Florida Senate - 2013                                      SB 74
       
       
       
       By Senator Sachs
       
       
       
       
       34-00105A-13                                            201374__
    1                        A bill to be entitled                      
    2         An act relating to the use of hand-held wireless
    3         communications devices while driving; creating s.
    4         316.305, F.S.; creating the “Florida Ban on
    5         Communicating While Driving Law”; providing
    6         legislative intent; defining the term “hand-held
    7         wireless communications device”; prohibiting the
    8         operation of a motor vehicle while using a hand-held
    9         wireless communications device for certain purposes;
   10         providing exceptions; specifying information that is
   11         admissible as evidence of a violation; providing
   12         penalties; amending s. 322.27, F.S.; providing for
   13         points to be assessed against a driver license for the
   14         unlawful use of a hand-held wireless communications
   15         device within a school safety zone or unlawful use
   16         resulting in a crash; 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 created to
   21  read:
   22         316.305 Wireless communications devices; prohibition.—
   23         (1) This section may be cited as the “Florida Ban on
   24  Communicating While Driving Law.”
   25         (2) It is the intent of the Legislature to:
   26         (a) Improve roadway safety for all vehicle operators,
   27  vehicle passengers, bicyclists, pedestrians, and other road
   28  users.
   29         (b) Prevent crashes related to the act of text messaging or
   30  using hand-held wireless communications devices while driving a
   31  motor vehicle.
   32         (c) Reduce injuries, deaths, property damage, health care
   33  costs, health insurance rates, and automobile insurance rates
   34  related to motor vehicle crashes.
   35         (d) Authorize law enforcement officers to stop motor
   36  vehicles and issue citations to persons who are texting or using
   37  hand-held wireless communications devices while driving.
   38         (3) As used in this section, the term “hand-held wireless
   39  communications device” means a device that is designed or
   40  intended to receive or transmit text or character-based
   41  messages, access or store data, connect to the Internet, or
   42  interpersonal communications or a communications service as
   43  defined in s. 812.15 and that allows text communications.
   44         (4)(a) A person may not operate a motor vehicle while
   45  manually typing or entering multiple letters, numbers, symbols,
   46  or other characters into a hand-held wireless communications
   47  device or while sending or reading data in such a device for the
   48  purpose of nonvoice interpersonal communication, including, but
   49  not limited to, communication methods known as texting, e
   50  mailing, and instant messaging.
   51         (b) A person may not operate a motor vehicle while using a
   52  hand-held wireless communication device unless the device is
   53  specifically designed and configured to allow hands-free
   54  listening and talking and is used in that manner while driving.
   55         (5)(a)Paragraph (4)(a) or paragraph (4)(b) does not apply
   56  to a motor vehicle operator who is:
   57         1. Performing official duties as an operator of an
   58  authorized emergency vehicle as defined in s. 322.01, a law
   59  enforcement or fire service professional, or an emergency
   60  medical services professional.
   61         2. Reporting an emergency or criminal or suspicious
   62  activity to law enforcement authorities.
   63         3. Receiving messages that are:
   64         a. Related to the operation or navigation of the motor
   65  vehicle;
   66         b. Safety-related information, including emergency,
   67  traffic, or weather alerts;
   68         c. Data used primarily by the motor vehicle; or
   69         d. Radio broadcasts.
   70         4. Using a device or system for navigation purposes.
   71         5. Conducting wireless interpersonal communication that
   72  does not require manual entry of multiple letters, numbers, or
   73  symbols, except to activate, deactivate, or initiate a feature
   74  or function.
   75         6. Conducting wireless interpersonal communication that
   76  does not require reading text messages, except to activate,
   77  deactivate, or initiate a feature or function.
   78         (b) A motor vehicle that is legally parked is not being
   79  operated and is not subject to the prohibitions in subsection
   80  (4).
   81         (6) A user’s billing records for a hand-held wireless
   82  communications device or the testimony of or written statements
   83  from appropriate authorities receiving such messages may be
   84  admissible as evidence in a proceeding to determine whether a
   85  violation of paragraph (4)(a) or paragraph (4)(b) has been
   86  committed.
   87         (7)(a) A person who violates paragraph (4)(a) or paragraph
   88  (4)(b) commits a noncriminal traffic infraction, punishable as a
   89  nonmoving violation as provided in chapter 318.
   90         (b) A person who commits a second or subsequent violation
   91  of paragraph (4)(a) or paragraph (4)(b) within 5 years after the
   92  date of a prior conviction for a violation of paragraph (4)(a)
   93  or paragraph (4)(b) commits a noncriminal traffic infraction,
   94  punishable as a moving violation as provided in chapter 318.
   95         Section 2. Paragraph (d) of subsection (3) of section
   96  322.27, Florida Statutes, is amended to read:
   97         322.27 Authority of department to suspend or revoke driver
   98  license or identification card.—
   99         (3) There is established a point system for evaluation of
  100  convictions of violations of motor vehicle laws or ordinances,
  101  and violations of applicable provisions of s. 403.413(6)(b) when
  102  such violations involve the use of motor vehicles, for the
  103  determination of the continuing qualification of any person to
  104  operate a motor vehicle. The department is authorized to suspend
  105  the license of any person upon showing of its records or other
  106  good and sufficient evidence that the licensee has been
  107  convicted of violation of motor vehicle laws or ordinances, or
  108  applicable provisions of s. 403.413(6)(b), amounting to 12 or
  109  more points as determined by the point system. The suspension
  110  shall be for a period of not more than 1 year.
  111         (d) The point system shall have as its basic element a
  112  graduated scale of points assigning relative values to
  113  convictions of the following violations:
  114         1. Reckless driving, willful and wanton—4 points.
  115         2. Leaving the scene of a crash resulting in property
  116  damage of more than $50—6 points.
  117         3. Unlawful speed, or unlawful use of a hand-held wireless
  118  communications device, resulting in a crash—6 points.
  119         4. Passing a stopped school bus—4 points.
  120         5. Unlawful speed:
  121         a. Not in excess of 15 miles per hour of lawful or posted
  122  speed—3 points.
  123         b. In excess of 15 miles per hour of lawful or posted
  124  speed—4 points.
  125         6. A violation of a traffic control signal device as
  126  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
  127  However, no points shall be imposed for a violation of s.
  128  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  129  stop at a traffic signal and when enforced by a traffic
  130  infraction enforcement officer. In addition, a violation of s.
  131  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  132  stop at a traffic signal and when enforced by a traffic
  133  infraction enforcement officer may not be used for purposes of
  134  setting motor vehicle insurance rates.
  135         7. All other moving violations (including parking on a
  136  highway outside the limits of a municipality)—3 points. However,
  137  no points shall be imposed for a violation of s. 316.0741 or s.
  138  316.2065(11); and points shall be imposed for a violation of s.
  139  316.1001 only when imposed by the court after a hearing pursuant
  140  to s. 318.14(5).
  141         8. Any moving violation covered in this paragraph above,
  142  excluding unlawful speed and unlawful use of a hand-held
  143  wireless communications device, resulting in a crash—4 points.
  144         9. Any conviction under s. 403.413(6)(b)—3 points.
  145         10. Any conviction under s. 316.0775(2)—4 points.
  146         11. Any moving violation covered in this paragraph
  147  committed in conjunction with the unlawful use of a hand-held
  148  wireless communications device within a school safety zone—2
  149  points.
  150         Section 3. This act shall take effect October 1, 2013.