Bill Text: FL S0076 | 2019 | Regular Session | Comm Sub
Bill Title: Driving While Using a Wireless Communications Device
Spectrum:
Status: (Introduced - Dead) 2019-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 107 (Ch. 2019-44) [S0076 Detail]
Download: Florida-2019-S0076-Comm_Sub.html
Florida Senate - 2019 CS for CS for CS for CS for SB 76 By the Committees on Rules; Judiciary; Innovation, Industry, and Technology; and Infrastructure and Security; and Senators Simpson, Passidomo, Hooper, Mayfield, Book, Rouson, Berman, Perry, Taddeo, and Cruz 595-04577-19 201976c4 1 A bill to be entitled 2 An act relating to driving while using a wireless 3 communications device; amending s. 316.305, F.S.; 4 revising a short title; redefining the term “wireless 5 communications device”; revising legislative intent; 6 prohibiting a person from operating a motor vehicle 7 while using a wireless communications device; 8 authorizing a law enforcement officer during a 9 specified period to stop motor vehicles to issue 10 warnings to persons who are driving while using a 11 wireless communications device; providing for repeal 12 of that authorization; authorizing a law enforcement 13 officer, on and after a specified date, to stop motor 14 vehicles and issue citations to persons who are 15 driving while using a wireless communications device; 16 revising exceptions to such prohibition; providing 17 that a user’s billing records for a wireless 18 communications device or the testimony of or written 19 statements from certain authorities are admissible as 20 evidence in crashes involving serious bodily injury; 21 requiring that law enforcement officers indicate 22 specified information in the uniform traffic citation; 23 providing penalties for driving while using a wireless 24 communications device; authorizing first-time 25 offenders to participate in a wireless communications 26 device driving safety program, in lieu of the 27 imposition of penalties; authorizing a clerk of the 28 court to dismiss a case and assess court costs under 29 certain circumstances; requiring the deposit of fines 30 into the Emergency Medical Services Trust Fund of the 31 Department of Health; deleting a provision requiring 32 that enforcement be accomplished only as a secondary 33 action; requiring law enforcement officers to record 34 the race and ethnicity of violators when issuing a 35 citation for a violation of this section; requiring 36 all law enforcement agencies to maintain such 37 information and report it to the Department of Highway 38 Safety and Motor Vehicles in a form and manner 39 determined by the department; beginning on a specified 40 date, requiring the department to annually report the 41 data to the Governor and Legislature; providing 42 requirements for the report; authorizing the 43 department, in consultation with the Department of 44 Transportation, to implement a statewide campaign to 45 raise awareness of and encourage compliance with the 46 prohibition on operating a motor vehicle while using a 47 wireless communications device; authorizing the 48 department to use certain messaging to implement the 49 campaign; authorizing the department to contract with 50 certain entities for certain purposes; providing 51 effective dates. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. Effective October 1, 2019, section 316.305, 56 Florida Statutes, is amended to read: 57 316.305 Wireless communications devices; prohibition.— 58 (1) This section may be cited as the “Florida Hands-Free 59Ban on Texting WhileDriving Law.” 60 (2) For purposes of this section, the term “wireless 61 communications device” means any handheld device that is 62 designed or intended to allow two-way voice communication, to 63 receive or transmit text-based or character-based messages, to 64 record or view images, to access or store data, or to connect to 65 the Internet or to any communications service, as defined in s. 66 812.15, or that allows text communications. The term includes, 67 but is not limited to, a cell phone, a tablet, a laptop, a two 68 way messaging device, or an electronic game that is used or 69 capable of being used in a handheld manner. The term does not 70 include a safety, security, or convenience feature built into a 71 motor vehicle which does not require the use of a handheld 72 device. 73 (3)(2)It is the intent of the Legislature to: 74 (a) Improve roadway safety for all vehicle operators, 75 vehicle passengers, bicyclists, pedestrians, and other road 76 users. 77 (b) Prevent crashes related to the act of driving while 78 using a wireless communications device when operatingtext79messaging while drivinga motor vehicle while the vehicle is in 80 motion. 81 (c) Reduce injuries, deaths, property damage, health care 82 costs, health insurance rates, and automobile insurance rates 83 related to motor vehicle crashes. 84 (d) Authorize law enforcement officers to stop motor 85 vehicles and issue citationsas a secondary offenseto persons 86 who aretexting whiledriving while using a wireless 87 communications device as provided in subsection (4). 88 (4)(3)(a)1. A person may not operate a motor vehicle while 89 using a wireless communications devicewhile manually typing or90entering multiple letters, numbers, symbols, or other characters91into a wireless communications device or while sending or92reading data on such a device for the purpose of nonvoice93interpersonal communication, including, but not limited to,94communication methods known as texting, e-mailing, and instant95messaging. As used in this section, the term “wireless96communications device” means any handheld device used or capable97of being used in a handheld manner, that is designed or intended98to receive or transmit text or character-based messages, access99or store data, or connect to the Internet or any communications100service as defined in s. 812.15 and that allows text101communications. For the purposes of this paragraph, a motor 102 vehicle that is stationary is not being operated and is not 103 subject to the prohibition in this paragraph. 