Title: Traffic Safety

Summary: Designates act "Alex Brown Act"; prohibits use of handheld cellular telephones & other handheld electronic communications devices by drivers under 18 years of age.

Full Text:
An act relating to traffic safety; providing a short title; amending s. 316.0075, F.S.; prohibiting the use of handheld cellular telephones and other handheld electronic communications devices by drivers under 5 years of age; providing exceptions; providing penalties; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. This act may be cited as th e"Alex Brown Act." Section 2. Section 316.0075, Florida Statutes, is amended to read: 316.0075 Operator use of commercial mobile radio services and electronic communications devices.-(1) Regulation of operator or passenger use of commer cial mobile radio services and other electronic communications devices in a motor vehicle is expressly preempted to the state. (2)(a) A person who has not attained years of age and is driving or in actual physical control of a motor vehicle on the roads of this state may not use any type of handheld cellular telephone or other handheld electronic communications device. (b) This subsection does not apply: 1. To a device that is designed for hands-free use and the person is using it in that manner. 2. When the motor vehicle is stopped and the engine is not running. HB 1135 2012 (c) A violation of this subsection is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. Upon a second or subse quent violation of this subsection, in addition to the penalties for a moving violation under chapter 318, the department shall suspend the person's driver's license and privilege to drive for a period of 34 months. Section 3. This act shall take effect October 1, 2012.