Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 76
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Substitute for Amendment (878202) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 316.305, Florida Statutes, is amended to
    7  read:
    8         316.305 Wireless communications devices; prohibition.—
    9         (1) This section may be cited as the “Florida Ban on
   10  Texting While Driving Law.”
   11         (2) It is the intent of the Legislature to:
   12         (a) Improve roadway safety for all vehicle operators,
   13  vehicle passengers, bicyclists, pedestrians, and other road
   14  users.
   15         (b) Prevent crashes related to the act of driving while
   16  text messaging when operating while driving a motor vehicle
   17  while the vehicle is in motion.
   18         (c) Reduce injuries, deaths, property damage, health care
   19  costs, health insurance rates, and automobile insurance rates
   20  related to motor vehicle crashes.
   21         (d) Authorize law enforcement officers to stop motor
   22  vehicles and issue citations as a primary secondary offense to
   23  persons who are texting while driving as provided in subsection
   24  (3).
   25         (3)(a)1. A person may not operate a motor vehicle while
   26  manually typing or entering multiple letters, numbers, symbols,
   27  or other characters into a wireless communications device or
   28  while sending or reading data on such a device for the purpose
   29  of nonvoice interpersonal communication, including, but not
   30  limited to, communication methods known as texting, e-mailing,
   31  and instant messaging. As used in this section, the term
   32  “wireless communications device” means any handheld device used
   33  or capable of being used in a handheld manner, that is designed
   34  or intended to receive or transmit text or character-based
   35  messages, access or store data, or connect to the Internet or
   36  any communications service as defined in s. 812.15 and that
   37  allows text communications. For the purposes of this paragraph,
   38  a motor vehicle that is stationary is not being operated and is
   39  not subject to the prohibition in this paragraph.
   40         2.a. During the period of October 1, 2019, through December
   41  31, 2019, a law enforcement officer may stop motor vehicles to
   42  issue verbal or written warnings to persons who are texting
   43  while driving for the purposes of informing and educating such
   44  persons. This sub-subparagraph shall stand repealed on October
   45  1, 2020.
   46         b. After December 31, 2019, a law enforcement officer may
   47  stop motor vehicles and issue citations to persons who are
   48  texting while driving.
   49         (b) Paragraph (a) does not apply to a motor vehicle
   50  operator who is:
   51         1. Performing official duties as an operator of an
   52  authorized emergency vehicle as defined in s. 322.01, a law
   53  enforcement or fire service professional, or an emergency
   54  medical services professional.
   55         2. Reporting an emergency or criminal or suspicious
   56  activity to law enforcement authorities.
   57         3. Receiving messages that are:
   58         a. Related to the operation or navigation of the motor
   59  vehicle;
   60         b. Safety-related information, including emergency,
   61  traffic, or weather alerts;
   62         c. Data used primarily by the motor vehicle; or
   63         d. Radio broadcasts.
   64         4. Using a device or system for navigation purposes.
   65         5. Conducting wireless interpersonal communication that
   66  does not require manual entry of multiple letters, numbers, or
   67  symbols, except to activate, deactivate, or initiate a feature
   68  or function.
   69         6. Conducting wireless interpersonal communication that
   70  does not require reading text messages, except to activate,
   71  deactivate, or initiate a feature or function.
   72         7. Operating an autonomous vehicle, as defined in s.
   73  316.003, in autonomous mode.
   74         (c) Only in the event of a crash resulting in death or
   75  serious bodily injury, as defined in s. 316.027 personal injury,
   76  a user’s billing records for a wireless communications device or
   77  the testimony of or written statements from appropriate
   78  authorities receiving such messages may be admissible as
   79  evidence in any proceeding to determine whether a violation of
   80  paragraph (a) has been committed.
   81         (4)(a)Any person who violates this section commits a
   82  noncriminal traffic infraction, punishable as a moving
   83  violation, as provided in chapter 318, and shall have 3 points
   84  assessed against his or her driver license as set forth in s.
