A most bizzaro piece of legislation. Despite all scientific evidence the Bill leaves out the primary problem with cell phones. The conversation. Look at the list of co-sponsors on this bill , HB41
GENERAL BILL by Holder (CO-SPONSORS) Brisé; Heller; Homan; Hooper; Legg; Nehr; Pafford; Porth; Rader; Rehwinkel Vasilinda; Schwartz; Steinberg
Is somebody actually going to tell me that none of these sponsors has seen the research by now when it is all over the internet? Who knows maybe what they are seeing is green. Maybe they are blinded by greenness.
FLORIDA HOUSE OF REPRESENTATIVES
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HB 41 2010
A bill to be entitled An act relating to use of an electronic wireless
communications device while driving; amending s. 316.304, F.S.; prohibiting the operation of a moving motor vehicle while reading, manually writing or typing, or sending a message on an electronic wireless communications device; providing exceptions; providing penalties; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 316.304, Florida Statutes, is amended to read:
316.304 Use of listening or communications devices;
restrictions Wearing of headsets.--
(1)(a) No person shall operate a vehicle while wearing a
headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing.
(b)(2) This subsection section does not apply to:
1.(a) Any law enforcement officer equipped with any
communications communication device necessary in performing his
or her assigned duties or to any emergency vehicle operator equipped with any ear protection device.
2.(b) Any applicant for a license to operate a motorcycle
while taking the examination required by s. 322.12(5). 3.(c) Any person operating a motorcycle who is using a
headset that is installed in a helmet and worn so as to prevent
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hb0041-00
FLORIDA HOUSE OF REPRESENTATIVES
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HB 41 2010
the speakers from making direct contact with the user's ears so that the user can hear surrounding sounds.
4.(d) Any person using a headset in conjunction with a
cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.
5.(e) Any person using a headset in conjunction with
communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.
(c)(3) The Department of Highway Safety and Motor Vehicles
shall promulgate, by administrative rule, standards and specifications for headset equipment the use of which is permitted under this subsection section. The department shall
inspect and review all such devices submitted to it and shall publish a list by name and type of approved equipment.
(2)(a) No person shall operate a moving motor vehicle
while reading, manually writing or typing, or sending a message
on an electronic wireless communications device.
(b) This subsection does not apply to a person operating
an authorized emergency vehicle or using an electronic wireless
communications device to:
1. Report illegal activity;
2. Summon medical or other emergency help; or
3. Prevent injury to a person or property.
(3)(4) A violation of this section is a noncriminal
traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
Section 2. This act shall take effect October 1, 2010.
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