Florida Senate - 2018 CS for SB 90
By the Committee on Communications, Energy, and Public
Utilities; and Senators Perry, Garcia, Mayfield, Rodriguez, and
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 providing an effective date.
17 Be It Enacted by the Legislature of the State of Florida:
19 Section 1. Paragraph (d) of subsection (2) and subsection
20 (5) of section 316.305, Florida Statutes, are amended, and
21 subsection (6) is added to that section, to read:
22 316.305 Wireless communications devices; prohibition.—
23 (2) It is the intent of the Legislature to:
24 (d) Authorize law enforcement officers to stop motor
25 vehicles and issue citations
as a secondary offense to persons
26 who are texting while driving.
27 (5) Notwithstanding s. 318.21, all proceeds collected
28 pursuant to s. 318.18 for a violation of this section shall be
29 remitted to the Department of Revenue for deposit into the
30 Emergency Medical Services Trust Fund of the Department of
31 Health Enforcement of this section by state or local law
32 enforcement agencies must be accomplished only as a secondary
33 action when an operator of a motor vehicle has been detained for
34 a suspected violation of another provision of this chapter,
35 chapter 320, or chapter 322.
36 (6) A law enforcement officer shall inform a person who is
37 stopped for texting while driving of the person’s right to
38 decline a search of his or her wireless communications device.
39 Section 2. This act shall take effect October 1, 2018.