Florida Senate - 2018 SB 72
By Senator Garcia
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 legislative intent relating to the
5 authorization of law enforcement officers to stop
6 motor vehicles and issue citations to persons who are
7 texting while driving; requiring deposit of fines into
8 the Emergency Medical Services Trust Fund; deleting a
9 provision requiring that enforcement of the Florida
10 Ban on Texting While Driving Law be accomplished only
11 as a secondary action; providing an effective date.
13 Be It Enacted by the Legislature of the State of Florida:
15 Section 1. Paragraph (d) of subsection (2) and subsection
16 (5) of section 316.305, Florida Statutes, are amended to read:
17 316.305 Wireless communications devices; prohibition.—
18 (2) It is the intent of the Legislature to:
19 (d) Authorize law enforcement officers to stop motor
20 vehicles and issue citations
as a secondary offense to persons
21 who are texting while driving.
22 (5) Notwithstanding s. 318.21, all proceeds collected
23 pursuant to s. 318.18 for a violation of this section shall be
24 remitted to the Department of Revenue for deposit into the
25 Emergency Medical Services Trust Fund of the Department of
26 Health Enforcement of this section by state or local law
27 enforcement agencies must be accomplished only as a secondary
28 action when an operator of a motor vehicle has been detained for
29 a suspected violation of another provision of this chapter,
30 chapter 320, or chapter 322.
31 Section 2. This act shall take effect October 1, 2018.