   85  322.27. For a first offense under this section, in lieu of the
   86  penalty specified in s. 318.18 and the assessment of points, a
   87  person who violates this section may elect to participate in a
   88  distracted driving safety program approved by the Department of
   89  Highway Safety and Motor Vehicles. Upon completion of such
   90  program, the penalty specified in s. 318.18 and associated costs
   91  may be waived by the clerk of the court and the assessment of
   92  points must be waived Any person who violates paragraph (3)(a)
   93  commits a noncriminal traffic infraction, punishable as a
   94  nonmoving violation as provided in chapter 318.
   95         (b) Any person who commits a second or subsequent violation
   96  of paragraph (3)(a) within 5 years after the date of a prior
   97  conviction for a violation of paragraph (3)(a) commits a
   98  noncriminal traffic infraction, punishable as a moving violation
   99  as provided in chapter 318.
  100         (5) Notwithstanding s. 318.21, all proceeds collected
  101  pursuant to s. 318.18 for violations of this section must be
  102  remitted to the Department of Revenue for deposit into the
  103  Emergency Medical Services Trust Fund of the Department of
  104  Health Enforcement of this section by state or local law
  105  enforcement agencies must be accomplished only as a secondary
  106  action when an operator of a motor vehicle has been detained for
  107  a suspected violation of another provision of this chapter,
  108  chapter 320, or chapter 322.
  109         Section 2. (1) The Department of Highway Safety and Motor
  110  Vehicles, in consultation with the Department of Transportation,
  111  may implement a statewide campaign to raise awareness and
  112  prevent drivers from driving while distracted. The Department of
  113  Highway Safety and Motor Vehicles may use television messaging,
  114  radio broadcasts, print media, digital strategies, social media,
  115  and any other form of messaging deemed necessary and appropriate
  116  by the department to implement the campaign.
  117         (2) The Department of Highway Safety and Motor Vehicles may
  118  contract with counties, local law enforcement agencies, safety
  119  councils, and public schools to assist with planning and
  120  conducting the statewide driving while distracted safety and
  121  public awareness campaign in a manner that encourages compliance
  122  with s. 316.305, Florida Statutes.
  123         Section 3. Except as otherwise expressly provided in this
  124  act, this act shall take effect July 1, 2019.
  125  
  126  ================= T I T L E  A M E N D M E N T ================
  127  And the title is amended as follows:
  128         Delete everything before the enacting clause
  129  and insert:
  130                        A bill to be entitled                      
  131         An act relating to texting while driving; amending s.
  132         316.305, F.S.; prohibiting a person from texting while
  133         driving; authorizing a law enforcement officer during
  134         a specified period to stop motor vehicles to issue
  135         warnings to persons who are driving while distracted;
  136         providing for repeal of a provision; authorizing a law
  137         enforcement officer, after a specified date, to stop
  138         motor vehicles and issue citations to persons who are
  139         driving while distracted; revising exceptions to such
  140         prohibition; revising crash results for which a user’s
  141         billing records for a wireless communications device
  142         or the testimony of or written statements from certain
  143         authorities are admissible as evidence; providing
  144         penalties for driving while distracted; authorizing
  145         participation in a distracted driving safety program
  146         for a first offense, in lieu of specified penalties;
  147         requiring the deposit of fines into the Emergency
  148         Medical Services Trust Fund; deleting a provision
  149         requiring that enforcement of this section be
  150         accomplished only as a secondary action; authorizing
  151         the Department of Highway Safety and Motor Vehicles,
  152         in consultation with the Department of Transportation,
  153         to implement a statewide campaign to raise awareness
  154         and prevent drivers from driving while distracted;
  155         authorizing the department to use certain messaging to
  156         implement the campaign; authorizing the department to
  157         contract with certain entities for certain purposes;
  158         providing contract authority; providing an effective
  159         date.