Florida Senate - 2016                                     SB 134
       By Senator Thompson
       12-00210-16                                            2016134__
    1                        A bill to be entitled                      
    2         An act relating to driving safety; amending s.
    3         316.305, F.S.; revising the definition of “wireless
    4         communications device”; creating s. 316.306, F.S.;
    5         prohibiting the use of cellular telephones and other
    6         wireless communications devices by drivers while in a
    7         school zone or school crossing or on school district
    8         property; providing penalties; providing an effective
    9         date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Paragraph (a) of subsection (3) of section
   14  316.305, Florida Statutes, is amended to read:
   15         316.305 Wireless communications devices; prohibition.—
   16         (3)(a) A person may not operate a motor vehicle while
   17  manually typing or entering multiple letters, numbers, symbols,
   18  or other characters into a wireless communications device or
   19  while sending or reading data on such a device for the purpose
   20  of nonvoice interpersonal communication, including, but not
   21  limited to, communication methods known as texting, e-mailing,
   22  and instant messaging. As used in this section, the term
   23  “wireless communications device” means any handheld device used
   24  or capable of being used in a handheld manner, that is designed
   25  or intended to receive or transmit voice, text, or character
   26  based messages;, access or store data;, or connect to the
   27  Internet or any communications service as defined in s. 812.15
   28  and that allows text communications. For the purposes of this
   29  paragraph, a motor vehicle that is stationary is not being
   30  operated and is not subject to the prohibition in this
   31  paragraph.
   32         Section 2. Section 316.306, Florida Statutes, is created to
   33  read:
   34         316.306 Use of cellular telephone or wireless
   35  communications device in school zone; prohibition.—
   36         (1) A person may not operate a motor vehicle in a legally
   37  posted school zone or designated school crossing or on school
   38  district property while using any type of cellular telephone or
   39  wireless communications device as defined in s. 316.305 or while
   40  sending or reading data on such a device for the purpose of
   41  communication, including, but not limited to, texting, e
   42  mailing, and instant messaging.
   43         (2) A person who violates this section commits a
   44  noncriminal traffic infraction, punishable as a moving violation
   45  as provided in chapter 318.
   46         Section 3. This act shall take effect October 1, 2016.