Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for HB 107 Ì856614.Î856614 LEGISLATIVE ACTION Senate . House . . . Floor: 1/RE/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). For the purposes of this paragraph, 35 a motor vehicle that is stationary is not being operated and is 36 not subject to the prohibition in this paragraph. 37 2.a. During the period from October 1, 2019, through 38 December 31, 2019, a law enforcement officer may stop motor 39 vehicles to issue verbal or written warnings to persons who are 40 in violation of subparagraph (a)1. for the purposes of informing 41 and educating such persons of this section. This sub 42 subparagraph shall stand repealed on October 1, 2020. 43 b. Effective January 1, 2020, a law enforcement officer may 44 stop motor vehicles and issue citations to persons who are 45 driving while using a wireless communications device in a 46 handheld manner in violation of subparagraph (a)1. 47 (b) Paragraph (a) does not apply to a motor vehicle 48 operator who is: 49 1. Performing official duties as an operator of an 50 authorized emergency vehicle as defined in s. 322.01, a law 51 enforcement or fire service professional, or an emergency 52 medical services professional. 53 2. Reporting an emergency or criminal or suspicious 54 activity to law enforcement authorities. 55 3. Receiving messages that are: 56 a. Related to the operation or navigation of the motor 57 vehicle; 58 b. Safety-related information, including emergency, 59 traffic, or weather alerts; 60 c. Data used primarily by the motor vehicle; or 61 d. Radio broadcasts. 62 4. Using a device or system in a hands-free manner for 63 navigation purposes. 64 5. Using a wireless communications device hands-free or 65 hands-free in voice-operated mode, including, but not limited 66 to, a factory-installed or after-market Bluetooth device. 67 6. Operating an autonomous vehicle, as defined in s. 68 316.003, in autonomous mode. 69 (c) A law enforcement officer who stops a motor vehicle for 70 a violation of paragraph (a) must inform the motor vehicle 71 operator of his or her right to decline a search of his or her 72 wireless communications device and may not: 73 1. Access the wireless communications device without a 74 warrant. 75 2. Confiscate the wireless communications device while 76 awaiting issuance of a warrant to access such device. 77 3. Obtain consent from the motor vehicle operator to search 78 his or her wireless communications device through coercion or 79 other improper method. Consent to search a motor vehicle 80 operator’s wireless communications device must be voluntary and 81 unequivocal. 82 (d) Only in the event of a crash resulting in death or 83 serious bodily injury, as defined in s. 316.027, may a user’s 84 billing records for a wireless communications device, or the 85 testimony of or written statements from appropriate authorities 86 receiving such messages, be admissible as evidence in any 87 proceeding to determine whether a violation of subparagraph 88 (a)1. has been committed. 89 (e) Law enforcement officers must indicate the type of 90 wireless communications device in the comment section of the 91 uniform traffic citation. 92 (4)(a) Any person who violates this section commits a 93 noncriminal traffic infraction, punishable as a moving 94 violation, as provided in chapter 318, and shall have 3 points 95 assessed against his or her driver license as set forth in s. 96 322.27(3)(d)7. For a first offense under this section, in lieu 97 of the penalty specified in s. 318.18 and the assessment of 98 points, a person who violates this section may elect to 99 participate in a wireless communications device driving safety 100 program approved by the Department of Highway Safety and Motor 101 Vehicles. Upon completion of such program, the penalty specified 102 in s. 318.18 and associated costs may be waived by the clerk of 103 the court and the assessment of points must be waived. 104 (b) The clerk of the court may dismiss a case and assess 105 court costs in accordance with s. 318.18(11)(a) for a nonmoving 106 traffic infraction for a person who is cited for a first time 107 violation of this section if the person shows the clerk proof of 108 purchase of equipment that enables his or her personal wireless 109 communications device to be used in a hands-free manner. 110 (5) Notwithstanding s. 318.21, all proceeds collected 111 pursuant to s. 318.18 for violations of this section must be 112 remitted to the Department of Revenue for deposit into the 113 Emergency Medical Services Trust Fund of the Department of 114 Health. 115 (6) When a law enforcement officer issues a citation for a 116 violation of this section, the law enforcement officer must 117 record the race and ethnicity of the violator. All law 118 enforcement agencies must maintain such information and must 119 report such information to the department in a form and manner 120 determined by the department. Beginning February 1, 2020, the 121 department shall annually report the data collected under this 122 subsection to the Governor, the President of the Senate, and the 123 Speaker of the House of Representatives. The data collected must 124 be reported at least by statewide totals for local law 125 enforcement agencies, state law enforcement agencies, and state 126 university law enforcement agencies. The statewide total for 127 local law enforcement agencies must combine the data for the 128 county sheriffs and the municipal law enforcement agencies. 