Florida Senate - 2025 SENATOR AMENDMENT
Bill No. SB 994
Ì7392368Î739236
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RS/2R .
04/15/2025 06:06 PM .
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Senator Ingoglia moved the following:
1 Senate Amendment (with title amendment)
2
3 Before line 14
4 insert:
5 Section 1. Subsection (4) of section 316.305, Florida
6 Statutes, is amended to read:
7 316.305 Wireless communications devices; prohibition.—
8 (4)(a) A Any person who violates paragraph (3)(a) commits a
9 noncriminal traffic infraction, punishable as a moving nonmoving
10 violation as provided in chapter 318, and shall have 3 points
11 assessed against his or her driver license as set forth in s.
12 322.27(3)(d)8.
13 (b) A Any person who commits a second or subsequent
14 violation of paragraph (3)(a) within 5 years after the date of a
15 prior conviction for a violation of paragraph (3)(a) commits a
16 noncriminal traffic infraction, punishable as a moving violation
17 as provided in chapter 318, and shall have 4 points assessed
18 against his or her driver license for the purposes of s. 322.27.
19 (c) In lieu of the penalty specified in s. 318.18 and the
20 assessment of points, a person who violates paragraph (3)(a) may
21 elect to participate in a distracted driving safety program
22 approved by the department. Upon the person’s completion of such
23 program, the penalty specified in s. 318.18 and associated costs
24 may be waived by the clerk of the court and the assessment of
25 points must be waived.
26 Section 2. Subsection (4) of section 316.306, Florida
27 Statutes, is amended to read:
28 316.306 School and work zones; prohibition on the use of a
29 wireless communications device in a handheld manner.—
30 (4)(a) A Any person who violates this section commits a
31 noncriminal traffic infraction, punishable as a moving
32 violation, as provided in chapter 318, and shall have 3 points
33 assessed against his or her driver license as set forth in s.
34 322.27(3)(d)8. For a first offense under this section, In lieu
35 of the penalty specified in s. 318.18 and the assessment of
36 points, a person who violates this section may elect to
37 participate in a distracted wireless communications device
38 driving safety program approved by the Department of Highway
39 Safety and Motor Vehicles. Upon the person’s completion of such
40 program, the penalty specified in s. 318.18 and associated costs
41 may be waived by the clerk of the court and the assessment of
42 points must be waived.
43 (b) The clerk of the court may dismiss a case and assess
44 court costs in accordance with s. 318.18(12)(a) for a nonmoving
45 traffic infraction for a person who is cited for a first time
46 violation of this section if the person shows the clerk proof of
47 purchase of equipment that enables his or her personal wireless
48 communications device to be used in a hands-free manner.
49 Section 3. Subsection (1) of section 318.1451, Florida
50 Statutes, is amended to read:
51 318.1451 Driver improvement schools.—
52 (1)(a) The department shall approve and regulate the
53 courses of all driver improvement schools, as the courses relate
54 to ss. 318.14(9), 322.0261, and 322.291, including courses that
55 use technology as a delivery method.
56 (b) The department shall create a 4-hour basic driver
57 improvement course specifically related to distracted driving
58 which must include, but need not be limited to, testimonials
59 from people whose lives have been affected by death or injury
60 caused by distracted driving and which driver improvement
61 schools shall offer to persons electing to participate in a
62 distracted driving safety program pursuant to s. 316.305(4)(c)
63 or s. 316.306(4)(a).
64
65 ================= T I T L E A M E N D M E N T ================
66 And the title is amended as follows:
67 Delete lines 2 - 10
68 and insert:
69 An act relating to driver safety; amending s. 316.305,
70 F.S.; revising penalties for the use of a wireless
71 communications device while operating a motor vehicle;
72 authorizing certain persons to participate in a
73 distracted driving safety program approved by the
74 Department of Highway Safety and Motor Vehicles;
75 authorizing the waiver of certain penalties and
76 associated costs, and requiring the waiver of the
77 assessment of points, upon completion of such program;
78 amending s. 316.306, F.S.; authorizing a person to
79 participate in a distracted driving safety program,
80 upon completion of which certain penalties and
81 associated costs may, and the assessment of points
82 must, be waived for certain offenses; amending s.
83 318.1451, F.S.; requiring the department to create a
84 specified driver improvement course related to
85 distracted driving which driver improvement schools
86 shall offer to certain persons; amending s. 322.095,
87 F.S.; specifying the age at which an applicant for a
88 driver license must complete a traffic law and
89 substance abuse education course; amending s.
90 322.1615, F.S.; requiring an applicant for a learner’s
91 driver license to complete a certain driver education
92 course approved by the department; providing an
93 effective date.