Florida Senate - 2024                                    SB 1664
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00669C-24                                          20241664__
    1                        A bill to be entitled                      
    2         An act relating to hands-free driving; amending s.
    3         316.305, F.S.; revising a short title; defining terms;
    4         prohibiting a person from operating a motor vehicle
    5         while using a wireless communications device in a
    6         handheld manner; providing an exception; requiring
    7         that sustained use of a wireless communications device
    8         by a person operating a motor vehicle be conducted
    9         through a hands-free accessory until such use is
   10         terminated; revising exceptions to the prohibition;
   11         removing obsolete provisions; providing penalties;
   12         making a technical change; amending s. 316.306, F.S.;
   13         revising penalty provisions relating to the use of
   14         wireless communication devices; conforming provisions
   15         to changes made by the act; making a technical change;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 316.305, Florida Statutes, is amended to
   21  read:
   22         316.305 Wireless communications devices; use in a handheld
   23  manner prohibited prohibition.—
   24         (1) This section may be cited as the “Florida Hands-Free
   25  Ban on Texting While Driving Law.”
   26         (2) It is the intent of the Legislature to:
   27         (a) Improve roadway safety for all vehicle operators,
   28  vehicle passengers, bicyclists, pedestrians, and other road
   29  users.
   30         (b) Prevent crashes related to the use of a wireless
   31  communications device in a handheld manner act of text messaging
   32  while driving a motor vehicle.
   33         (c) Reduce injuries, deaths, property damage, health care
   34  costs, health insurance rates, and automobile insurance rates
   35  related to motor vehicle crashes.
   36         (d) Authorize law enforcement officers to stop motor
   37  vehicles and issue citations to persons who are using wireless
   38  communications devices in a handheld manner texting while
   39  driving.
   40         (3)As used in this section, the term:
   41         (a)“Handheld manner” means holding a wireless
   42  communications device in one or both hands or physically
   43  supporting the device with any other part of the body.
   44         (b)“Hands-free accessory” means an attachment to or built
   45  in feature of a wireless communications device which allows the
   46  operator of a motor vehicle to engage in interpersonal
   47  communication or otherwise use such device other than in a
   48  handheld manner.
   49         (c)“Wireless communications device”:
   50         1. Means a handheld device used or capable of being used in
   51  a handheld manner to:
   52         a.Transmit or receive a voice message; initiate, receive,
   53  or maintain a telephone call; or otherwise engage in
   54  interpersonal voice communication;
   55         b.Receive or transmit text-based or character-based
   56  messages or otherwise engage in interpersonal nonvoice
   57  communication;
   58         c.Record or display videos or images;
   59         d.Enter, access, or store data; or
   60         e.Connect to the Internet or any communications service as
   61  defined in s. 812.15(1).
   62         2. Includes, but is not limited to, a cellular telephone,
   63  smartphone, tablet computer, laptop computer, two-way messaging
   64  device, electronic gaming device, or device capable of
   65  displaying videos or images. The term does not include a
   66  citizens band radio, citizens band radio hybrid, commercial two
   67  way radio communications device or its functional equivalent,
   68  subscription-based emergency communications device, prescribed
   69  medical device, amateur or ham radio device, or in-vehicle
   70  security, navigation, communications, or remote diagnostics
   71  system.
   72         (4)(a)(3)(a) A person may not operate a motor vehicle while
   73  using manually typing or entering multiple letters, numbers,
   74  symbols, or other characters into a wireless communications
   75  device in a handheld manner except to activate, deactivate,
   76  initiate, or terminate a feature or function of the device,
   77  including a hands-free accessory. Sustained use of a wireless
   78  communications device by a person operating a motor vehicle must
   79  be conducted through a hands-free accessory until such use is
   80  terminated. or while sending or reading data on such a device
   81  for the purpose of nonvoice interpersonal communication,
   82  including, but not limited to, communication methods known as
   83  texting, e-mailing, and instant messaging. As used in this
   84  section, the term “wireless communications device” means any
   85  handheld device used or capable of being used in a handheld
   86  manner, that is designed or intended to receive or transmit text
   87  or character-based messages, access or store data, or connect to
   88  the Internet or any communications service as defined in s.
   89  812.15 and that allows text communications. For the purposes of
   90  this paragraph, A motor vehicle that is stationary is not being
   91  operated and is not subject to the prohibition in this
   92  paragraph.
   93         (b) Paragraph (a) does not apply to a motor vehicle
   94  operator who is:
   95         1. Performing official duties as an operator of an
   96  authorized emergency vehicle as defined in s. 322.01, a law
   97  enforcement or fire service professional, or an emergency
   98  medical services professional.
   99         2. Reporting an emergency or criminal or suspicious
  100  activity to law enforcement authorities.
  101         3. Receiving messages that are:
  102         a. Related to the operation or navigation of the motor
  103  vehicle;
  104         b. Safety-related information, including emergency,
  105  traffic, or weather alerts;
  106         c. Data used primarily by the motor vehicle; or
  107         d. Radio broadcasts.
