Florida Senate - 2017                              CS for SB 144
       By the Committee on Communications, Energy, and Public
       Utilities; and Senators Garcia, Campbell, and Perry
       579-02185-17                                           2017144c1
    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         revising the legislative intent relating to the
    5         authorization of law enforcement officers to stop
    6         motor vehicles and issue citations to persons who are
    7         texting while driving; deleting a provision requiring
    8         that enforcement of the Florida Ban on Texting While
    9         Driving Law be accomplished only as a secondary
   10         action; requiring deposit of fines into the Emergency
   11         Medical Services Trust Fund; providing an effective
   12         date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraph (d) of subsection (2) and subsection
   17  (5) of section 316.305, Florida Statutes, are amended to read:
   18         316.305 Wireless communications devices; prohibition.—
   19         (2) It is the intent of the Legislature to:
   20         (d) Authorize law enforcement officers to stop motor
   21  vehicles and issue citations as a secondary offense to persons
   22  who are texting while driving.
   23         (5) Notwithstanding s. 318.21, all proceeds collected
   24  pursuant to s. 318.18 for a violation of this section shall be
   25  remitted to the Department of Revenue for deposit into the
   26  Emergency Medical Services Trust Fund of the Department of
   27  Health Enforcement of this section by state or local law
   28  enforcement agencies must be accomplished only as a secondary
   29  action when an operator of a motor vehicle has been detained for
   30  a suspected violation of another provision of this chapter,
   31  chapter 320, or chapter 322.
   32         Section 2. This act shall take effect October 1, 2017.