Florida Senate - 2009                                    SB 1612
       
       
       
       By Senator Crist
       
       
       
       
       12-01522B-09                                          20091612__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle operators;
    3         prohibiting persons younger than 18 from using any
    4         electronic handheld device while operating a motor
    5         vehicle; providing a surcharge for the violation;
    6         providing for enforcement only as a secondary offense;
    7         authorizing the issuance of a warning and safety
    8         literature in lieu of the surcharge; providing an
    9         effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. (1) A person younger than 18 years of age may
   14  not operate a motor vehicle on the highways of this state while
   15  operating any electronic handheld device.
   16         (2) A violation of this section is a noncriminal traffic
   17  infraction, punishable as a $50 surcharge to any moving
   18  violation as provided in chapter 318, Florida Statutes. However,
   19  this section shall be enforced by a state or local law
   20  enforcement agency only as a secondary action when the operator
   21  of a motor vehicle has been issued a citation for a violation of
   22  chapter 316, chapter 320, or chapter 322, Florida Statutes. The
   23  issuing officer may, in lieu of the surcharge, issue a warning
   24  or provide to the operator of the vehicle safety literature that
   25  is approved by the Department of Highway Safety and Motor
   26  Vehicles.
   27         Section 2. This act shall take effect January 1, 2010.