Florida Senate - 2018                               CS for SB 90
       By the Committee on Communications, Energy, and Public
       Utilities; and Senators Perry, Garcia, Mayfield, Rodriguez, and
       579-00930-18                                            201890c1
    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; requiring a law enforcement
   12         officer to inform a person who is stopped for texting
   13         while driving of the person’s right to decline a
   14         search of his or her wireless communications device;
   15         providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Paragraph (d) of subsection (2) and subsection
   20  (5) of section 316.305, Florida Statutes, are amended, and
   21  subsection (6) is added to that section, to read:
   22         316.305 Wireless communications devices; prohibition.—
   23         (2) It is the intent of the Legislature to:
   24         (d) Authorize law enforcement officers to stop motor
   25  vehicles and issue citations as a secondary offense to persons
   26  who are texting while driving.
   27         (5) 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 Enforcement of this section by state or local law
   32  enforcement agencies must be accomplished only as a secondary
   33  action when an operator of a motor vehicle has been detained for
   34  a suspected violation of another provision of this chapter,
   35  chapter 320, or chapter 322.
   36         (6)A law enforcement officer shall inform a person who is
   37  stopped for texting while driving of the person’s right to
   38  decline a search of his or her wireless communications device.
   39         Section 2. This act shall take effect October 1, 2018.