Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for HB 107 Ì384344,Î384344 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AE/3R . 04/25/2019 06:25 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Simpson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete line 104 4 and insert: 5 Section 2. Effective October 1, 2019, section 316.306, 6 Florida Statutes, is created to read: 7 316.306 School and work zones; prohibition on the use of a 8 wireless communications device in a handheld manner.— 9 (1) For purposes of this section, the term “wireless 10 communications device” has the same meaning as provided in s. 11 316.305(3)(a). The term includes, but is not limited to, a cell 12 phone, a tablet, a laptop, a two-way messaging device, or an 13 electronic game that is used or capable of being used in a 14 handheld manner. The term does not include a safety, security, 15 or convenience feature built into a motor vehicle which does not 16 require the use of a handheld device. 17 (2) It is the intent of the Legislature to: 18 (a) Improve roadway safety in school and work zones for all 19 vehicle operators, vehicle passengers, bicyclists, pedestrians, 20 and other road users. 21 (b) Prevent crashes related to the act of driving while 22 using a wireless communications device in a handheld manner when 23 operating a motor vehicle while the vehicle is in motion. 24 (c) Reduce injuries, deaths, property damage, health care 25 costs, health insurance rates, and automobile insurance rates 26 related to motor vehicle crashes. 27 (d) Authorize law enforcement officers to stop motor 28 vehicles and issue citations to persons who are driving in 29 school or work zones while using a wireless communications 30 device in a handheld manner as provided in subsection (3). 31 (3)(a)1. A person may not operate a motor vehicle while 32 using a wireless communications device in a handheld manner in a 33 designated school crossing, school zone, or work zone area as 34 defined in s. 316.003(101). This subparagraph shall only be 35 applicable to work zone areas if construction personnel are 36 present or are operating equipment on the road or immediately 37 adjacent to the work zone area. For the purposes of this 38 paragraph, a motor vehicle that is stationary is not being 39 operated and is not subject to the prohibition in this 40 paragraph. 41 2.a. During the period from October 1, 2019, through 42 December 31, 2019, a law enforcement officer may stop motor 43 vehicles to issue verbal or written warnings to persons who are 44 in violation of subparagraph (a)1. for the purposes of informing 45 and educating such persons of this section. This sub 46 subparagraph shall stand repealed on October 1, 2020. 47 b. Effective January 1, 2020, a law enforcement officer may 48 stop motor vehicles and issue citations to persons who are 49 driving while using a wireless communications device in a 50 handheld manner in violation of subparagraph (a)1. 51 (b) Paragraph (a) does not apply to a motor vehicle 52 operator who is: 53 1. Performing official duties as an operator of an 54 authorized emergency vehicle as defined in s. 322.01, a law 55 enforcement or fire service professional, or an emergency 56 medical services professional. 57 2. Reporting an emergency or criminal or suspicious 58 activity to law enforcement authorities. 59 3. Receiving messages that are: 60 a. Related to the operation or navigation of the motor 61 vehicle; 62 b. Safety-related information, including emergency, 63 traffic, or weather alerts; 64 c. Data used primarily by the motor vehicle; or 65 d. Radio broadcasts. 66 4. Using a device or system in a hands-free manner for 67 navigation purposes. 68 5. Using a wireless communications device hands-free or 69 hands-free in voice-operated mode, including, but not limited 70 to, a factory-installed or after-market Bluetooth device. 71 6. Operating an autonomous vehicle, as defined in s. 72 316.003, in autonomous mode. 73 (c) A law enforcement officer who stops a motor vehicle for 74 a violation of paragraph (a) must inform the motor vehicle 75 operator of his or her right to decline a search of his or her 76 wireless communications device and may not: 77 1. Access the wireless communications device without a 78 warrant. 79 2. Confiscate the wireless communications device while 80 awaiting issuance of a warrant to access such device. 81 3. Obtain consent from the motor vehicle operator to search 82 his or her wireless communications device through coercion or 83 other improper method. Consent to search a motor vehicle 84 operator’s wireless communications device must be voluntary and 85 unequivocal. 86 (d) Only in the event of a crash resulting in death or 87 serious bodily injury, as defined in s. 316.027, may a user’s 88 billing records for a wireless communications device, or the 89 testimony of or written statements from appropriate authorities 90 receiving such messages, be admissible as evidence in any 91 proceeding to determine whether a violation of subparagraph 92 (a)1. has been committed. 93 (e) Law enforcement officers must indicate the type of 94 wireless communications device in the comment section of the 95 uniform traffic citation. 96 (4)(a) Any person who violates this section commits a 97 noncriminal traffic infraction, punishable as a moving 98 violation, as provided in chapter 318, and shall have 3 points 99 assessed against his or her driver license as set forth in s. 100 322.27(3)(d)7. For a first offense under this section, in lieu 101 of the penalty specified in s. 318.18 and the assessment of 102 points, a person who violates this section may elect to 103 participate in a wireless communications device driving safety 104 program approved by the Department of Highway Safety and Motor 105 Vehicles. Upon completion of such program, the penalty specified 106 in s. 318.18 and associated costs may be waived by the clerk of 107 the court and the assessment of points must be waived. 108 (b) The clerk of the court may dismiss a case and assess 109 court costs in accordance with s. 318.18(11)(a) for a nonmoving 110 traffic infraction for a person who is cited for a first time 111 violation of this section if the person shows the clerk proof of 112 purchase of equipment that enables his or her personal wireless 113 communications device to be used in a hands-free manner. 