SB 994                                           First Engrossed
       
       
       
       
       
       
       
       
       2025994e1
       
    1                        A bill to be entitled                      
    2         An act relating to driver safety; amending s. 316.305,
    3         F.S.; revising penalties for the use of a wireless
    4         communications device while operating a motor vehicle;
    5         authorizing certain persons to participate in a
    6         distracted driving safety program approved by the
    7         Department of Highway Safety and Motor Vehicles;
    8         authorizing the waiver of certain penalties and
    9         associated costs, and requiring the waiver of the
   10         assessment of points, upon completion of such program;
   11         amending s. 316.306, F.S.; authorizing a person to
   12         participate in a distracted driving safety program,
   13         upon completion of which certain penalties and
   14         associated costs may, and the assessment of points
   15         must, be waived for certain offenses; amending s.
   16         318.1451, F.S.; requiring the department to create a
   17         specified driver improvement course related to
   18         distracted driving which driver improvement schools
   19         shall offer to certain persons; requiring basic driver
   20         improvement courses to include certain content
   21         relating to distracted driving; amending s. 322.095,
   22         F.S.; specifying the age at which an applicant for a
   23         driver license must complete a traffic law and
   24         substance abuse education course; amending s.
   25         322.1615, F.S.; requiring an applicant for a learner’s
   26         driver license to complete a certain driver education
   27         course approved by the department; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (4) of section 316.305, Florida
   33  Statutes, is amended to read:
   34         316.305 Wireless communications devices; prohibition.—
   35         (4)(a) A Any person who violates paragraph (3)(a) commits a
   36  noncriminal traffic infraction, punishable as a moving nonmoving
   37  violation as provided in chapter 318, and shall have 3 points
   38  assessed against his or her driver license as set forth in s.
   39  322.27(3)(d)8.
   40         (b) A Any person who commits a second or subsequent
   41  violation of paragraph (3)(a) within 5 years after the date of a
   42  prior conviction for a violation of paragraph (3)(a) commits a
   43  noncriminal traffic infraction, punishable as a moving violation
   44  as provided in chapter 318, and shall have 4 points assessed
   45  against his or her driver license for the purposes of s. 322.27.
   46         (c) In lieu of the penalty specified in s. 318.18 and the
   47  assessment of points, a person who violates paragraph (3)(a) may
   48  elect to participate in a distracted driving safety program
   49  approved by the department. Upon the person’s completion of such
   50  program, the penalty specified in s. 318.18 and associated costs
   51  may be waived by the clerk of the court and the assessment of
   52  points must be waived.
   53         Section 2. Paragraph (a) of subsection (4) of section
   54  316.306, Florida Statutes, is amended to read:
   55         316.306 School and work zones; prohibition on the use of a
   56  wireless communications device in a handheld manner.—
   57         (4)(a) A Any person who violates this section commits a
   58  noncriminal traffic infraction, punishable as a moving
   59  violation, as provided in chapter 318, and shall have 3 points
   60  assessed against his or her driver license as set forth in s.
   61  322.27(3)(d)8. For a first offense under this section, In lieu
   62  of the penalty specified in s. 318.18 and the assessment of
   63  points, a person who violates this section may elect to
   64  participate in a distracted wireless communications device
   65  driving safety program approved by the Department of Highway
   66  Safety and Motor Vehicles. Upon the person’s completion of such
   67  program, the penalty specified in s. 318.18 and associated costs
   68  may be waived by the clerk of the court and the assessment of
   69  points must be waived.
   70         Section 3. Subsection (1) and paragraph (d) of subsection
   71  (6) of section 318.1451, Florida Statutes, are amended to read:
   72         318.1451 Driver improvement schools.—
   73         (1)(a) The department shall approve and regulate the
   74  courses of all driver improvement schools, as the courses relate
   75  to ss. 318.14(9), 322.0261, and 322.291, including courses that
   76  use technology as a delivery method.
   77         (b) The department shall create a 4-hour basic driver
   78  improvement course specifically related to distracted driving
   79  which must include, but need not be limited to, testimonials
   80  from people whose lives have been affected by death or injury
   81  caused by distracted driving and which driver improvement
   82  schools shall offer to persons electing to participate in a
   83  distracted driving safety program pursuant to s. 316.305(4)(c)
   84  or s. 316.306(4)(a).
   85         (6) The department shall adopt rules establishing and
   86  maintaining policies and procedures to implement the
   87  requirements of this section. These policies and procedures may
   88  include, but shall not be limited to, the following:
   89         (d) Course content.—The department shall set and modify
   90  course content requirements to keep current with laws and safety
   91  information. The department shall annually review changes made
   92  to major traffic laws of this state, including s. 316.126(1)(b),
   93  and shall require course content for courses referenced in this
   94  section to be modified in accordance with changes relevant to
   95  the courses. Course content includes all items used in the
   96  conduct of the course. All basic driver improvement courses must
   97  include at least 1 hour dedicated to distracted driving which
   98  must include, but need not be limited to, testimonials from
   99  people whose lives have been affected by death or injury caused
  100  by distracted driving.
  101         Section 4. Subsection (1) of section 322.095, Florida
  102  Statutes, is amended to read:
  103         322.095 Traffic law and substance abuse education program
  104  for driver license applicants.—
  105         (1) Each applicant for a driver license who is 18 years of
  106  age or older must complete a traffic law and substance abuse
  107  education course, unless the applicant has been licensed in
  108  another jurisdiction or has satisfactorily completed a
  109  Department of Education driver education course offered pursuant
  110  to s. 1003.48.
  111         Section 5. Subsection (1) of section 322.1615, Florida
  112  Statutes, is amended to read:
  113         322.1615 Learner’s driver license.—
  114         (1) The department may issue a learner’s driver license to
  115  a person who is at least 15 years of age and who:
  116         (a) Has passed the written examination for a learner’s
  117  driver license;
  118         (b) Has passed the vision and hearing examination
  119  administered under s. 322.12;
  120         (c) Has satisfactorily completed a driver education course
  121  approved by the department which meets or exceeds the Department
  122  of Education Driver Education/Traffic Safety-Classroom 1900300
  123  current course description the traffic law and substance abuse
  124  education course prescribed in s. 322.095; and
  125         (d) Meets all other requirements set forth in law and by
  126  rule of the department.
  127         Section 6. This act shall take effect July 1, 2025.