  108         4. Using a device or system for navigation purposes.
  109         5.Conducting wireless interpersonal communication that
  110  does not require manual entry of multiple letters, numbers, or
  111  symbols, except to activate, deactivate, or initiate a feature
  112  or function.
  113         6.Conducting wireless interpersonal communication that
  114  does not require reading text messages, except to activate,
  115  deactivate, or initiate a feature or function.
  116         7. Operating an autonomous vehicle, as defined in s.
  117  316.003(3), with the automated driving system engaged.
  118         (c) A law enforcement officer who stops a motor vehicle for
  119  a violation of paragraph (a) must inform the motor vehicle
  120  operator of his or her right to decline a search of his or her
  121  wireless communications device and may not:
  122         1. Access the wireless communications device without a
  123  warrant.
  124         2. Confiscate the wireless communications device while
  125  awaiting issuance of a warrant to access such device.
  126         3. Obtain consent from the motor vehicle operator to search
  127  his or her wireless communications device through coercion or
  128  other improper method. Consent to search a motor vehicle
  129  operator’s wireless communications device must be voluntary and
  130  unequivocal.
  131         (d) Only in the event of a crash resulting in death or
  132  personal injury, a user’s billing records for a wireless
  133  communications device or the testimony of or written statements
  134  from appropriate authorities receiving such messages may be
  135  admissible as evidence in any proceeding to determine whether a
  136  violation of paragraph (a) has been committed.
  137         (5)(a)(4)(a)A Any person who violates paragraph (4)(a)
  138  (3)(a) commits a noncriminal traffic infraction, punishable as a
  139  nonmoving violation as provided in chapter 318.
  140         (b) A Any person who commits a second or subsequent
  141  violation of paragraph (4)(a) (3)(a) within 5 years after the
  142  date of a prior conviction for a violation of paragraph (4)(a)
  143  (3)(a) commits a noncriminal traffic infraction, punishable as a
  144  moving violation as provided in chapter 318.
  145         (6)(5) When a law enforcement officer issues a citation for
  146  a violation of this section, the law enforcement officer must
  147  record the race and ethnicity of the violator. All law
  148  enforcement agencies must maintain such information and report
  149  the information to the department by April 1 annually in a form
  150  and manner determined by the department. Beginning July 1, 2023,
  151  the department shall annually report the data collected under
  152  this subsection to the Governor, the President of the Senate,
  153  and the Speaker of the House of Representatives. The data
  154  collected must be reported at least by statewide totals for
  155  local law enforcement agencies, state law enforcement agencies,
  156  and state university law enforcement agencies. The statewide
  157  total for local law enforcement agencies shall combine the data
  158  for the county sheriffs and the municipal law enforcement
  159  agencies.
  160         Section 2. Section 316.306, Florida Statutes, is amended to
  161  read:
  162         316.306 Penalties for School and work zones; prohibition on
  163  the use of a wireless communications device in a handheld manner
  164  on any roadway.—
  165         (1)For purposes of this section, the term “wireless
  166  communications device” has the same meaning as provided in s.
  167  316.305(3)(a). The term includes, but is not limited to, a cell
  168  phone, a tablet, a laptop, a two-way messaging device, or an
  169  electronic game that is used or capable of being used in a
  170  handheld manner. The term does not include a safety, security,
  171  or convenience feature built into a motor vehicle which does not
  172  require the use of a handheld device.
  173         (2)It is the intent of the Legislature to:
  174         (a)Improve roadway safety in school and work zones for all
  175  vehicle operators, vehicle passengers, bicyclists, pedestrians,
  176  and other road users.
  177         (b)Prevent crashes related to the act of driving while
  178  using a wireless communications device in a handheld manner when
  179  operating a motor vehicle while the vehicle is in motion.
  180         (c)Reduce injuries, deaths, property damage, health care
  181  costs, health insurance rates, and automobile insurance rates
  182  related to motor vehicle crashes.
  183         (d)Authorize law enforcement officers to stop motor
  184  vehicles and issue citations to persons who are driving in
  185  school or work zones while using a wireless communications
  186  device in a handheld manner as provided in subsection (3).
  187         (3)(a)1.A person may not operate a motor vehicle while
  188  using a wireless communications device in a handheld manner in a
  189  designated school crossing, school zone, or work zone area as
  190  defined in s. 316.003(111). This subparagraph shall only be
  191  applicable to work zone areas if construction personnel are
  192  present or are operating equipment on the road or immediately
  193  adjacent to the work zone area. For the purposes of this
  194  paragraph, a motor vehicle that is stationary is not being
  195  operated and is not subject to the prohibition in this
  196  paragraph.
  197         2.Effective January 1, 2020, a law enforcement officer may
  198  stop motor vehicles and issue citations to persons who are
  199  driving while using a wireless communications device in a
  200  handheld manner in violation of subparagraph 1.
