Florida Senate - 2019                                      SB 76
       By Senator Simpson
       10-00079-19                                             201976__
    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 short title; revising legislative intent;
    5         prohibiting a person from operating a motor vehicle
    6         while listening or talking on a wireless
    7         communications device for the purpose of voice
    8         interpersonal communication; redefining the term
    9         “wireless communications device” to include voice
   10         communications; conforming provisions to changes made
   11         by the act; requiring deposit of fines into the
   12         Emergency Medical Services Trust Fund; deleting a
   13         provision requiring that enforcement of this section
   14         be accomplished only as a secondary action; providing
   15         an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsection (1), paragraphs (b) and (d) of
   20  subsection (2), and subsections (3) and (5) of section 316.305,
   21  Florida Statutes, are amended to read:
   22         316.305 Wireless communications devices; prohibition.—
   23         (1) This section may be cited as the “Florida Ban on
   24  Wireless Communications Devices Texting While Driving Law.”
   25         (2) It is the intent of the Legislature to:
   26         (b) Prevent crashes related to the act of using a wireless
   27  communications device text messaging while driving a motor
   28  vehicle.
   29         (d) Authorize law enforcement officers to stop motor
   30  vehicles and issue citations as a secondary offense to persons
   31  who are using a wireless communications device texting while
   32  driving.
   33         (3)(a) A person may not operate a motor vehicle while
   34  manually typing or entering multiple letters, numbers, symbols,
   35  or other characters into a wireless communications device or
   36  while sending or reading data or listening or talking on such a
   37  device for the purpose of nonvoice or voice interpersonal
   38  communication, including, but not limited to, communication
   39  methods known as texting, e-mailing, and instant messaging. As
   40  used in this section, the term “wireless communications device”
   41  means any handheld device used or capable of being used in a
   42  handheld manner which, that is designed or intended to receive
   43  or transmit text or character-based messages, access or store
   44  data, or connect to the Internet or any communications service
   45  as defined in s. 812.15 and which that allows text and voice
   46  communications. For the purposes of this paragraph, a motor
   47  vehicle that is stationary is not being operated and is not
   48  subject to the prohibition in this paragraph.
   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         5.7. 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  personal injury, a user’s billing records for a wireless
   76  communications device or the testimony of or written statements
   77  from appropriate authorities receiving such messages may be
   78  admissible as evidence in any proceeding to determine whether a
   79  violation of paragraph (a) has been committed.
   80         (5) Notwithstanding s. 318.21, all proceeds collected
   81  pursuant to s. 318.18 for a violation of this section shall be
   82  remitted to the Department of Revenue for deposit into the
   83  Emergency Medical Services Trust Fund of the Department of
   84  Health Enforcement of this section by state or local law
   85  enforcement agencies must be accomplished only as a secondary
   86  action when an operator of a motor vehicle has been detained for
   87  a suspected violation of another provision of this chapter,
   88  chapter 320, or chapter 322.
   89         Section 2. This act shall take effect October 1, 2019.