Florida Senate - 2017                                     SB 144
       By Senator Garcia
       36-00316-17                                            2017144__
    1                        A bill to be entitled                      
    2         An act relating to the use of wireless communications
    3         devices while driving; amending s. 316.305, F.S.;
    4         providing for primary enforcement of the Florida Ban
    5         on Texting While Driving Law for drivers age 18 or
    6         younger; requiring deposit of fines into the Emergency
    7         Medical Services Trust Fund; providing an effective
    8         date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Paragraph (d) of subsection (2) and subsection
   13  (5) of section 316.305, Florida Statutes, are amended, and
   14  subsection (6) is added to that section, 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 secondary offense to persons
   19  who are texting while driving.
   20         (5) Enforcement of this section by state or local law
   21  enforcement agencies may be accomplished as a primary action
   22  when an operator of a motor vehicle is 18 years of age or
   23  younger. Otherwise, such enforcement must be accomplished only
   24  as a secondary action when an operator of a motor vehicle has
   25  been detained for a suspected violation of another provision of
   26  this chapter, chapter 320, or chapter 322.
   27         (6)Notwithstanding s. 318.21, all proceeds collected
   28  pursuant to s. 318.18 for a violation of this section shall be
   29  remitted to the Department of Revenue for deposit into the
   30  Emergency Medical Services Trust Fund of the Department of
   31  Health.
   32         Section 2. This act shall take effect July 1, 2017.