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
Anyperson 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 Anyperson 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.