within a school zone prohibited.--
27         (1)  As used in this section, the term:
28         (a)  "Cellular telephone" means a device capable of
29  sending or receiving telephone communications without an
30  access line, including, but not limited to, an analog, a
31  digital, or a wireless telephone.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 610
    32-179A-02
  1         (b)  "Hands-free device" means an internal or external
  2  device, attachment, or addition to a cellular telephone or
  3  motor vehicle, regardless of whether the device is permanently
  4  installed, which allows the operator of the motor vehicle to:
  5         1.  Maintain both hands, or prosthetic device or aid in
  6  the case of a physically disabled person, on the applicable
  7  steering device; and
  8         2.  Hear surrounding sound.
  9         (2)  A person may not use a cellular telephone while
10  operating a motor vehicle within a school zone during any time
11  when the reduced speed limit for the school zone is in effect
12  unless the cellular telephone is used with a hands-free
13  device.
14         (3)  A person who violates this section commits a
15  noncriminal traffic infraction, punishable as a moving
16  violation as provided in chapter 318.
17         Section 2.  Paragraph (c) is added to subsection (5) of
18  section 318.18, Florida Statutes, to read:
19         318.18  Amount of civil penalties.--The penalties
20  required for a noncriminal disposition pursuant to s. 318.14
21  are as follows:
22         (5)(c)  Sixty dollars for a violation of s. 316.1897,
23  using a cellular telephone without a hands-free device while
24  operating a motor vehicle in a school zone when the reduced
25  speed limit is in effect.
26         Section 3.  Subsection (6) of section 316.1895, Florida
27  Statutes, is amended to read:
28         316.1895  Establishment of school speed zones,
29  enforcement; designation.--
30         (6)  Permanent signs designating school zones and
31  school zone speed limits must shall be uniform in size and
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    Florida Senate - 2002                                   SB 610
    32-179A-02
  1  color, and must clearly designate shall have the times during
  2  which the restrictive speed limit is enforced and during which
  3  a person is prohibited from operating a motor vehicle within
  4  the school zone while using a cellular telephone without a
  5  hands-free device clearly designated thereon. The Department
  6  of Transportation shall establish adequate standards for the
  7  signs.
  8         Section 4.  This act shall take effect July 1, 2002.
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11                          SENATE SUMMARY
12    Prohibits a person from using a cellular telephone while
      operating a motor vehicle within a school zone during the
13    hours when the reduced speed limit is in effect unless
      the operator uses a hands-free device. Provides that a
14    person who violates such prohibition commits a moving
      violation. Provides a fine of $60. Requires that signs
15    for a school zone designate the times during which the
      prohibition is in effect.
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CODING: Words stricken are deletions; words underlined are additions.