Florida Senate - 2013 SB 396 By Senator Abruzzo 25-00296A-13 2013396__ 1 A bill to be entitled 2 An act relating to the use of wireless communications 3 devices or telephones by persons younger than 18 years 4 of age while operating a motor vehicle; creating s. 5 316.3035, F.S.; prohibiting a person younger than 18 6 years of age from operating a motor vehicle while 7 using a wireless communications device; providing 8 exceptions; providing a penalty; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 316.3035, Florida Statutes, is created 14 to read: 15 316.3035 Wireless communications devices prohibited; 16 persons younger than 18 years of age.— 17 (1)(a) A person younger than 18 years of age may not 18 operate a motor vehicle while using a wireless communications 19 device or telephone, including the use of a hands-free device. 20 (b) As used in this section, the term “wireless 21 communications device” means any device that is designed or 22 intended to receive or transmit text or character-based 23 messages, access or store data, or connect to the Internet; or 24 any communications service as defined in s. 812.15 which allows 25 text communications. 26 (c) An individual who is in a motor vehicle that is legally 27 parked and that is not being operated is not subject to the 28 prohibition in this section. 29 (2) This section does not apply to a person using a 30 wireless communications device for emergency purposes, 31 including, but not limited to, an emergency call to a law 32 enforcement agency, a health care provider, a fire department, 33 or any other emergency services agency or entity. 34 (3) A person who violates this section commits a 35 noncriminal traffic infraction, punishable as a moving violation 36 as provided in chapter 318. 37 Section 2. This act shall take effect July 1, 2013.