Bill Text: FL S0328 | 2010 | Regular Session | Introduced

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Bill Title: State Uniform Traffic Control/Texting Prohibited [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Transportation [S0328 Detail]

Download: Florida-2010-S0328-Introduced.html

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Florida Senate - 2010                                     SB 328 
 
By Senator Dockery 
15-00385-10                                            2010328__ 
1                        A bill to be entitled 
2         An act relating to state uniform traffic control; 
3         creating s. 316.3035, F.S.; prohibiting the use of an 
4         electronic communication device to send or receive 
5         text-based communications while operating a motor 
6         vehicle; defining the term “text-based communication”; 
7         providing exceptions; providing for enforcement; 
8         providing an effective date. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
12         Section 1. Section 316.3035, Florida Statutes, is created 
13  to read: 
14         316.3035 Use of electronic communication devices.— 
15         (1)(a) A person may not operate a motor vehicle on any 
16  highway while using an electronic communication device to 
17  compose, send, read, or view a text-based communication while 
18  the vehicle is on a roadway, as defined in s. 316.003(42). 
19         (b) As used in this section, the term “text-based 
20  communication” means a digital communication that is manually 
21  created to be electronically transmitted between physical 
22  devices, and includes text messaging, e-mail, instant messaging, 
23  paging, or a command or request to access an Internet page. 
24         (2) This section does not apply to: 
25         (a) A law enforcement officer or emergency medical services 
26  personnel in the performance of their official duties. 
27         (b) A person requesting medical or emergency assistance. 
28         (c) A person reporting illegal activity, a traffic 
29  accident, a traffic crash, or a road hazard that threatens 
30  drivers. 
31         (d) A member of the Armed Forces of the United States while 
32  operating a military vehicle. 
33         (e) A person in a vehicle that is at rest in a shoulder 
34  lane or that is lawfully parked. 
35         (3) This section does not authorize the seizure and 
36  forfeiture of a wireless communication device unless otherwise 
37  provided by law. 
38         (4) A violation of this section is a noncriminal traffic 
39  infraction, punishable as a nonmoving violation as provided in 
40  chapter 318. 
41         Section 2. This act shall take effect July 1, 2010.