Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for CS for SB 76
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Simpson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective October 1, 2019, section 316.305,
    6  Florida Statutes, is amended to read:
    7         316.305 Wireless communications devices; prohibition.—
    8         (1) This section may be cited as the “Florida Hands-Free
    9  Ban on Texting While Driving Law.”
   10         (2) For purposes of this section, the term “wireless
   11  communications device” means any handheld device that is
   12  designed or intended to allow two-way voice communication, to
   13  receive or transmit text-based or character-based messages, to
   14  record or view images, to access or store data, or to connect to
   15  the Internet or to any communications service, as defined in s.
   16  812.15, or that allows text communications. The term includes,
   17  but is not limited to, a cell phone, a tablet, a laptop, a two
   18  way messaging device, or an electronic game that is used or
   19  capable of being used in a handheld manner. The term does not
   20  include a safety, security, or convenience feature built into a
   21  motor vehicle which does not require the use of a handheld
   22  device.
   23         (3)(2) It is the intent of the Legislature to:
   24         (a) Improve roadway safety for all vehicle operators,
   25  vehicle passengers, bicyclists, pedestrians, and other road
   26  users.
   27         (b) Prevent crashes related to the act of driving while
   28  using a wireless communications device when operating text
   29  messaging while driving a motor vehicle while the vehicle is in
   30  motion.
   31         (c) Reduce injuries, deaths, property damage, health care
   32  costs, health insurance rates, and automobile insurance rates
   33  related to motor vehicle crashes.
   34         (d) Authorize law enforcement officers to stop motor
   35  vehicles and issue citations as a secondary offense to persons
   36  who are texting while driving while using a wireless
   37  communications device as provided in subsection (4).
   38         (4)(3)(a)1. A person may not operate a motor vehicle while
   39  using a wireless communications device while manually typing or
   40  entering multiple letters, numbers, symbols, or other characters
   41  into a wireless communications device or while sending or
   42  reading data on such a device for the purpose of nonvoice
   43  interpersonal communication, including, but not limited to,
   44  communication methods known as texting, e-mailing, and instant
   45  messaging. As used in this section, the term “wireless
   46  communications device” means any handheld device used or capable
   47  of being used in a handheld manner, that is designed or intended
   48  to receive or transmit text or character-based messages, access
   49  or store data, or connect to the Internet or any communications
   50  service as defined in s. 812.15 and that allows text
   51  communications. For the purposes of this paragraph, a motor
   52  vehicle that is stationary is not being operated and is not
   53  subject to the prohibition in this paragraph.
   54         2.a. During the period from October 1, 2019, through
   55  December 31, 2019, a law enforcement officer may stop motor
   56  vehicles to issue verbal or written warnings to persons who are
   57  driving while using a wireless communications device for the
   58  purposes of informing and educating such persons of this
   59  section. This sub-subparagraph shall stand repealed on October
   60  1, 2020.
   61         b. Effective January 1, 2020, a law enforcement officer may
   62  stop motor vehicles and issue citations to persons who are
   63  driving while using a wireless communications device.
   64         (b) Paragraph (a) does not apply to a motor vehicle
   65  operator who is:
   66         1. Performing official duties as an operator of an
   67  authorized emergency vehicle as defined in s. 322.01, a law
   68  enforcement or fire service professional, or an emergency
   69  medical services professional.
   70         2. Reporting an emergency or criminal or suspicious
   71  activity to law enforcement authorities.
   72         3. Receiving messages that are:
   73         a. Related to the operation or navigation of the motor
   74  vehicle;
   75         b. Safety-related information, including emergency,
   76  traffic, or weather alerts;
   77         c. Data used primarily by the motor vehicle; or
   78         d. Radio broadcasts.
   79         4. Using a device or system in a hands-free manner for
   80  navigation purposes.
   81         5. Using a wireless communications device hands-free or
   82  hands-free in voice-operated mode, including, but not limited
   83  to, a factory-installed or after-market Bluetooth device
   84  Conducting wireless interpersonal communication that does not
   85  require manual entry of multiple letters, numbers, or symbols,
   86  except to activate, deactivate, or initiate a feature or
   87  function.
   88         6. Conducting wireless interpersonal communication that
   89  does not require reading text messages, except to activate,
   90  deactivate, or initiate a feature or function.
   91         6.7. Operating an autonomous vehicle, as defined in s.
   92  316.003, in autonomous mode.
   93         (c) Only in the event of a crash resulting in death or
   94  serious bodily injury, as defined in s. 316.027 personal injury,
   95  a user’s billing records for a wireless communications device or
   96  the testimony of or written statements from appropriate
   97  authorities receiving such messages may be admissible as
   98  evidence in any proceeding to determine whether a violation of
   99  subparagraph (a)1. paragraph (a) has been committed.
  100         (d) Law enforcement officers must indicate the type of
  101  wireless communications device in the comment section of the
  102  uniform traffic citation.
  103         (5)(4)(a) Any person who violates this section commits a
  104  noncriminal traffic infraction, punishable as a moving
  105  violation, as provided in chapter 318, and shall have 3 points
  106  assessed against his or her driver license as set forth in s.
