Florida Senate - 2019          CS for CS for CS for CS for SB 76
       
       
        
       By the Committees on Rules; Judiciary; Innovation, Industry, and
       Technology; and Infrastructure and Security; and Senators
       Simpson, Passidomo, Hooper, Mayfield, Book, Rouson, Berman,
       Perry, Taddeo, and Cruz
       
       
       595-04577-19                                            201976c4
    1                        A bill to be entitled                      
    2         An act relating to driving while using a wireless
    3         communications device; amending s. 316.305, F.S.;
    4         revising a short title; redefining the term “wireless
    5         communications device”; revising legislative intent;
    6         prohibiting a person from operating a motor vehicle
    7         while using a wireless communications device;
    8         authorizing a law enforcement officer during a
    9         specified period to stop motor vehicles to issue
   10         warnings to persons who are driving while using a
   11         wireless communications device; providing for repeal
   12         of that authorization; authorizing a law enforcement
   13         officer, on and after a specified date, to stop motor
   14         vehicles and issue citations to persons who are
   15         driving while using a wireless communications device;
   16         revising exceptions to such prohibition; providing
   17         that a user’s billing records for a wireless
   18         communications device or the testimony of or written
   19         statements from certain authorities are admissible as
   20         evidence in crashes involving serious bodily injury;
   21         requiring that law enforcement officers indicate
   22         specified information in the uniform traffic citation;
   23         providing penalties for driving while using a wireless
   24         communications device; authorizing first-time
   25         offenders to participate in a wireless communications
   26         device driving safety program, in lieu of the
   27         imposition of penalties; authorizing a clerk of the
   28         court to dismiss a case and assess court costs under
   29         certain circumstances; requiring the deposit of fines
   30         into the Emergency Medical Services Trust Fund of the
   31         Department of Health; deleting a provision requiring
   32         that enforcement be accomplished only as a secondary
   33         action; requiring law enforcement officers to record
   34         the race and ethnicity of violators when issuing a
   35         citation for a violation of this section; requiring
   36         all law enforcement agencies to maintain such
   37         information and report it to the Department of Highway
   38         Safety and Motor Vehicles in a form and manner
   39         determined by the department; beginning on a specified
   40         date, requiring the department to annually report the
   41         data to the Governor and Legislature; providing
   42         requirements for the report; authorizing the
   43         department, in consultation with the Department of
   44         Transportation, to implement a statewide campaign to
   45         raise awareness of and encourage compliance with the
   46         prohibition on operating a motor vehicle while using a
   47         wireless communications device; authorizing the
   48         department to use certain messaging to implement the
   49         campaign; authorizing the department to contract with
   50         certain entities for certain purposes; providing
   51         effective dates.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Effective October 1, 2019, section 316.305,
   56  Florida Statutes, is amended to read:
   57         316.305 Wireless communications devices; prohibition.—
   58         (1) This section may be cited as the “Florida Hands-Free
   59  Ban on Texting While Driving Law.”
   60         (2) For purposes of this section, the term “wireless
   61  communications device” means any handheld device that is
   62  designed or intended to allow two-way voice communication, to
   63  receive or transmit text-based or character-based messages, to
   64  record or view images, to access or store data, or to connect to
   65  the Internet or to any communications service, as defined in s.
   66  812.15, or that allows text communications. The term includes,
   67  but is not limited to, a cell phone, a tablet, a laptop, a two
   68  way messaging device, or an electronic game that is used or
   69  capable of being used in a handheld manner. The term does not
   70  include a safety, security, or convenience feature built into a
   71  motor vehicle which does not require the use of a handheld
   72  device.
   73         (3)(2) It is the intent of the Legislature to:
   74         (a) Improve roadway safety for all vehicle operators,
   75  vehicle passengers, bicyclists, pedestrians, and other road
   76  users.
   77         (b) Prevent crashes related to the act of driving while
   78  using a wireless communications device when operating text
   79  messaging while driving a motor vehicle while the vehicle is in
   80  motion.
   81         (c) Reduce injuries, deaths, property damage, health care
   82  costs, health insurance rates, and automobile insurance rates
   83  related to motor vehicle crashes.
   84         (d) Authorize law enforcement officers to stop motor
   85  vehicles and issue citations as a secondary offense to persons
   86  who are texting while driving while using a wireless
   87  communications device as provided in subsection (4).
   88         (4)(3)(a)1. A person may not operate a motor vehicle while
   89  using a wireless communications device while manually typing or
   90  entering multiple letters, numbers, symbols, or other characters
   91  into a wireless communications device or while sending or
   92  reading data on such a device for the purpose of nonvoice
   93  interpersonal communication, including, but not limited to,
   94  communication methods known as texting, e-mailing, and instant
   95  messaging. As used in this section, the term “wireless
   96  communications device” means any handheld device used or capable
   97  of being used in a handheld manner, that is designed or intended
   98  to receive or transmit text or character-based messages, access
   99  or store data, or connect to the Internet or any communications
  100  service as defined in s. 812.15 and that allows text
  101  communications. For the purposes of this paragraph, a motor
  102  vehicle that is stationary is not being operated and is not
  103  subject to the prohibition in this paragraph.
  104         2.a. During the period from October 1, 2019, through
