Florida Senate - 2010                                     SB 244
       
       
       
       By Senator Wilson
       
       
       
       
       33-00094-10                                            2010244__
    1                        A bill to be entitled                      
    2         An act relating to the use of cellular telephones;
    3         providing a short title; prohibiting the use of a
    4         cellular telephone while operating a motor vehicle
    5         except when using a headset or hands-free device;
    6         providing exemptions; providing a penalty; providing
    7         for enforcement only as a secondary offense; providing
    8         an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. This act may be cited as “Heather’s Law.”
   13         Section 2. Cellular telephones.—
   14         (1) Except when using a headset as allowed in s. 316.304,
   15  Florida Statutes, or a hands-free device, a person may not
   16  operate a motor vehicle on the highways of this state while
   17  dialing or sending a telephone call or text message on a
   18  cellular telephone or while listening to or speaking on a
   19  cellular telephone. As used in this section, the term “cellular
   20  telephone” has the same meaning as in s. 817.4821, Florida
   21  Statutes.
   22         (2) This section does not prohibit the use of a cellular
   23  telephone for safety or law enforcement purposes if the use is
   24  approved by the Department of Highway Safety and Motor Vehicles.
   25         (3) A violation of this section is a noncriminal traffic
   26  infraction, punishable as a nonmoving violation as provided in
   27  chapter 318, Florida Statutes. However, this section may be
   28  enforced by a state or local law enforcement agency only as a
   29  secondary action when the operator of a motor vehicle has been
   30  detained for a suspected violation of chapter 316, chapter 320,
   31  or chapter 322, Florida Statutes.
   32         Section 3. This act shall take effect July 1, 2010.