114 (5) Notwithstanding s. 318.21, all proceeds collected 115 pursuant to s. 318.18 for violations of this section must be 116 remitted to the Department of Revenue for deposit into the 117 Emergency Medical Services Trust Fund of the Department of 118 Health. 119 (6) When a law enforcement officer issues a citation for a 120 violation of this section, the law enforcement officer must 121 record the race and ethnicity of the violator. All law 122 enforcement agencies must maintain such information and must 123 report such information to the department in a form and manner 124 determined by the department. Beginning February 1, 2020, the 125 department shall annually report the data collected under this 126 subsection to the Governor, the President of the Senate, and the 127 Speaker of the House of Representatives. The data collected must 128 be reported at least by statewide totals for local law 129 enforcement agencies, state law enforcement agencies, and state 130 university law enforcement agencies. The statewide total for 131 local law enforcement agencies must combine the data for the 132 county sheriffs and the municipal law enforcement agencies. 133 Section 3. (1) The Department of Highway Safety and Motor 134 Vehicles, in consultation with the Department of Transportation, 135 may implement a statewide campaign to raise awareness of and 136 encourage compliance with ss. 316.305 and 316.306, Florida 137 Statutes. The Department of Highway Safety and Motor Vehicles 138 may use television messaging, radio broadcasts, print media, 139 digital strategies, social media, and any other form of 140 messaging deemed necessary and appropriate by the department to 141 implement the campaign. 142 (2) The Department of Highway Safety and Motor Vehicles may 143 contract with counties, local law enforcement agencies, safety 144 councils, and public schools to assist with planning and 145 conducting the statewide campaign. 146 Section 4. Except as otherwise expressly provided in this 147 act, this act shall take effect July 1, 2019. 148 149 ================= T I T L E A M E N D M E N T ================ 150 And the title is amended as follows: 151 Delete lines 2 - 14 152 and insert: 153 An act relating to wireless communications while 154 driving; amending s. 316.305, F.S.; revising 155 legislative intent; requiring a law enforcement 156 officer to inform a motor vehicle operator of certain 157 rights; prohibiting certain actions by such officer; 158 requiring such officer to record the race and 159 ethnicity of a violator when issuing a citation; 160 requiring law enforcement agencies to report such 161 information to the Department of Highway Safety and 162 Motor Vehicles; requiring the department to annually 163 report certain data to the Governor and Legislature; 164 removing the requirement that enforcement be 165 accomplished as a secondary action; creating s. 166 316.306, F.S.; defining the term “wireless 167 communications device”; providing legislative intent; 168 prohibiting a person from operating a motor vehicle 169 while using a wireless communications device in a 170 handheld manner in a designated school crossing, 171 school zone, or work zone; providing applicability; 172 providing construction; authorizing a law enforcement 173 officer during a specified period to stop motor 174 vehicles to issue warnings to persons who are driving 175 while using a wireless communications device in a 176 handheld manner in a designated school crossing, 177 school zone, or work zone; providing for repeal of 178 that authorization; authorizing a law enforcement 179 officer, on and after a specified date, to stop motor 180 vehicles and issue citations to persons who are 181 driving while using a wireless communications device 182 in a handheld manner in a designated school crossing, 183 school zone, or work zone; providing exceptions to 184 such prohibition; requiring a law enforcement officer 185 who stops a motor vehicle for a violation of driving 186 while using a wireless communications device in a 187 handheld manner in a designated school crossing, 188 school zone, or work zone to inform the motor vehicle 189 operator of his or her right to decline a search of 190 his or her wireless communications device; prohibiting 191 the law enforcement officer from taking specified 192 actions; requiring certain consent to search a motor 193 vehicle operator’s wireless communications device; 194 providing that a user’s billing records for a wireless 195 communications device or the testimony of or written 196 statements from certain authorities are admissible as 197 evidence in crashes resulting in death or serious 198 bodily injury for certain purposes; requiring that law 199 enforcement officers indicate specified information in 200 the uniform traffic citation; providing penalties for 201 driving while using a wireless communications device 202 in a handheld manner in a designated school crossing, 203 school zone, or work zone; authorizing first-time 204 offenders to participate in a wireless communications 205 device driving safety program, in lieu of the 206 imposition of penalties; authorizing a clerk of the 207 court to dismiss a case and assess court costs under 208 certain circumstances; requiring the deposit of fines 209 into the Emergency Medical Services Trust Fund of the 210 Department of Health; requiring law enforcement 211 officers to record the race and ethnicity of violators 212 when issuing a citation for a violation of this 213 section; requiring all law enforcement agencies to 214 maintain such information and report it to the 215 Department of Highway Safety and Motor Vehicles in a 216 form and manner determined by the department; 217 beginning on a specified date, requiring the 218 department to annually report the data to the Governor 219 and Legislature; providing requirements for the 220 report; authorizing the department, in consultation 221 with the Department of Transportation, to implement a 222 statewide campaign to raise awareness of and encourage 223 compliance with the prohibitions on operating a motor 224 vehicle while using a wireless communications device; 225 authorizing the department to use certain messaging to 226 implement the campaign; authorizing the department to 227 contract with certain entities for certain purposes; 228 providing effective dates.