Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. SB 994
       
       
       
       
       
       
                                Ì231840{Î231840                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/15/2025 06:06 PM       .                                
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       Senator Ingoglia moved the following:
       
    1         Senate Substitute for Amendment (739236) (with title
    2  amendment)
    3  
    4         Before line 14
    5  insert:
    6         Section 1. Subsection (4) of section 316.305, Florida
    7  Statutes, is amended to read:
    8         316.305 Wireless communications devices; prohibition.—
    9         (4)(a) A Any person who violates paragraph (3)(a) commits a
   10  noncriminal traffic infraction, punishable as a moving nonmoving
   11  violation as provided in chapter 318, and shall have 3 points
   12  assessed against his or her driver license as set forth in s.
   13  322.27(3)(d)8.
   14         (b) A Any person who commits a second or subsequent
   15  violation of paragraph (3)(a) within 5 years after the date of a
   16  prior conviction for a violation of paragraph (3)(a) commits a
   17  noncriminal traffic infraction, punishable as a moving violation
   18  as provided in chapter 318, and shall have 4 points assessed
   19  against his or her driver license for the purposes of s. 322.27.
   20         (c) In lieu of the penalty specified in s. 318.18 and the
   21  assessment of points, a person who violates paragraph (3)(a) may
   22  elect to participate in a distracted driving safety program
   23  approved by the department. Upon the person’s completion of such
   24  program, the penalty specified in s. 318.18 and associated costs
   25  may be waived by the clerk of the court and the assessment of
   26  points must be waived.
   27         Section 2. Paragraph (a) of subsection (4) of section
   28  316.306, Florida Statutes, is amended to read:
   29         316.306 School and work zones; prohibition on the use of a
   30  wireless communications device in a handheld manner.—
   31         (4)(a) A Any person who violates this section commits a
   32  noncriminal traffic infraction, punishable as a moving
   33  violation, as provided in chapter 318, and shall have 3 points
   34  assessed against his or her driver license as set forth in s.
   35  322.27(3)(d)8. For a first offense under this section, In lieu
   36  of the penalty specified in s. 318.18 and the assessment of
   37  points, a person who violates this section may elect to
   38  participate in a distracted wireless communications device
   39  driving safety program approved by the Department of Highway
   40  Safety and Motor Vehicles. Upon the person’s completion of such
   41  program, the penalty specified in s. 318.18 and associated costs
   42  may be waived by the clerk of the court and the assessment of
   43  points must be waived.
   44         Section 3. Subsection (1) and paragraph (d) of subsection
   45  (6) of section 318.1451, Florida Statutes, are amended to read:
   46         318.1451 Driver improvement schools.—
   47         (1)(a) The department shall approve and regulate the
   48  courses of all driver improvement schools, as the courses relate
   49  to ss. 318.14(9), 322.0261, and 322.291, including courses that
   50  use technology as a delivery method.
   51         (b) The department shall create a 4-hour basic driver
   52  improvement course specifically related to distracted driving
   53  which must include, but need not be limited to, testimonials
   54  from people whose lives have been affected by death or injury
   55  caused by distracted driving and which driver improvement
   56  schools shall offer to persons electing to participate in a
   57  distracted driving safety program pursuant to s. 316.305(4)(c)
   58  or s. 316.306(4)(a).
   59         (6) The department shall adopt rules establishing and
   60  maintaining policies and procedures to implement the
   61  requirements of this section. These policies and procedures may
   62  include, but shall not be limited to, the following:
   63         (d) Course content.—The department shall set and modify
   64  course content requirements to keep current with laws and safety
   65  information. The department shall annually review changes made
   66  to major traffic laws of this state, including s. 316.126(1)(b),
   67  and shall require course content for courses referenced in this
   68  section to be modified in accordance with changes relevant to
   69  the courses. Course content includes all items used in the
   70  conduct of the course. All basic driver improvement courses must
   71  include at least 1 hour dedicated to distracted driving which
   72  must include, but need not be limited to, testimonials from
   73  people whose lives have been affected by death or injury caused
   74  by distracted driving.
   75  
   76  ================= T I T L E  A M E N D M E N T ================
   77  And the title is amended as follows:
   78         Delete lines 2 - 10
   79  and insert:
   80         An act relating to driver safety; amending s. 316.305,
   81         F.S.; revising penalties for the use of a wireless
   82         communications device while operating a motor vehicle;
   83         authorizing certain persons to participate in a
   84         distracted driving safety program approved by the
   85         Department of Highway Safety and Motor Vehicles;
   86         authorizing the waiver of certain penalties and
   87         associated costs, and requiring the waiver of the
   88         assessment of points, upon completion of such program;
   89         amending s. 316.306, F.S.; authorizing a person to
   90         participate in a distracted driving safety program,
   91         upon completion of which certain penalties and
   92         associated costs may, and the assessment of points
   93         must, be waived for certain offenses; amending s.
   94         318.1451, F.S.; requiring the department to create a
   95         specified driver improvement course related to
   96         distracted driving which driver improvement schools
   97         shall offer to certain persons; requiring basic driver
   98         improvement courses to include certain content
   99         relating to distracted driving; amending s. 322.095,
  100         F.S.; specifying the age at which an applicant for a
  101         driver license must complete a traffic law and
  102         substance abuse education course; amending s.
  103         322.1615, F.S.; requiring an applicant for a learner’s
  104         driver license to complete a certain driver education
  105         course approved by the department; providing an
  106         effective date.