Florida Senate - 2018                                      SB 72
       By Senator Garcia
       36-00096-18                                             201872__
    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; requiring deposit of fines into
    8         the Emergency Medical Services Trust Fund; deleting a
    9         provision requiring that enforcement of the Florida
   10         Ban on Texting While Driving Law be accomplished only
   11         as a secondary action; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraph (d) of subsection (2) and subsection
   16  (5) of section 316.305, Florida Statutes, are amended to read:
   17         316.305 Wireless communications devices; prohibition.—
   18         (2) It is the intent of the Legislature to:
   19         (d) Authorize law enforcement officers to stop motor
   20  vehicles and issue citations as a secondary offense to persons
   21  who are texting while driving.
   22         (5) Notwithstanding s. 318.21, all proceeds collected
   23  pursuant to s. 318.18 for a violation of this section shall be
   24  remitted to the Department of Revenue for deposit into the
   25  Emergency Medical Services Trust Fund of the Department of
   26  Health Enforcement of this section by state or local law
   27  enforcement agencies must be accomplished only as a secondary
   28  action when an operator of a motor vehicle has been detained for
   29  a suspected violation of another provision of this chapter,
   30  chapter 320, or chapter 322.
   31         Section 2. This act shall take effect October 1, 2018.