Florida Senate - 2016                                     SB 328
       
       
        
       By Senator Altman
       
       
       
       
       
       16-00081-16                                            2016328__
    1                        A bill to be entitled                      
    2         An act relating to wireless communications devices;
    3         amending s. 316.305, F.S.; revising legislative intent
    4         to authorize law enforcement officers to stop motor
    5         vehicles and issue citations as a primary offense to
    6         persons who are texting while driving; deleting the
    7         requirement that specified provisions be enforced as a
    8         secondary action by a law enforcement agency;
    9         providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (d) of subsection (2) and subsection
   14  (5) of section 316.305, Florida Statutes, are amended to read:
   15         316.305 Wireless communications devices; prohibition.—
   16         (2) It is the intent of the Legislature to:
   17         (d) Authorize law enforcement officers to stop motor
   18  vehicles and issue citations as a primary secondary offense to
   19  persons who are texting while driving.
   20         (5) Enforcement of this section by state or local law
   21  enforcement agencies must be accomplished only as a secondary
   22  action when an operator of a motor vehicle has been detained for
   23  a suspected violation of another provision of this chapter,
   24  chapter 320, or chapter 322.
   25         Section 2. This act shall take effect October 1, 2016.