Bill Text: FL S0076 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 76 By the Committee on Infrastructure and Security; and Senators Simpson, Passidomo, Hooper, Mayfield, Book, Rouson, Berman, Perry, Taddeo, and Cruz 596-02505-19 201976c1 1 A bill to be entitled 2 An act relating to driving while distracted; amending 3 s. 316.305, F.S.; revising the short title; defining 4 the term “driving while distracted”; redefining the 5 term “wireless communications device”; revising 6 legislative intent; prohibiting a person from 7 operating a motor vehicle when driving while 8 distracted; authorizing a law enforcement officer 9 during a specified period to stop motor vehicles to 10 issue warnings to persons who are driving while 11 distracted; providing for repeal of a provision; 12 authorizing a law enforcement officer, after a 13 specified date, to stop motor vehicles and issue 14 citations to persons who are driving while distracted; 15 revising exceptions to such prohibition; revising 16 crash results for which a user’s billing records for a 17 wireless communications device or the testimony of or 18 written statements from certain authorities are 19 admissible as evidence; requiring that law enforcement 20 officers indicate specified information in the uniform 21 traffic citation; providing penalties for driving 22 while distracted; authorizing participation in a 23 distracted driving safety program for a first offense, 24 in lieu of specified penalties; authorizing a clerk of 25 the court to dismiss a case and assess court costs 26 under certain circumstances; requiring the deposit of 27 fines into the Emergency Medical Services Trust Fund; 28 deleting a provision requiring that enforcement of 29 this section be accomplished only as a secondary 30 action; authorizing the Department of Highway Safety 31 and Motor Vehicles, in consultation with the 32 Department of Transportation, to implement a statewide 33 campaign to raise awareness and prevent drivers from 34 driving while distracted; authorizing the department 35 to use certain messaging to implement the campaign; 36 authorizing the department to contract with certain 37 entities for certain purposes; providing contract 38 authority; providing effective dates. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Effective October 1, 2019, section 316.305, 43 Florida Statutes, is amended to read: 44 316.305 Driving while distractedWireless communications45devices; prohibition.— 46 (1) This section may be cited as the “Florida DrivingBan47on TextingWhile DistractedDrivingLaw.” 48 (2) For purposes of this section, the term: 49 (a) “Driving while distracted” means the inattentive 50 operation of a motor vehicle. Inattentive or distracted driving 51 conduct includes reading, writing, performing personal grooming, 52 applying a beauty aid or similar products, interacting with pets 53 or unsecured cargo, using a personal wireless communications 54 device, or engaging in any other activity, conduct, task, or 55 action that causes distraction. 56 (b) “Wireless communications device” means any handheld 57 device that is designed or intended to receive or transmit text- 58 or character-based messages, to record or view images, to access 59 or store data, or to connect to the Internet or any 60 communications service, as defined in s. 812.15, or which allows 61 text communications. The term includes, but is not limited to, a 62 cell phone, a tablet, a laptop, a two-way messaging device, or 63 an electronic game that is used or capable of being used in a 64 handheld manner. The term does not include a safety, security, 65 or convenience feature built into a motor vehicle which does not 66 require the use of a handheld device. 67 (3)(2)It is the intent of the Legislature to: 68 (a) Improve roadway safety for all vehicle operators, 69 vehicle passengers, bicyclists, pedestrians, and other road 70 users. 71 (b) Prevent crashes related to the act of driving while 72 distracted when operatingtext messaging while drivinga motor 73 vehicle. 74 (c) Reduce injuries, deaths, property damage, health care 75 costs, health insurance rates, and automobile insurance rates 76 related to motor vehicle crashes. 77 (d) Authorize law enforcement officers to stop motor 78 vehicles and issue citationsas a secondary offenseto persons 79 who aretexting whiledriving while distracted as provided in 80 subsection (4). 81 (4)(3)(a)1. A person may not operate a motor vehicle when 82 driving while distractedwhile manually typing or entering83multiple letters, numbers, symbols, or other characters into a84wireless communications device or while sending or reading data85on such a device for the purpose of nonvoice interpersonal86communication, including, but not limited to, communication87methods known as texting, e-mailing, and instant messaging. As88used in this section, the term “wireless communications device”89means any handheld device used or capable of being used in a90handheld manner, that is designed or intended to receive or91transmit text or character-based messages, access or store data,92or connect to the Internet or any communications service as93defined in s. 812.15 and that allows text communications. For 94 the purposes of this paragraph, a motor vehicle that is 95 stationary is not being operated and is not subject to the 96 prohibition in this paragraph. 