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We petition the Great State of Florida as follows:

We ask that the Florida congress and Governor of Florida make into the law the following petition.

The statute should read as follows:

Definitions:

1.       Texting:  Sending or receiving any type of communication via a device that requires one to spell, type or otherwise use the device to send a message to another device.

2.       Device:  Any two-way communication device that has the capabilities to accept and transmit messages using cellular towers, wireless connections or other means of telecommunication.

3.       Hands free device:  Any device attached to the two-way communication device that allows one to use the device completely hands free.

The law should read as follows and be upheld by any duly sworn law enforcement officer in the Great State of Florida as follows.

1.       No person within the boundaries of the State of Florida shall use or cause to be used any device that transmits messages via texting without the use of a hands free device attached to the device.

2.       Any person caught using such a device shall be punished in accordance to the this statute as follows:

a.       First offense the person shall receive a traffic citation with a mandatory fine of $1,500.00 plus be assessed 4 points to their license without the chance to remove the points via an approved driving school.

b.      Second offense the person shall receive a traffic citation with a mandatory fine of $3,000.00 plus be assessed 6 points to their license without the option to remove the points via an approved traffic driving school and have said license suspended for a period not to exceed 12 months but no less than 6 months.

c.       Third offense the person shall be charged with a criminal offense of a first degree misdemeanor and be subject to serve a mandatory incarceration period of 12 months without gain time, good time, or any credit for time served.

d.      Should the use of the device be a cause for an accident without death or serious injury the person using said device shall be issued a traffic citation and fined $5,000.00 mandatory and have their license suspended for a minimum of 12 months but not to exceed 60 months.

e.      Should the use of the device be a cause for an accident with serious injury but not including death the person using said device shall be placed under arrest and charged with felony aggravated assault, a felony of the third degree with a mandatory 5 year prison sentence and a fine of $5,000.00 with the prison sentence being considered "straight time" (No gain time, good time, etc) and also have their license revoked forever.

f.        Should the use of the device be a cause for an accident resulting in a death the person using said device shall be placed under arrest and charged with capital murder and be punished by death or life in prison without a possibility of parole.

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