| 1 | A bill to be entitled |
| 2 | An act relating to use of wireless communications devices |
| 3 | while driving; creating s. 316.305, F.S.; creating the |
| 4 | "Florida Ban on Texting While Driving Law"; providing |
| 5 | legislative intent; prohibiting the operation of a motor |
| 6 | vehicle while using a wireless communications device for |
| 7 | certain purposes; providing a definition; providing |
| 8 | exceptions; specifying information admissible as evidence |
| 9 | of a violation; providing penalties; providing for |
| 10 | enforcement as a secondary action; amending s. 322.27, |
| 11 | F.S.; providing for points to be assessed against a |
| 12 | driver's license for the unlawful use of a wireless |
| 13 | communications device resulting in a crash; providing an |
| 14 | effective date. |
| 15 |
|
| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
|
| 18 | Section 1. Section 316.305, Florida Statutes, is created |
| 19 | to read: |
| 20 | 316.305 Wireless communications devices; prohibition.- |
| 21 | (1) This section may be cited as the "Florida Ban on |
| 22 | Texting While Driving Law." |
| 23 | (2) It is the intent of the Legislature to: |
| 24 | (a) Improve roadway safety for all vehicle operators, |
| 25 | vehicle passengers, bicyclists, pedestrians, and other road |
| 26 | users. |
| 27 | (b) Prevent crashes related to the act of text messaging |
| 28 | while driving a motor vehicle. |
| 29 | (c) Reduce injuries, deaths, property damage, health care |
| 30 | costs, health insurance rates, and automobile insurance rates |
| 31 | related to motor vehicle crashes. |
| 32 | (d) Authorize law enforcement officers to stop motor |
| 33 | vehicles and issue citations to persons texting while driving as |
| 34 | a secondary offense. |
| 35 | (3)(a) A person shall not operate a motor vehicle while |
| 36 | manually typing or entering multiple letters, numbers, symbols, |
| 37 | or other characters into a wireless communications device or |
| 38 | while sending or reading data in such a device for the purpose |
| 39 | of nonvoice interpersonal communication, including, but not |
| 40 | limited to, communication methods known as texting, e-mailing, |
| 41 | and instant messaging. As used in this section, the term |
| 42 | "wireless communications device" means any device that is |
| 43 | designed or intended to receive or transmit text or character- |
| 44 | based messages, access or store data, or connect to the Internet |
| 45 | or any communications service as defined in s. 812.15 and that |
| 46 | allows text communications. For purposes of this section, a |
| 47 | motor vehicle that is legally parked is not being operated and |
| 48 | is not subject to the prohibition in this paragraph. |
| 49 | (b) This subsection does not apply to a motor vehicle |
| 50 | operator who is: |
| 51 | 1. Performing official duties as an operator of an |
| 52 | authorized emergency vehicle as defined in s. 322.01, a law |
| 53 | enforcement or fire service professional, or an emergency |
| 54 | medical services professional. |
| 55 | 2. Reporting an emergency or criminal or suspicious |
| 56 | activity to law enforcement authorities. |
| 57 | 3. Receiving messages that are: |
| 58 | a. Related to the operation or navigation of the motor |
| 59 | vehicle; |
| 60 | b. Safety-related information, including emergency, |
| 61 | traffic, or weather alerts; |
| 62 | c. Data used primarily by the motor vehicle; or |
| 63 | d. Radio broadcasts. |
| 64 | 4. Using a device or system for navigation purposes. |
| 65 | 5. Conducting wireless interpersonal communication that |
| 66 | does not require manual entry of multiple letters, numbers, or |
| 67 | symbols or reading text messages, except to activate, |
| 68 | deactivate, or initiate a feature or function. |
| 69 | (c) A user's billing records for a wireless communications |
| 70 | device or the testimony of or written statements from |
| 71 | appropriate authorities receiving such messages may be |
| 72 | admissible as evidence in any proceeding to determine whether a |