  201         (b)Paragraph (a) does not apply to a motor vehicle
  202  operator who is:
  203         1.Performing official duties as an operator of an
  204  authorized emergency vehicle as defined in s. 322.01, a law
  205  enforcement or fire service professional, or an emergency
  206  medical services professional.
  207         2.Reporting an emergency or criminal or suspicious
  208  activity to law enforcement authorities.
  209         3.Receiving messages that are:
  210         a.Related to the operation or navigation of the motor
  211  vehicle;
  212         b.Safety-related information, including emergency,
  213  traffic, or weather alerts;
  214         c.Data used primarily by the motor vehicle; or
  215         d.Radio broadcasts.
  216         4.Using a device or system in a hands-free manner for
  217  navigation purposes.
  218         5.Using a wireless communications device hands-free or
  219  hands-free in voice-operated mode, including, but not limited
  220  to, a factory-installed or after-market Bluetooth device.
  221         6.Operating an autonomous vehicle, as defined in s.
  222  316.003, in autonomous mode.
  223         (c)A law enforcement officer who stops a motor vehicle for
  224  a violation of paragraph (a) must inform the motor vehicle
  225  operator of his or her right to decline a search of his or her
  226  wireless communications device and may not:
  227         1.Access the wireless communications device without a
  228  warrant.
  229         2.Confiscate the wireless communications device while
  230  awaiting issuance of a warrant to access such device.
  231         3.Obtain consent from the motor vehicle operator to search
  232  his or her wireless communications device through coercion or
  233  other improper method. Consent to search a motor vehicle
  234  operator’s wireless communications device must be voluntary and
  235  unequivocal.
  236         (d)Only in the event of a crash resulting in death or
  237  serious bodily injury, as defined in s. 316.027, may a user’s
  238  billing records for a wireless communications device, or the
  239  testimony of or written statements from appropriate authorities
  240  receiving such messages, be admissible as evidence in any
  241  proceeding to determine whether a violation of subparagraph
  242  (a)1. has been committed.
  243         (e)Law enforcement officers must indicate the type of
  244  wireless communications device in the comment section of the
  245  uniform traffic citation.
  246         (1)(4)(a)A Any person who violates s. 316.305(4)(a) on any
  247  roadway when construction personnel are present or are operating
  248  equipment on the road or immediately adjacent to the work zone
  249  area this section commits a noncriminal traffic infraction,
  250  punishable as a moving violation, as provided in chapter 318,
  251  and shall pay a fine of $150 and have 3 points assessed against
  252  his or her driver license. A person who commits a second
  253  violation shall pay a fine of $250 and have 3 points assessed
  254  against his or her driver license. A person who commits a third
  255  violation shall pay a fine of $500, have 4 points assessed
  256  against his or her driver license, and have his or her driver
  257  license suspended for 90 days, and shall have 3 points assessed
  258  against his or her driver license as set forth in s.
  259  322.27(3)(d)7.
  260         (a) For a first violation offense under this section, in
  261  lieu of the penalty specified in s. 318.18 and the assessment of
  262  points, a person who violates this section may elect to
  263  participate in a wireless communications device driving safety
  264  program approved by the Department of Highway Safety and Motor
  265  Vehicles. Upon completion of such program, the penalties penalty
  266  specified in this section and s. 318.18 and associated costs may
  267  be waived by the clerk of the court and the assessment of points
  268  must be waived.
  269         (b) The clerk of the court may dismiss a case and assess
  270  court costs in accordance with s. 318.18(11)(a) for a nonmoving
  271  traffic infraction for a person who is cited for a first time
  272  violation of this section if the person shows the clerk proof of
  273  purchase of equipment that enables his or her personal wireless
  274  communications device to be used in a hands-free manner.
  275         (2)(5) Notwithstanding s. 318.21, all proceeds collected
  276  pursuant to s. 318.18 for violations under of this section must
  277  be remitted to the Department of Revenue for deposit into the
  278  Emergency Medical Services Trust Fund of the Department of
  279  Health.
  280         (3)(6) When a law enforcement officer issues a citation for
  281  a violation under of this section, the law enforcement officer
  282  must:
  283         (a)Indicate in the comment section of the uniform traffic
  284  citation the type of wireless communications device that was
  285  used to commit the violation.
  286         (b) Record the race and ethnicity of the violator. All law
  287  enforcement agencies must maintain such information and must
  288  report such information to the department in a form and manner
  289  determined by the department. Beginning February 1, 2020, the
  290  department shall annually report the data collected under this
  291  paragraph subsection to the Governor, the President of the
  292  Senate, and the Speaker of the House of Representatives. The
  293  data collected must be reported at least by statewide totals for
  294  local law enforcement agencies, state law enforcement agencies,
  295  and state university law enforcement agencies. The statewide
  296  total for local law enforcement agencies is a combination of
  297  must combine the data for the county sheriffs and the municipal
  298  law enforcement agencies.
  299         Section 3. This act shall take effect July 1, 2024.