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A bill to be entitled

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An act relating to use of an electronic wireless

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communications device while driving; amending s. 316.304,

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F.S.; prohibiting certain persons from using an electronic

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wireless communications device while operating a motor

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vehicle; providing for enforcement; providing penalties;

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amending s. 322.27, F.S.; providing for a point assessment

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against the driver's license; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 316.304, Florida Statutes, is amended to

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read:

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     316.304 Use of listening or communications devices Wearing

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of headsets.--

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     (1)(a) No person shall operate a vehicle while wearing a

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headset, headphone, or other listening device, other than a

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hearing aid or instrument for the improvement of defective human

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hearing.

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     (b)(2) This subsection section does not apply to:

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     1.(a) Any law enforcement officer equipped with any

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communications communication device necessary in performing his

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or her assigned duties or to any emergency vehicle operator

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equipped with any ear protection device.

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     2.(b) Any applicant for a license to operate a motorcycle

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while taking the examination required by s. 322.12(5).

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     3.(c) Any person operating a motorcycle who is using a

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headset that is installed in a helmet and worn so as to prevent

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the speakers from making direct contact with the user's ears so

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that the user can hear surrounding sounds.

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     4.(d) Any person using a headset in conjunction with a

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cellular telephone that only provides sound through one ear and

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allows surrounding sounds to be heard with the other ear.

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     5.(e) Any person using a headset in conjunction with

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communicating with the central base operation that only provides

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sound through one ear and allows surrounding sounds to be heard

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with the other ear.

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     (c)(3) The Department of Highway Safety and Motor Vehicles

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shall promulgate, by administrative rule, standards and

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specifications for headset equipment the use of which is

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permitted under this subsection section. The department shall

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inspect and review all such devices submitted to it and shall

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publish a list by name and type of approved equipment.

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     (d)(4) A violation of this subsection section is a

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noncriminal traffic infraction, punishable as a nonmoving

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violation as provided in chapter 318.

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     (2)(a) A person who has not attained 18 years of age shall

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not operate a motor vehicle while using an electronic wireless

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communications device.

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     (b) This subsection does not apply to a person using an

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electronic wireless communications device to:

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     1. Report illegal activity;

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     2. Summon medical or other emergency help; or

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     3. Prevent injury to a person or property.

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     (c) Enforcement of this subsection by state or local law

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enforcement agencies must be accomplished only as a secondary

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action when an operator of a motor vehicle has been detained for

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a suspected violation of another provision of this chapter,

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chapter 320, or chapter 322.

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     (d) A person who violates this subsection commits a

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noncriminal traffic infraction, punishable as a moving violation

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as provided in chapter 318, and shall have one point assessed

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against his or her driver's license as set forth in s. 322.27.

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     Section 2.  Paragraph (d) of subsection (3) of section

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322.27, Florida Statutes, is amended to read:

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     322.27  Authority of department to suspend or revoke

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license.--

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     (3)  There is established a point system for evaluation of

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convictions of violations of motor vehicle laws or ordinances,

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and violations of applicable provisions of s. 403.413(6)(b) when

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such violations involve the use of motor vehicles, for the

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determination of the continuing qualification of any person to

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operate a motor vehicle. The department is authorized to suspend

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the license of any person upon showing of its records or other

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good and sufficient evidence that the licensee has been convicted

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of violation of motor vehicle laws or ordinances, or applicable

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provisions of s. 403.413(6)(b), amounting to 12 or more points as

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determined by the point system. The suspension shall be for a

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period of not more than 1 year.

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     (d)  The point system shall have as its basic element a

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graduated scale of points assigning relative values to

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convictions of the following violations:

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     1.  Reckless driving, willful and wanton--4 points.

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     2.  Leaving the scene of a crash resulting in property

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damage of more than $50--6 points.

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     3.  Unlawful speed resulting in a crash--6 points.

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     4.  Passing a stopped school bus--4 points.

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     5.  Unlawful speed:

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     a.  Not in excess of 15 miles per hour of lawful or posted

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speed--3 points.

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     b.  In excess of 15 miles per hour of lawful or posted

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speed--4 points.

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     6.  A violation of a traffic control signal device as

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provided in s. 316.074(1) or s. 316.075(1)(c)1.--4 points.

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     7. Person who has not attained 18 years of age operating a

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motor vehicle while using an electronic wireless communications

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device in violation of s. 316.304(2)--1 point.

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      8.7. All other moving violations (including parking on a

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highway outside the limits of a municipality)--3 points. However,

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no points shall be imposed for a violation of s. 316.0741 or s.

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316.2065(12).

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     9.8. Any moving violation covered above, excluding unlawful

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speed, resulting in a crash--4 points.

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     10.9. Any conviction under s. 403.413(6)(b)--3 points.

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     11.10. Any conviction under s. 316.0775(2)--4 points.

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     Section 3.  This act shall take effect October 1, 2008.