Florida Senate - 2015                                     SB 740
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00316A-15                                           2015740__
    1                        A bill to be entitled                      
    2         An act relating to the use of wireless communications
    3         devices; providing a short title; creating s. 316.307,
    4         F.S.; prohibiting a person younger than 18 years of
    5         age from operating a motor vehicle while using a
    6         wireless communications device; defining the term
    7         “wireless communications device” and including
    8         cellular telephones within that definition for
    9         purposes of the act; providing exceptions; providing a
   10         penalty; amending s. 322.08, F.S.; adding the AAA
   11         Foundation for Traffic Safety to the list of
   12         organizations on driver license application forms
   13         which may receive voluntary contributions; providing
   14         that such contributions are not considered income of a
   15         revenue nature for purposes of a service charge;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. This act may be cited as the “Minor Traffic
   21  Safety Act.”
   22         Section 2. Section 316.307, Florida Statutes, is created to
   23  read:
   24         316.307Wireless communications devices prohibited; persons
   25  younger than 18 years of age.—
   26         (1) A person younger than 18 years of age may not operate a
   27  motor vehicle while using a handheld or hands-free wireless
   28  communications device.
   29         (2) As used in this section, the term “wireless
   30  communications device” means a cellular telephone or any other
   31  device that is designed or intended to receive or transmit text
   32  or character-based messages, access or store data, or connect to
   33  the Internet or any communications service as defined in s.
   34  812.15 which allows text communications.
   35         (3) This section does not apply to a person younger than 18
   36  years of age who is:
   37         (a) In a motor vehicle that is legally parked and that is
   38  not being operated; or
   39         (b) Using a wireless communications device for emergency
   40  purposes, including, but not limited to, an emergency call to a
   41  law enforcement agency, a health care provider, a fire
   42  department, or any other emergency services agency or entity.
   43         (4)A person who violates this section commits a
   44  noncriminal traffic infraction, punishable as a moving violation
   45  as provided in chapter 318.
   46         Section 3. Subsection (7) of section 322.08, Florida
   47  Statutes, is amended to read:
   48         322.08 Application for license; requirements for license
   49  and identification card forms.—
   50         (7) The application form for an original, renewal, or
   51  replacement driver license or identification card must include
   52  language permitting the following:
   53         (a) A voluntary contribution of $1 per applicant, which
   54  contribution shall be deposited into the Health Care Trust Fund
   55  for organ and tissue donor education and for maintaining the
   56  organ and tissue donor registry.
   57         (b) A voluntary contribution of $1 per applicant, which
   58  shall be distributed to the Florida Council of the Blind.
   59         (c) A voluntary contribution of $2 per applicant, which
   60  shall be distributed to the Hearing Research Institute,
   61  Incorporated.
   62         (d) A voluntary contribution of $1 per applicant, which
   63  shall be distributed to the Juvenile Diabetes Foundation
   64  International.
   65         (e) A voluntary contribution of $1 per applicant, which
   66  shall be distributed to the Children’s Hearing Help Fund.
   67         (f) A voluntary contribution of $1 per applicant, which
   68  shall be distributed to Family First, a nonprofit organization.
   69         (g) A voluntary contribution of $1 per applicant to Stop
   70  Heart Disease, which shall be distributed to the Florida Heart
   71  Research Institute, a nonprofit organization.
   72         (h) A voluntary contribution of $1 per applicant to Senior
   73  Vision Services, which shall be distributed to the Florida
   74  Association of Agencies Serving the Blind, Inc., a not-for
   75  profit organization.
   76         (i) A voluntary contribution of $1 per applicant for
   77  services for persons with developmental disabilities, which
   78  shall be distributed to The Arc of Florida.
   79         (j) A voluntary contribution of $1 to the Ronald McDonald
   80  House, which shall be distributed each month to Ronald McDonald
   81  House Charities of Tampa Bay, Inc.
   82         (k) Notwithstanding s. 322.081, a voluntary contribution of
   83  $1 per applicant, which shall be distributed to the League
   84  Against Cancer/La Liga Contra el Cancer, a not-for-profit
   85  organization.
   86         (l) A voluntary contribution of $1 per applicant to Prevent
   87  Child Sexual Abuse, which shall be distributed to Lauren’s Kids,
   88  Inc., a nonprofit organization.
   89         (m) A voluntary contribution of $1 per applicant, which
   90  shall be distributed to Prevent Blindness Florida, a not-for
   91  profit organization, to prevent blindness and preserve the sight
   92  of the residents of this state.
   93         (n) Notwithstanding s. 322.081, a voluntary contribution of
   94  $1 per applicant to the state homes for veterans, to be
   95  distributed on a quarterly basis by the department to the State
   96  Homes for Veterans Trust Fund, which is administered by the
   97  Department of Veterans’ Affairs.
   98         (o) A voluntary contribution of $1 per applicant to the
   99  Disabled American Veterans, Department of Florida, which shall
  100  be distributed quarterly to Disabled American Veterans,
  101  Department of Florida, a nonprofit organization.
  102         (p) A voluntary contribution of $1 per applicant for Autism
  103  Services and Supports, which shall be distributed to Achievement
  104  and Rehabilitation Centers, Inc., Autism Services Fund.
  105         (q) A voluntary contribution of $1 per applicant to Support
  106  Our Troops, which shall be distributed to Support Our Troops,
  107  Inc., a Florida not-for-profit organization.
  108         (r) A voluntary contribution of $1 or more per applicant,
  109  which shall be distributed to the Auto Club Group Traffic Safety
  110  Foundation, Inc., a not-for-profit organization.
  111         (s) Notwithstanding s. 322.081, a voluntary contribution of
  112  $1 per applicant to aid the homeless. Contributions made
  113  pursuant to this paragraph shall be deposited into the Grants
  114  and Donations Trust Fund of the Department of Children and
  115  Families and used by the State Office on Homelessness to
  116  supplement grants made under s. 420.622(4) and (5), provide
  117  information to the public about homelessness in the state, and
  118  provide literature for homeless persons seeking assistance.
  119         (t) A voluntary contribution of $1 per applicant, which
  120  shall be distributed to the AAA Foundation for Traffic Safety, a
  121  nonprofit organization.
  122  
  123  A statement providing an explanation of the purpose of the trust
  124  funds shall also be included. For the purpose of applying the
  125  service charge provided under s. 215.20, contributions received
  126  under paragraphs (b)-(t) (b)-(s) are not income of a revenue
  127  nature.
  128         Section 4. This act shall take effect July 1, 2015.