| 1 | A bill to be entitled |
| 2 | An act relating to the use of cellular telephones; |
| 3 | prohibiting the use of a cellular telephone while |
| 4 | operating a motor vehicle except when using a headset or |
| 5 | hands-free device; providing exemptions; providing a |
| 6 | penalty; providing for enforcement only as a secondary |
| 7 | offense; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Cellular telephones.-- |
| 12 | (1) Except when using a headset as allowed in s. 316.304, |
| 13 | Florida Statutes, or a hands-free device, a person may not |
| 14 | operate a motor vehicle on the highways of this state while |
| 15 | dialing or sending a telephone call or text message on a |
| 16 | cellular telephone or while listening to or speaking on a |
| 17 | cellular telephone. As used in this section, the term "cellular |
| 18 | telephone" has the same meaning as in s. 817.4821, Florida |
| 19 | Statutes. |
| 20 | (2) This section does not prohibit the use of a cellular |
| 21 | telephone for safety or law enforcement purposes if the use is |
| 22 | approved by the Department of Highway Safety and Motor Vehicles. |
| 23 | (3) A violation of this section is a noncriminal traffic |
| 24 | infraction, punishable as a nonmoving violation as provided in |
| 25 | chapter 318, Florida Statutes. However, this section may be |
| 26 | enforced by a state or local law enforcement agency only as a |
| 27 | secondary action when the operator of a motor vehicle has been |
| 28 | detained for a suspected violation of chapter 316, chapter 320, |
| 29 | or chapter 322, Florida Statutes. |
| 30 | Section 2. This act shall take effect July 1, 2008. |