Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 76
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Infrastructure and Security (Simpson)
       recommended the following:
       
    1         Senate Amendment to Amendment (594074) (with title
    2  amendment)
    3  
    4         Delete lines 98 - 116
    5  and insert:
    6         (5)(4)(a) Any person who violates this section commits a
    7  noncriminal traffic infraction, punishable as a moving
    8  violation, as provided in chapter 318, and shall have 3 points
    9  assessed against his or her driver license as set forth in s.
   10  322.27. For a first offense under this section, in lieu of the
   11  penalty specified in s. 318.18 and the assessment of points, a
   12  person who violates this section may elect to participate in a
   13  distracted driving safety program approved by the Department of
   14  Highway Safety and Motor Vehicles. Upon completion of such
   15  program, the penalty specified in s. 318.18 and associated costs
   16  may be waived by the clerk of the court and the assessment of
   17  points must be waived Any person who violates paragraph (3)(a)
   18  commits a noncriminal traffic infraction, punishable as a
   19  nonmoving violation as provided in chapter 318.
   20         (b) The clerk of the court may dismiss a case and assess
   21  court costs in accordance with s. 318.18(11)(a) for a nonmoving
   22  traffic infraction for a person who is cited for a first time
   23  violation of this section if the inattentive or distracted
   24  driving conduct resulting in the violation is for the use of a
   25  personal wireless communications device and the person shows the
   26  clerk proof of purchase of equipment that enables his or her
   27  personal wireless communications device to be used in a hands
   28  free manner Any person who commits a second or subsequent
   29  violation of paragraph (3)(a) within 5 years after the date of a
   30  prior conviction for a violation of paragraph (3)(a) commits a
   31  noncriminal traffic infraction, punishable as a moving violation
   32  as provided in chapter 318.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35  And the title is amended as follows:
   36         Between lines 148 and 149
   37  insert:
   38         authorizing a clerk of the court to dismiss a case and
   39         assess court costs under certain circumstances;