Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 90
Ì418368MÎ418368
576-02392-18
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Transportation, Tourism, and
Economic Development)
1 A bill to be entitled
2 An act relating to the use of wireless communications
3 devices while driving; amending s. 316.305, F.S.;
4 revising the legislative intent relating to the
5 authorization of law enforcement officers to stop
6 motor vehicles and issue citations to persons who are
7 texting while driving; requiring deposit of fines into
8 the Emergency Medical Services Trust Fund; deleting a
9 provision requiring that enforcement of the Florida
10 Ban on Texting While Driving Law be accomplished only
11 as a secondary action; requiring a law enforcement
12 officer to inform a person who is stopped for texting
13 while driving of the person’s right to decline a
14 search of his or her wireless communications device;
15 requiring a law enforcement officer to record the race
16 and ethnicity of a violator when issuing a citation
17 for a violation of this section; requiring all law
18 enforcement agencies to maintain such information and
19 forward the information to the Department of Highway
20 Safety and Motor Vehicles in a form and manner
21 determined by the department; beginning on a specified
22 date, requiring the department to annually report the
23 data to the Governor and Legislature; providing
24 requirements for the report; providing an effective
25 date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (d) of subsection (2) and subsection
30 (5) of section 316.305, Florida Statutes, are amended, and
31 subsections (6) and (7) are added to that section, to read:
32 316.305 Wireless communications devices; prohibition.—
33 (2) It is the intent of the Legislature to:
34 (d) Authorize law enforcement officers to stop motor
35 vehicles and issue citations as a secondary offense to persons
36 who are texting while driving.
37 (5) Notwithstanding s. 318.21, all proceeds collected
38 pursuant to s. 318.18 for a violation of this section shall be
39 remitted to the Department of Revenue for deposit into the
40 Emergency Medical Services Trust Fund of the Department of
41 Health Enforcement of this section by state or local law
42 enforcement agencies must be accomplished only as a secondary
43 action when an operator of a motor vehicle has been detained for
44 a suspected violation of another provision of this chapter,
45 chapter 320, or chapter 322.
46 (6) A law enforcement officer shall inform a person who is
47 stopped for texting while driving of the person’s right to
48 decline a search of his or her wireless communications device.
49 (7) When a law enforcement officer issues a citation for a
50 violation of this section, the law enforcement officer must
51 record the race and ethnicity of the violator. All law
52 enforcement agencies must maintain such information and report
53 the information to the department in a form and manner
54 determined by the department. Beginning February 1, 2019, the
55 department shall annually report the data collected under this
56 subsection to the Governor, the President of the Senate, and the
57 Speaker of the House of Representatives. The data collected must
58 be reported at least by statewide totals for local law
59 enforcement agencies, state law enforcement agencies, and state
60 university law enforcement agencies. The statewide total for
61 local law enforcement agencies shall combine the data for the
62 county sheriffs and the municipal law enforcement agencies.
63 Section 2. This act shall take effect October 1, 2018.