97 2.a. During the period of October 1, 2019, through December 98 31, 2019, a law enforcement officer may stop motor vehicles to 99 issue verbal or written warnings to persons who are driving 100 while distracted for the purposes of informing and educating 101 such persons. This sub-subparagraph shall stand repealed on 102 October 1, 2020. 103 b. After December 31, 2019, a law enforcement officer may 104 stop motor vehicles and issue citations to persons who are 105 driving while distracted. 106 (b) Paragraph (a) does not apply to a motor vehicle 107 operator who is: 108 1. Performing official duties as an operator of an 109 authorized emergency vehicle as defined in s. 322.01, a law 110 enforcement or fire service professional, or an emergency 111 medical services professional. 112 2. Reporting an emergency or criminal or suspicious 113 activity to law enforcement authorities. 114 3. Receiving messages that are: 115 a. Related to the operation or navigation of the motor 116 vehicle; 117 b. Safety-related information, including emergency, 118 traffic, or weather alerts; 119 c. Data used primarily by the motor vehicle; or 120 d. Radio broadcasts. 121 4. Using a device or system in a hands-free manner for 122 navigation purposes. 123 5. Using a wireless communications device hands-free or 124 hands-free in voice-operated mode, including, but not limited 125 to, a factory-installed or after-market Bluetooth device 126Conducting wireless interpersonal communication that does not127require manual entry of multiple letters, numbers, or symbols,128except to activate, deactivate, or initiate a feature or129function. 1306. Conducting wireless interpersonal communication that131does not require reading text messages, except to activate,132deactivate, or initiate a feature or function.133 6.7.Operating an autonomous vehicle, as defined in s. 134 316.003, in autonomous mode. 135 (c) Only in the event of a crash resulting in death or 136 serious bodily injury, as defined in s. 316.027personal injury, 137 a user’s billing records for a wireless communications device or 138 the testimony of or written statements from appropriate 139 authorities receiving such messages may be admissible as 140 evidence in any proceeding to determine whether a violation of 141 paragraph (a) has been committed. 142 (d) Law enforcement officers must indicate the type of 143 distraction in the comment section of the uniform traffic 144 citation. 145 (5)(4)(a) Any person who violates this section commits a 146 noncriminal traffic infraction, punishable as a moving 147 violation, as provided in chapter 318, and shall have 3 points 148 assessed against his or her driver license as set forth in s. 149 322.27. For a first offense under this section, in lieu of the 150 penalty specified in s. 318.18 and the assessment of points, a 151 person who violates this section may elect to participate in a 152 distracted driving safety program approved by the Department of 153 Highway Safety and Motor Vehicles. Upon completion of such 154 program, the penalty specified in s. 318.18 and associated costs 155 may be waived by the clerk of the court and the assessment of 156 points must be waivedAny person who violates paragraph (3)(a)157commits a noncriminal traffic infraction, punishable as a158nonmoving violation as provided in chapter 318. 159 (b) The clerk of the court may dismiss a case and assess 160 court costs in accordance with s. 318.18(11)(a) for a nonmoving 161 traffic infraction for a person who is cited for a first time 162 violation of this section if the inattentive or distracted 163 driving conduct resulting in the violation is for the use of a 164 personal wireless communications device and the person shows the 165 clerk proof of purchase of equipment that enables his or her 166 personal wireless communications device to be used in a hands 167 free mannerAny person who commits a second or subsequent168violation of paragraph (3)(a) within 5 years after the date of a169prior conviction for a violation of paragraph (3)(a) commits a170noncriminal traffic infraction, punishable as a moving violation171as provided in chapter 318. 172 (6)(5)Notwithstanding s. 318.21, all proceeds collected 173 pursuant to s. 318.18 for violations of this section must be 174 remitted to the Department of Revenue for deposit into the 175 Emergency Medical Services Trust Fund of the Department of 176 HealthEnforcement of this section by state or local law177enforcement agencies must be accomplished only as a secondary178action when an operator of a motor vehicle has been detained for179a suspected violation of another provision of this chapter,180chapter 320, or chapter 322. 181 Section 2. (1) The Department of Highway Safety and Motor 182 Vehicles, in consultation with the Department of Transportation, 183 may implement a statewide campaign to raise awareness and 184 prevent drivers from driving while distracted. The Department of 185 Highway Safety and Motor Vehicles may use television messaging, 186 radio broadcasts, print media, digital strategies, social media, 187 and any other form of messaging deemed necessary and appropriate 188 by the department to implement the campaign. 189 (2) The Department of Highway Safety and Motor Vehicles may 190 contract with counties, local law enforcement agencies, safety 191 councils, and public schools to assist with planning and 192 conducting the statewide driving while distracted safety and 193 public awareness campaign in a manner that encourages compliance 194 with s. 316.305, Florida Statutes. 195 Section 3. Except as otherwise expressly provided in this 196 act, this act shall take effect July 1, 2019.