129 Section 2. (1) The Department of Highway Safety and Motor 130 Vehicles, in consultation with the Department of Transportation, 131 may implement a statewide campaign to raise awareness of and 132 encourage compliance with ss. 316.305 and 316.306, Florida 133 Statutes. The Department of Highway Safety and Motor Vehicles 134 may use television messaging, radio broadcasts, print media, 135 digital strategies, social media, and any other form of 136 messaging deemed necessary and appropriate by the department to 137 implement the campaign. 138 (2) The Department of Highway Safety and Motor Vehicles may 139 contract with counties, local law enforcement agencies, safety 140 councils, and public schools to assist with planning and 141 conducting the statewide campaign. 142 Section 3. Except as otherwise expressly provided in this 143 act, this act shall take effect July 1, 2019. 144 145 ================= T I T L E A M E N D M E N T ================ 146 And the title is amended as follows: 147 Delete lines 2 - 14 148 and insert: 149 An act relating to wireless communications while 150 driving; amending s. 316.305, F.S.; revising 151 legislative intent; requiring a law enforcement 152 officer to inform a motor vehicle operator of certain 153 rights; prohibiting certain actions by such officer; 154 requiring such officer to record the race and 155 ethnicity of a violator when issuing a citation; 156 requiring law enforcement agencies to report such 157 information to the Department of Highway Safety and 158 Motor Vehicles; requiring the department to annually 159 report certain data to the Governor and Legislature; 160 removing the requirement that enforcement be 161 accomplished as a secondary action; creating s. 162 316.306, F.S.; defining the term “wireless 163 communications device”; providing legislative intent; 164 prohibiting a person from operating a motor vehicle 165 while using a wireless communications device in a 166 handheld manner in a designated school crossing, 167 school zone, or work zone; providing construction; 168 authorizing a law enforcement officer during a 169 specified period to stop motor vehicles to issue 170 warnings to persons who are driving while using a 171 wireless communications device in a handheld manner in 172 a designated school crossing, school zone, or work 173 zone; providing for repeal of that authorization; 174 authorizing a law enforcement officer, on and after a 175 specified date, to stop motor vehicles and issue 176 citations to persons who are driving while using a 177 wireless communications device in a handheld manner in 178 a designated school crossing, school zone, or work 179 zone; providing exceptions to such prohibition; 180 requiring a law enforcement officer who stops a motor 181 vehicle for a violation of driving while using a 182 wireless communications device in a handheld manner in 183 a designated school crossing, school zone, or work 184 zone to inform the motor vehicle operator of his or 185 her right to decline a search of his or her wireless 186 communications device; prohibiting the law enforcement 187 officer from taking specified actions; requiring 188 certain consent to search a motor vehicle operator’s 189 wireless communications device; providing that a 190 user’s billing records for a wireless communications 191 device or the testimony of or written statements from 192 certain authorities are admissible as evidence in 193 crashes resulting in death or serious bodily injury 194 for certain purposes; requiring that law enforcement 195 officers indicate specified information in the uniform 196 traffic citation; providing penalties for driving 197 while using a wireless communications device in a 198 handheld manner in a designated school crossing, 199 school zone, or work zone; authorizing first-time 200 offenders to participate in a wireless communications 201 device driving safety program, in lieu of the 202 imposition of penalties; authorizing a clerk of the 203 court to dismiss a case and assess court costs under 204 certain circumstances; requiring the deposit of fines 205 into the Emergency Medical Services Trust Fund of the 206 Department of Health; requiring law enforcement 207 officers to record the race and ethnicity of violators 208 when issuing a citation for a violation of this 209 section; requiring all law enforcement agencies to 210 maintain such information and report it to the 211 Department of Highway Safety and Motor Vehicles in a 212 form and manner determined by the department; 213 beginning on a specified date, requiring the 214 department to annually report the data to the Governor 215 and Legislature; providing requirements for the 216 report; authorizing the department, in consultation 217 with the Department of Transportation, to implement a 218 statewide campaign to raise awareness of and encourage 219 compliance with the prohibitions on operating a motor 220 vehicle while using a wireless communications device; 221 authorizing the department to use certain messaging to 222 implement the campaign; authorizing the department to 223 contract with certain entities for certain purposes; 224 providing effective dates.