| 1 | A bill to be entitled |
| 2 | An act relating to traffic safety; creating the Alex Brown |
| 3 | Act; amending s. 316.0075, F.S.; prohibiting the use of |
| 4 | handheld cellular telephones and other handheld electronic |
| 5 | communications devices by drivers under 18 years of age; |
| 6 | providing exceptions; providing penalties; providing an |
| 7 | 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. This act may be cited as the "Alex Brown Act." |
| 12 | Section 2. Section 316.0075, Florida Statutes, is amended |
| 13 | to read: |
| 14 | 316.0075 Operator use of commercial mobile radio services |
| 15 | and electronic communications devices.- |
| 16 | (1) Regulation of operator or passenger use of commercial |
| 17 | mobile radio services and other electronic communications |
| 18 | devices in a motor vehicle is expressly preempted to the state. |
| 19 | (2)(a) A person who has not attained 18 years of age and |
| 20 | is driving or in actual physical control of a motor vehicle on |
| 21 | the roads of this state may not use any type of handheld |
| 22 | cellular telephone or other handheld electronic communications |
| 23 | device. |
| 24 | (b) This subsection does not apply: |
| 25 | 1. To a device that is designed for hands-free use and the |
| 26 | person is using it in that manner. |
| 27 | 2. When the motor vehicle is stopped and the engine is not |
| 28 | running. |
| 29 | (c) A violation of this subsection is a noncriminal |
| 30 | traffic infraction, punishable as a moving violation as provided |
| 31 | in chapter 318. Upon a second or subsequent violation of this |
| 32 | subsection, in addition to the penalties for a moving violation |
| 33 | under chapter 318, the department shall suspend the person's |
| 34 | driver's license and privilege to drive for a period of 6 |
| 35 | months. |
| 36 | Section 3. This act shall take effect October 1, 2011. |