Florida Senate - 2016 SB 246
By Senator Sachs
34-00250-16 2016246__
1 A bill to be entitled
2 An act relating to texting while driving in a school
3 zone; amending s. 316.305, F.S.; revising penalties
4 for violations of the Florida Ban on Texting While
5 Driving Law; providing enhanced penalties for such
6 violations when committed in a school zone or school
7 crossing; providing a definition; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (4) of section 316.305, Florida
13 Statutes, is amended, and paragraph (a) of subsection (3) of
14 that section is republished, 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 text or character-based
26 messages, access or store data, or connect to the Internet or
27 any communications service as defined in s. 812.15 and that
28 allows text communications. For the purposes of this paragraph,
29 a motor vehicle that is stationary is not being operated and is
30 not subject to the prohibition in this paragraph.
31 (4)(a) A Any person who violates paragraph (3)(a) commits a
32 noncriminal traffic infraction, punishable as a nonmoving
33 violation as provided in chapter 318. For a violation occurring
34 in a legally posted active school zone or designated school
35 crossing, the amount of a fine prescribed for the violation
36 shall be doubled.
37 (b) A Any person who commits a second or subsequent
38 violation of paragraph (3)(a) within 5 years after the date of a
39 prior conviction for a violation of paragraph (3)(a) commits a
40 noncriminal traffic infraction, punishable as a moving violation
41 as provided in chapter 318. Regardless of where the prior
42 violation occurred, if a second or subsequent violation occurs
43 in a legally posted active school zone or designated school
44 crossing, the amount of a fine prescribed for the violation
45 shall be doubled.
46 (c) For purposes of this subsection, the term “active
47 school zone or designated school crossing” refers to the period
48 of time during which the restrictive speed limit is in effect
49 within the zone or crossing.
50 Section 2. This act shall take effect October 1, 2016.