  105  December 31, 2019, a law enforcement officer may stop motor
  106  vehicles to issue verbal or written warnings to persons who are
  107  driving while using a wireless communications device for the
  108  purposes of informing and educating such persons of this
  109  section. This sub-subparagraph shall stand repealed on October
  110  1, 2020.
  111         b. Effective January 1, 2020, a law enforcement officer may
  112  stop motor vehicles and issue citations to persons who are
  113  driving while using a wireless communications device.
  114         (b) Paragraph (a) does not apply to a motor vehicle
  115  operator who is:
  116         1. Performing official duties as an operator of an
  117  authorized emergency vehicle as defined in s. 322.01, a law
  118  enforcement or fire service professional, or an emergency
  119  medical services professional.
  120         2. Reporting an emergency or criminal or suspicious
  121  activity to law enforcement authorities.
  122         3. Receiving messages that are:
  123         a. Related to the operation or navigation of the motor
  124  vehicle;
  125         b. Safety-related information, including emergency,
  126  traffic, or weather alerts;
  127         c. Data used primarily by the motor vehicle; or
  128         d. Radio broadcasts.
  129         4. Using a device or system in a hands-free manner for
  130  navigation purposes.
  131         5. Using a wireless communications device hands-free or
  132  hands-free in voice-operated mode, including, but not limited
  133  to, a factory-installed or after-market Bluetooth device
  134  Conducting wireless interpersonal communication that does not
  135  require manual entry of multiple letters, numbers, or symbols,
  136  except to activate, deactivate, or initiate a feature or
  137  function.
  138         6. Conducting wireless interpersonal communication that
  139  does not require reading text messages, except to activate,
  140  deactivate, or initiate a feature or function.
  141         6.7. Operating an autonomous vehicle, as defined in s.
  142  316.003, in autonomous mode.
  143         (c) Only in the event of a crash resulting in death or
  144  serious bodily injury, as defined in s. 316.027 personal injury,
  145  a user’s billing records for a wireless communications device or
  146  the testimony of or written statements from appropriate
  147  authorities receiving such messages may be admissible as
  148  evidence in any proceeding to determine whether a violation of
  149  subparagraph (a)1. paragraph (a) has been committed.
  150         (d) Law enforcement officers must indicate the type of
  151  wireless communications device in the comment section of the
  152  uniform traffic citation.
  153         (5)(4)(a) Any person who violates this section commits a
  154  noncriminal traffic infraction, punishable as a moving
  155  violation, as provided in chapter 318, and shall have 3 points
  156  assessed against his or her driver license as set forth in s.
  157  322.27(3)(d)7. For a first offense under this section, in lieu
  158  of the penalty specified in s. 318.18 and the assessment of
  159  points, a person who violates this section may elect to
  160  participate in a wireless communications device driving safety
  161  program approved by the Department of Highway Safety and Motor
  162  Vehicles. Upon completion of such program, the penalty specified
  163  in s. 318.18 and associated costs may be waived by the clerk of
  164  the court and the assessment of points must be waived Any person
  165  who violates paragraph (3)(a) commits a noncriminal traffic
  166  infraction, punishable as a nonmoving violation as provided in
  167  chapter 318.
  168         (b) The clerk of the court may dismiss a case and assess
  169  court costs in accordance with s. 318.18(11)(a) for a nonmoving
  170  traffic infraction for a person who is cited for a first time
  171  violation of this section if the person shows the clerk proof of
  172  purchase of equipment that enables his or her personal wireless
  173  communications device to be used in a hands-free manner Any
  174  person who commits a second or subsequent violation of paragraph
  175  (3)(a) within 5 years after the date of a prior conviction for a
  176  violation of paragraph (3)(a) commits a noncriminal traffic
  177  infraction, punishable as a moving violation as provided in
  178  chapter 318.
  179         (6)(5)Notwithstanding s. 318.21, all proceeds collected
  180  pursuant to s. 318.18 for violations of this section must be
  181  remitted to the Department of Revenue for deposit into the
  182  Emergency Medical Services Trust Fund of the Department of
  183  Health Enforcement of this section by state or local law
  184  enforcement agencies must be accomplished only as a secondary
  185  action when an operator of a motor vehicle has been detained for
  186  a suspected violation of another provision of this chapter,
  187  chapter 320, or chapter 322.
  188         (7) When a law enforcement officer issues a citation for a
  189  violation of this section, the law enforcement officer must
  190  record the race and ethnicity of the violator. All law
  191  enforcement agencies must maintain such information and must
  192  report such information to the department in a form and manner
  193  determined by the department. Beginning February 1, 2020, the
  194  department shall annually report the data collected under this
  195  subsection to the Governor, the President of the Senate, and the
  196  Speaker of the House of Representatives. The data collected must
  197  be reported at least by statewide totals for local law
  198  enforcement agencies, state law enforcement agencies, and state
  199  university law enforcement agencies. The statewide total for
  200  local law enforcement agencies must combine the data for the
  201  county sheriffs and the municipal law enforcement agencies.
  202         Section 2. (1) The Department of Highway Safety and Motor
  203  Vehicles, in consultation with the Department of Transportation,
  204  may implement a statewide campaign to raise awareness of and
  205  encourage compliance with s. 316.305, Florida Statutes. The
  206  Department of Highway Safety and Motor Vehicles may use
  207  television messaging, radio broadcasts, print media, digital
  208  strategies, social media, and any other form of messaging deemed
  209  necessary and appropriate by the department to implement the
  210  campaign.
  211         (2) The Department of Highway Safety and Motor Vehicles may
  212  contract with counties, local law enforcement agencies, safety
  213  councils, and public schools to assist with planning and
  214  conducting the statewide campaign.
  215         Section 3. Except as otherwise expressly provided in this
  216  act, this act shall take effect July 1, 2019.