| 73 | violation of this section has been committed. |
| 74 | (4)(a) Any person who violates subsection (3) commits a |
| 75 | noncriminal traffic infraction, punishable as a nonmoving |
| 76 | violation as provided in chapter 318. |
| 77 | (b) Any person who commits a second or subsequent |
| 78 | violation of subsection (3) within 5 years after the date of a |
| 79 | prior conviction for a violation of subsection (3) commits a |
| 80 | noncriminal traffic infraction, punishable as a moving violation |
| 81 | as provided in chapter 318. |
| 82 | (5) Enforcement of this section by state or local law |
| 83 | enforcement agencies must be accomplished only as a secondary |
| 84 | action when an operator of a motor vehicle has been detained for |
| 85 | a suspected violation of another section of this chapter, |
| 86 | chapter 320, or chapter 322. |
| 87 | Section 2. Paragraph (d) of subsection (3) of section |
| 88 | 322.27, Florida Statutes, is amended to read: |
| 89 | 322.27 Authority of department to suspend or revoke |
| 90 | license.- |
| 91 | (3) There is established a point system for evaluation of |
| 92 | convictions of violations of motor vehicle laws or ordinances, |
| 93 | and violations of applicable provisions of s. 403.413(6)(b) when |
| 94 | such violations involve the use of motor vehicles, for the |
| 95 | determination of the continuing qualification of any person to |
| 96 | operate a motor vehicle. The department is authorized to suspend |
| 97 | the license of any person upon showing of its records or other |
| 98 | good and sufficient evidence that the licensee has been |
| 99 | convicted of violation of motor vehicle laws or ordinances, or |
| 100 | applicable provisions of s. 403.413(6)(b), amounting to 12 or |
| 101 | more points as determined by the point system. The suspension |
| 102 | shall be for a period of not more than 1 year. |
| 103 | (d) The point system shall have as its basic element a |
| 104 | graduated scale of points assigning relative values to |
| 105 | convictions of the following violations: |
| 106 | 1. Reckless driving, willful and wanton-4 points. |
| 107 | 2. Leaving the scene of a crash resulting in property |
| 108 | damage of more than $50-6 points. |
| 109 | 3. Unlawful speed, or unlawful use of a wireless |
| 110 | communications device, resulting in a crash-6 points. |
| 111 | 4. Passing a stopped school bus-4 points. |
| 112 | 5. Unlawful speed: |
| 113 | a. Not in excess of 15 miles per hour of lawful or posted |
| 114 | speed-3 points. |
| 115 | b. In excess of 15 miles per hour of lawful or posted |
| 116 | speed-4 points. |
| 117 | 6. A violation of a traffic control signal device as |
| 118 | provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points. |
| 119 | However, no points shall be imposed for a violation of s. |
| 120 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 121 | stop at a traffic signal and when enforced by a traffic |
| 122 | infraction enforcement officer. In addition, a violation of s. |
| 123 | 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to |
| 124 | stop at a traffic signal and when enforced by a traffic |
| 125 | infraction enforcement officer may not be used for purposes of |
| 126 | setting motor vehicle insurance rates. |
| 127 | 7. All other moving violations (including parking on a |
| 128 | highway outside the limits of a municipality)-3 points. However, |
| 129 | no points shall be imposed for a violation of s. 316.0741 or s. |
| 130 | 316.2065(12); and points shall be imposed for a violation of s. |
| 131 | 316.1001 only when imposed by the court after a hearing pursuant |
| 132 | to s. 318.14(5). |
| 133 | 8. Any moving violation covered in this paragraph above, |
| 134 | excluding unlawful speed and unlawful use of a wireless |
| 135 | communications device, resulting in a crash-4 points. |
| 136 | 9. Any conviction under s. 403.413(6)(b)-3 points. |
| 137 | 10. Any conviction under s. 316.0775(2)-4 points. |
| 138 | Section 3. This act shall take effect October 1, 2011. |