Florida Senate - 2024                                    SB 1408
       
       
        
       By Senator Davis
       
       
       
       
       
       5-00622A-24                                           20241408__
    1                        A bill to be entitled                      
    2         An act relating to the prevention of distracted
    3         driving; providing a short title; amending s. 316.305,
    4         F.S.; revising a short title; prohibiting the
    5         operation of a motor vehicle or commercial motor
    6         vehicle in this state while performing certain
    7         actions; defining the term “stand-alone electronic
    8         device”; revising exceptions; revising penalties;
    9         providing that persons who commit a specified
   10         violation that results in a crash may elect, in lieu
   11         of certain penalties, to participate in a certain
   12         driver safety program; authorizing the clerk of the
   13         court to waive fines, court costs, and points upon
   14         completion of such program by such persons;
   15         authorizing the clerk of the court to dismiss a case
   16         and assess court costs for specified nonmoving
   17         violations upon the clerk being provided proof of a
   18         certain purchase; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. This act may be cited as the “Anthony Branca and
   23  Anita Neal Act.”
   24         Section 2. Subsection (1), paragraphs (a) and (b) of
   25  subsection (3), and subsection (4) of section 316.305, Florida
   26  Statutes, are amended to read:
   27         316.305 Wireless communications devices and stand-alone
   28  electronic devices; prohibition.—
   29         (1) This section may be cited as the “Florida Ban on
   30  Distracted Texting While Driving Law.”
   31         (3)(a) A person may not do any of the following while
   32  operating a motor vehicle or commercial motor vehicle on any
   33  roadway, street, or highway in this state:
   34         1.Manually type or enter operate a motor vehicle while
   35  manually typing or entering multiple letters, numbers, symbols,
   36  or other characters into a wireless communications device or
   37  stand-alone electronic device or send or read while sending or
   38  reading data on such a device for the purpose of nonvoice
   39  interpersonal communication, including, but not limited to,
   40  communication methods known as texting, e-mailing, and instant
   41  messaging. As used in this subsection section, the term:
   42         a. “Stand-alone electronic device” means a device other
   43  than a wireless communications device which stores audio or
   44  video data files to be retrieved on demand by a user.
   45         b. “Wireless communications device” means any handheld
   46  device used or capable of being used in a handheld manner, that
   47  is designed or intended to receive or transmit text or
   48  character-based messages, access or store data, or connect to
   49  the Internet or any communications service as defined in s.
   50  812.15 and that allows text communications. For the purposes of
   51  this paragraph, a motor vehicle that is stationary is not being
   52  operated and is not subject to the prohibition in this
   53  paragraph.
   54         2.Physically support or hold with any part of his or her
   55  body a wireless communications device or stand-alone electronic
   56  device. This subparagraph does not prohibit the use of an
   57  earpiece, a headphone device, or a device worn on a wrist to
   58  conduct voice-based communication.
   59         3.Watch a video or movie on a wireless communications
   60  device or stand-alone electronic device.
   61         4.Record or broadcast a video on a wireless communications
   62  device or stand-alone electronic device. This section does not
   63  prohibit the use of electronic devices for the sole purpose of
   64  passively and continuously recording or broadcasting video
   65  within or outside the motor vehicle.
   66         5.Use more than a single button on a wireless
   67  communications device to initiate or terminate a voice
   68  communication.
   69         6.Reach for a wireless communications device or stand
   70  alone electronic device in a manner that would require the
   71  driver to unfasten a safety belt or raise up from a seated
   72  driving position.
   73         (b) Paragraph (a) does not apply to a motor vehicle
   74  operator who is:
   75         1. Performing official duties as an operator of an
   76  authorized emergency vehicle as defined in s. 322.01, a law
   77  enforcement or fire service professional, or an emergency
   78  medical services professional.
   79         2. Reporting an emergency or criminal or suspicious
   80  activity to law enforcement authorities.
   81         3. Receiving messages that are:
   82         a. Related to the operation or navigation of the motor
   83  vehicle;
   84         b. Safety-related information, including emergency,
   85  traffic, or weather alerts;
   86         c. Data used primarily by the motor vehicle; or
   87         d. Radio broadcasts.
   88         4. Using a device or system for navigation purposes.
   89         5. Conducting wireless interpersonal communication that
   90  does not require manual entry of multiple letters, numbers, or
   91  symbols, except to activate, deactivate, or initiate a feature
   92  or function.
   93         6. Conducting wireless interpersonal communication that
   94  does not require reading text messages, except to activate,
   95  deactivate, or initiate a feature or function.
   96         7. Operating an autonomous vehicle, as defined in s.
   97  316.003(3), with the automated driving system engaged.
   98         8.Sitting in a motor vehicle that is stationary, with the
   99  engine stopped, and the ignition off.
  100         (4)(a) Except as provided in paragraph (c), any person who
  101  violates paragraph (3)(a) commits a noncriminal traffic
  102  infraction, punishable as a nonmoving violation as provided in
  103  chapter 318.
  104         (b) Except as provided in paragraph (c), any person who
  105  commits a second or subsequent violation of paragraph (3)(a)
  106  within 5 years after the date of a prior conviction for a
  107  violation of paragraph (3)(a) commits a noncriminal traffic
  108  infraction, punishable as a moving violation as provided in
  109  chapter 318.
  110         (c)Any person who engages in an activity prohibited under
  111  paragraph (3)(a) which results in a crash commits a noncriminal
  112  traffic infraction, punishable as a moving violation as provided
  113  in chapter 318, and 6 points must be assessed against his or her
  114  driver license as set forth in s. 322.27(3)(d)3. For a first
  115  offense under this section resulting in a crash, in lieu of any
  116  penalty specified in s. 318.18 and the assessment of points,
  117  such person may elect to participate in a wireless
  118  communications device driver safety program approved by the
  119  department. Upon completion of such program, the penalty
  120  specified in s. 318.18, associated costs, and the assessment of
  121  points must be waived by the clerk of the court.
  122         (d)The clerk of the court may dismiss the case and assess
  123  court costs in accordance with s. 318.18(11)(a) for a nonmoving
  124  traffic infraction for a person who is cited for a first-time
  125  violation of paragraph (3)(a) if the person provides to the
  126  clerk proof of purchase of equipment that enables his or her
  127  personal wireless communications device to be used in a hands
  128  free manner.
  129         Section 3. This act shall take effect July 1, 2024.