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.