104 2.a. During the period from October 1, 2019, through 105 December 31, 2019, a law enforcement officer may stop motor 106 vehicles to issue verbal or written warnings to persons who are 107 driving while using a wireless communications device for the 108 purposes of informing and educating such persons of this 109 section. This sub-subparagraph shall stand repealed on October 110 1, 2020. 111 b. Effective January 1, 2020, a law enforcement officer may 112 stop motor vehicles and issue citations to persons who are 113 driving while using a wireless communications device. 114 (b) Paragraph (a) does not apply to a motor vehicle 115 operator who is: 116 1. Performing official duties as an operator of an 117 authorized emergency vehicle as defined in s. 322.01, a law 118 enforcement or fire service professional, or an emergency 119 medical services professional. 120 2. Reporting an emergency or criminal or suspicious 121 activity to law enforcement authorities. 122 3. Receiving messages that are: 123 a. Related to the operation or navigation of the motor 124 vehicle; 125 b. Safety-related information, including emergency, 126 traffic, or weather alerts; 127 c. Data used primarily by the motor vehicle; or 128 d. Radio broadcasts. 129 4. Using a device or system in a hands-free manner for 130 navigation purposes. 131 5. Using a wireless communications device hands-free or 132 hands-free in voice-operated mode, including, but not limited 133 to, a factory-installed or after-market Bluetooth device 134Conducting wireless interpersonal communication that does not135require manual entry of multiple letters, numbers, or symbols,136except to activate, deactivate, or initiate a feature or137function. 1386. Conducting wireless interpersonal communication that139does not require reading text messages, except to activate,140deactivate, or initiate a feature or function.141 6.7.Operating an autonomous vehicle, as defined in s. 142 316.003, in autonomous mode. 143 (c) Only in the event of a crash resulting in death or 144 serious bodily injury, as defined in s. 316.027personal injury, 145 a user’s billing records for a wireless communications device or 146 the testimony of or written statements from appropriate 147 authorities receiving such messages may be admissible as 148 evidence in any proceeding to determine whether a violation of 149 subparagraph (a)1.paragraph (a)has been committed. 150 (d) Law enforcement officers must indicate the type of 151 wireless communications device in the comment section of the 152 uniform traffic citation. 153 (5)(4)(a) Any person who violates this section commits a 154 noncriminal traffic infraction, punishable as a moving 155 violation, as provided in chapter 318, and shall have 3 points 156 assessed against his or her driver license as set forth in s. 157 322.27(3)(d)7. For a first offense under this section, in lieu 158 of the penalty specified in s. 318.18 and the assessment of 159 points, a person who violates this section may elect to 160 participate in a wireless communications device driving safety 161 program approved by the Department of Highway Safety and Motor 162 Vehicles. Upon completion of such program, the penalty specified 163 in s. 318.18 and associated costs may be waived by the clerk of 164 the court and the assessment of points must be waivedAny person165who violates paragraph (3)(a) commits a noncriminal traffic166infraction, punishable as a nonmoving violation as provided in167chapter 318. 168 (b) The clerk of the court may dismiss a case and assess 169 court costs in accordance with s. 318.18(11)(a) for a nonmoving 170 traffic infraction for a person who is cited for a first time 171 violation of this section if the person shows the clerk proof of 172 purchase of equipment that enables his or her personal wireless 173 communications device to be used in a hands-free mannerAny174person who commits a second or subsequent violation of paragraph175(3)(a) within 5 years after the date of a prior conviction for a176violation of paragraph (3)(a) commits a noncriminal traffic177infraction, punishable as a moving violation as provided in178chapter 318. 179 (6)(5)Notwithstanding s. 318.21, all proceeds collected 180 pursuant to s. 318.18 for violations of this section must be 181 remitted to the Department of Revenue for deposit into the 182 Emergency Medical Services Trust Fund of the Department of 183 HealthEnforcement of this section by state or local law184enforcement agencies must be accomplished only as a secondary185action when an operator of a motor vehicle has been detained for186a suspected violation of another provision of this chapter,187chapter 320, or chapter 322. 188 (7) When a law enforcement officer issues a citation for a 189 violation of this section, the law enforcement officer must 190 record the race and ethnicity of the violator. All law 191 enforcement agencies must maintain such information and must 192 report such information to the department in a form and manner 193 determined by the department. Beginning February 1, 2020, the 194 department shall annually report the data collected under this 195 subsection to the Governor, the President of the Senate, and the 196 Speaker of the House of Representatives. The data collected must 197 be reported at least by statewide totals for local law 198 enforcement agencies, state law enforcement agencies, and state 199 university law enforcement agencies. The statewide total for 200 local law enforcement agencies must combine the data for the 201 county sheriffs and the municipal law enforcement agencies. 202 Section 2. (1) The Department of Highway Safety and Motor 203 Vehicles, in consultation with the Department of Transportation, 204 may implement a statewide campaign to raise awareness of and 205 encourage compliance with s. 316.305, Florida Statutes. The 206 Department of Highway Safety and Motor Vehicles may use 207 television messaging, radio broadcasts, print media, digital 208 strategies, social media, and any other form of messaging deemed 209 necessary and appropriate by the department to implement the 210 campaign. 211 (2) The Department of Highway Safety and Motor Vehicles may 212 contract with counties, local law enforcement agencies, safety 213 councils, and public schools to assist with planning and 214 conducting the statewide campaign. 215 Section 3. Except as otherwise expressly provided in this 216 act, this act shall take effect July 1, 2019.