Bill Text: FL S1408 | 2024 | Regular Session | Introduced
Bill Title: Prevention of Distracted Driving
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-08 - Died in Transportation [S1408 Detail]
Download: Florida-2024-S1408-Introduced.html
Florida Senate - 2024 SB 1408 By Senator Davis 5-00622A-24 20241408__ 1 A bill to be entitled 2 An act relating to the prevention of distracted 3 driving; providing a short title; amending s. 316.305, 4 F.S.; revising a short title; prohibiting the 5 operation of a motor vehicle or commercial motor 6 vehicle in this state while performing certain 7 actions; defining the term “stand-alone electronic 8 device”; revising exceptions; revising penalties; 9 providing that persons who commit a specified 10 violation that results in a crash may elect, in lieu 11 of certain penalties, to participate in a certain 12 driver safety program; authorizing the clerk of the 13 court to waive fines, court costs, and points upon 14 completion of such program by such persons; 15 authorizing the clerk of the court to dismiss a case 16 and assess court costs for specified nonmoving 17 violations upon the clerk being provided proof of a 18 certain purchase; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. This act may be cited as the “Anthony Branca and 23 Anita Neal Act.” 24 Section 2. Subsection (1), paragraphs (a) and (b) of 25 subsection (3), and subsection (4) of section 316.305, Florida 26 Statutes, are amended to read: 27 316.305 Wireless communications devices and stand-alone 28 electronic devices; prohibition.— 29 (1) This section may be cited as the “Florida Ban on 30 DistractedTexting WhileDriving Law.” 31 (3)(a) A person may not do any of the following while 32 operating a motor vehicle or commercial motor vehicle on any 33 roadway, street, or highway in this state: 34 1. Manually type or enteroperate a motor vehiclewhile35manually typing or enteringmultiple letters, numbers, symbols, 36 or other characters into a wireless communications device or 37 stand-alone electronic device or send or readwhile sending or38readingdata on such a device for the purpose of nonvoice 39 interpersonal communication, including, but not limited to, 40 communication methods known as texting, e-mailing, and instant 41 messaging. As used in this subsectionsection, the term: 42 a. “Stand-alone electronic device” means a device other 43 than a wireless communications device which stores audio or 44 video data files to be retrieved on demand by a user. 45 b. “Wireless communications device” means any handheld 46 device used or capable of being used in a handheld manner, that 47 is designed or intended to receive or transmit text or 48 character-based messages, access or store data, or connect to 49 the Internet or any communications service as defined in s. 50 812.15 and that allows text communications.For the purposes of51this paragraph, a motor vehicle that is stationary is not being52operated and is not subject to the prohibition in this53paragraph.54 2. Physically support or hold with any part of his or her 55 body a wireless communications device or stand-alone electronic 56 device. This subparagraph does not prohibit the use of an 57 earpiece, a headphone device, or a device worn on a wrist to 58 conduct voice-based communication. 59 3. Watch a video or movie on a wireless communications 60 device or stand-alone electronic device. 61 4. Record or broadcast a video on a wireless communications 62 device or stand-alone electronic device. This section does not 63 prohibit the use of electronic devices for the sole purpose of 64 passively and continuously recording or broadcasting video 65 within or outside the motor vehicle. 66 5. Use more than a single button on a wireless 67 communications device to initiate or terminate a voice 68 communication. 69 6. Reach for a wireless communications device or stand 70 alone electronic device in a manner that would require the 71 driver to unfasten a safety belt or raise up from a seated 72 driving position. 73 (b) Paragraph (a) does not apply to a motor vehicle 74 operator who is: 75 1. Performing official duties as an operator of an 76 authorized emergency vehicle as defined in s. 322.01, a law 77 enforcement or fire service professional, or an emergency 78 medical services professional. 79 2. Reporting an emergency or criminal or suspicious 80 activity to law enforcement authorities. 81 3. Receiving messages that are: 82 a. Related to the operation or navigation of the motor 83 vehicle; 84 b. Safety-related information, including emergency, 85 traffic, or weather alerts; 86 c. Data used primarily by the motor vehicle; or 87 d. Radio broadcasts. 88 4. Using a device or system for navigation purposes. 89 5. Conducting wireless interpersonal communication that 90 does not require manual entry of multiple letters, numbers, or 91 symbols, except to activate, deactivate, or initiate a feature 92 or function. 93 6. Conducting wireless interpersonal communication that 94 does not require reading text messages, except to activate, 95 deactivate, or initiate a feature or function. 96 7. Operating an autonomous vehicle, as defined in s. 97 316.003(3), with the automated driving system engaged. 98 8. Sitting in a motor vehicle that is stationary, with the 99 engine stopped, and the ignition off. 100 (4)(a) Except as provided in paragraph (c), any person who 101 violates paragraph (3)(a) commits a noncriminal traffic 102 infraction, punishable as a nonmoving violation as provided in 103 chapter 318. 104 (b) Except as provided in paragraph (c), any person who 105 commits a second or subsequent violation of paragraph (3)(a) 106 within 5 years after the date of a prior conviction for a 107 violation of paragraph (3)(a) commits a noncriminal traffic 108 infraction, punishable as a moving violation as provided in 109 chapter 318. 110 (c) Any person who engages in an activity prohibited under 111 paragraph (3)(a) which results in a crash commits a noncriminal 112 traffic infraction, punishable as a moving violation as provided 113 in chapter 318, and 6 points must be assessed against his or her 114 driver license as set forth in s. 322.27(3)(d)3. For a first 115 offense under this section resulting in a crash, in lieu of any 116 penalty specified in s. 318.18 and the assessment of points, 117 such person may elect to participate in a wireless 118 communications device driver safety program approved by the 119 department. Upon completion of such program, the penalty 120 specified in s. 318.18, associated costs, and the assessment of 121 points must be waived by the clerk of the court. 122 (d) The clerk of the court may dismiss the case and assess 123 court costs in accordance with s. 318.18(11)(a) for a nonmoving 124 traffic infraction for a person who is cited for a first-time 125 violation of paragraph (3)(a) if the person provides to the 126 clerk proof of purchase of equipment that enables his or her 127 personal wireless communications device to be used in a hands 128 free manner. 129 Section 3. This act shall take effect July 1, 2024.