  107  322.27(3)(d)7. For a first offense under this section, in lieu
  108  of the penalty specified in s. 318.18 and the assessment of
  109  points, a person who violates this section may elect to
  110  participate in a wireless communications device driving safety
  111  program approved by the Department of Highway Safety and Motor
  112  Vehicles. Upon completion of such program, the penalty specified
  113  in s. 318.18 and associated costs may be waived by the clerk of
  114  the court and the assessment of points must be waived Any person
  115  who violates paragraph (3)(a) commits a noncriminal traffic
  116  infraction, punishable as a nonmoving violation as provided in
  117  chapter 318.
  118         (b) The clerk of the court may dismiss a case and assess
  119  court costs in accordance with s. 318.18(11)(a) for a nonmoving
  120  traffic infraction for a person who is cited for a first time
  121  violation of this section if the person shows the clerk proof of
  122  purchase of equipment that enables his or her personal wireless
  123  communications device to be used in a hands-free manner Any
  124  person who commits a second or subsequent violation of paragraph
  125  (3)(a) within 5 years after the date of a prior conviction for a
  126  violation of paragraph (3)(a) commits a noncriminal traffic
  127  infraction, punishable as a moving violation as provided in
  128  chapter 318.
  129         (6)(5)Notwithstanding s. 318.21, all proceeds collected
  130  pursuant to s. 318.18 for violations of this section must be
  131  remitted to the Department of Revenue for deposit into the
  132  Emergency Medical Services Trust Fund of the Department of
  133  Health Enforcement of this section by state or local law
  134  enforcement agencies must be accomplished only as a secondary
  135  action when an operator of a motor vehicle has been detained for
  136  a suspected violation of another provision of this chapter,
  137  chapter 320, or chapter 322.
  138         (7) When a law enforcement officer issues a citation for a
  139  violation of this section, the law enforcement officer must
  140  record the race and ethnicity of the violator. All law
  141  enforcement agencies must maintain such information and must
  142  report such information to the department in a form and manner
  143  determined by the department. Beginning February 1, 2020, the
  144  department shall annually report the data collected under this
  145  subsection to the Governor, the President of the Senate, and the
  146  Speaker of the House of Representatives. The data collected must
  147  be reported at least by statewide totals for local law
  148  enforcement agencies, state law enforcement agencies, and state
  149  university law enforcement agencies. The statewide total for
  150  local law enforcement agencies must combine the data for the
  151  county sheriffs and the municipal law enforcement agencies.
  152         Section 2. (1) The Department of Highway Safety and Motor
  153  Vehicles, in consultation with the Department of Transportation,
  154  may implement a statewide campaign to raise awareness of and
  155  encourage compliance with s. 316.305, Florida Statutes. The
  156  Department of Highway Safety and Motor Vehicles may use
  157  television messaging, radio broadcasts, print media, digital
  158  strategies, social media, and any other form of messaging deemed
  159  necessary and appropriate by the department to implement the
  160  campaign.
  161         (2) The Department of Highway Safety and Motor Vehicles may
  162  contract with counties, local law enforcement agencies, safety
  163  councils, and public schools to assist with planning and
  164  conducting the statewide campaign.
  165         Section 3. Except as otherwise expressly provided in this
  166  act, this act shall take effect July 1, 2019.
  167  
  168  ================= T I T L E  A M E N D M E N T ================
  169  And the title is amended as follows:
  170         Delete everything before the enacting clause
  171  and insert:
  172                        A bill to be entitled                      
  173         An act relating to driving while using a wireless
  174         communications device; amending s. 316.305, F.S.;
  175         revising a short title; redefining the term “wireless
  176         communications device”; revising legislative intent;
  177         prohibiting a person from operating a motor vehicle
  178         while using a wireless communications device;
  179         authorizing a law enforcement officer during a
  180         specified period to stop motor vehicles to issue
  181         warnings to persons who are driving while using a
  182         wireless communications device; providing for repeal
  183         of that authorization; authorizing a law enforcement
  184         officer, on and after a specified date, to stop motor
  185         vehicles and issue citations to persons who are
  186         driving while using a wireless communications device;
  187         revising exceptions to such prohibition; providing
  188         that a user’s billing records for a wireless
  189         communications device or the testimony of or written
  190         statements from certain authorities are admissible as
  191         evidence in crashes involving serious bodily injury;
  192         requiring that law enforcement officers indicate
  193         specified information in the uniform traffic citation;
  194         providing penalties for driving while using a wireless
  195         communications device; authorizing first-time
  196         offenders to participate in a wireless communications
  197         device driving safety program, in lieu of the
  198         imposition of penalties; authorizing a clerk of the
  199         court to dismiss a case and assess court costs under
  200         certain circumstances; requiring the deposit of fines
  201         into the Emergency Medical Services Trust Fund of the
  202         Department of Health; deleting a provision requiring
  203         that enforcement be accomplished only as a secondary
  204         action; requiring law enforcement officers to record
  205         the race and ethnicity of violators when issuing a
  206         citation for a violation of this section; requiring
  207         all law enforcement agencies to maintain such
  208         information and report it to the Department of Highway
  209         Safety and Motor Vehicles in a form and manner
  210         determined by the department; beginning on a specified
  211         date, requiring the department to annually report the
  212         data to the Governor and Legislature; providing
  213         requirements for the report; authorizing the
  214         department, in consultation with the Department of
  215         Transportation, to implement a statewide campaign to
  216         raise awareness of and encourage compliance with the
  217         prohibition on operating a motor vehicle while using a
  218         wireless communications device; authorizing the
  219         department to use certain messaging to implement the
  220         campaign; authorizing the department to contract with
  221         certain entities for certain purposes; providing
  222         effective dates.