HB 299

1	A bill to be entitled
2	An act relating to the use of wireless communications
3	devices while driving; creating s. 316.305, F.S.;
4	creating the "Florida Ban on Texting While Driving
5	Law"; providing legislative intent; prohibiting the
6	operation of a motor vehicle while using a wireless
7	communications device for certain purposes; providing
8	a definition; providing exceptions; specifying
9	information that is admissible as evidence of a
10	violation; providing penalties; providing for
11	enforcement as a secondary action; amending s. 322.27,
12	F.S.; providing for points to be assessed against a
13	driver's license for the unlawful use of a wireless
14	communications device resulting in a crash; providing
15	an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 316.305, Florida Statutes, is created
20	to read:
21	316.305  Wireless communications devices; prohibition.-
22	(1)  This section may be cited as the "Florida Ban on
23	Texting While Driving Law."
24	(2)  It is the intent of the Legislature to:
25	(a)  Improve roadway safety for all vehicle operators,
26	vehicle passengers, bicyclists, pedestrians, and other road
27	users.
28	(b)  Prevent crashes related to the act of text messaging
29	while driving a motor vehicle.
30	(c)  Reduce injuries, deaths, property damage, health care
31	costs, health insurance rates, and automobile insurance rates
32	related to motor vehicle crashes.
33	(d)  Authorize law enforcement officers to stop motor
34	vehicles and issue citations as a secondary offense to persons
35	who are texting while driving.
36	(3)(a)  A person may not operate a motor vehicle while
37	manually typing or entering multiple letters, numbers, symbols,
38	or other characters into a wireless communications device or
39	while sending or reading data in such a device for the purpose
40	of nonvoice interpersonal communication, including, but not
41	limited to, communication methods known as texting, e-mailing,
42	and instant messaging. As used in this section, the term
43	"wireless communications device" means any device that is
44	designed or intended to receive or transmit text or character-
45	based messages, access or store data, or connect to the Internet
46	or any communications service as defined in s. 812.15 and that
47	allows text communications. A motor vehicle that is legally
48	parked is not being operated and is not subject to the
49	prohibition in this paragraph.
50	(b)  This subsection does not apply to a motor vehicle
51	operator who is:
52	1.  Performing official duties as an operator of an
53	authorized emergency vehicle as defined in s. 322.01, a law
54	enforcement or fire service professional, or an emergency
55	medical services professional.
56	2.  Reporting an emergency or criminal or suspicious
57	activity to law enforcement authorities.
58	3.  Receiving messages that are:
59	a.  Related to the operation or navigation of the motor
60	vehicle;
61	b.  Safety-related information, including emergency,
62	traffic, or weather alerts;
63	c.  Data used primarily by the motor vehicle; or
64	d.  Radio broadcasts.
65	4.  Using a device or system for navigation purposes.
66	5.  Conducting wireless interpersonal communication that
67	does not require manual entry of multiple letters, numbers, or
68	symbols or reading text messages, except to activate,
69	deactivate, or initiate a feature or function.
70	(c)  A user's billing records for a wireless communications
71	device or the testimony of or written statements from
72	appropriate authorities receiving such messages may be
73	admissible as evidence in any proceeding to determine whether a
74	violation of this section has been committed.
75	(4)(a)  Any person who violates subsection (3) commits a
76	noncriminal traffic infraction, punishable as a nonmoving
77	violation as provided in chapter 318.
78	(b)  Any person who commits a second or subsequent
79	violation of subsection (3) within 5 years after the date of a
80	prior conviction for a violation of subsection (3) commits a
81	noncriminal traffic infraction, punishable as a moving violation
82	as provided in chapter 318.
83	(5)  Enforcement of this section by state or local law
84	enforcement agencies must be accomplished only as a secondary
85	action when an operator of a motor vehicle has been detained for
86	a suspected violation of another provision of this chapter,
87	chapter 320, or chapter 322.
88	Section 2.  Paragraph (d) of subsection (3) of section
89	322.27, Florida Statutes, is amended to read:
90	322.27  Authority of department to suspend or revoke
91	license.-
92	(3)  There is established a point system for evaluation of
93	convictions of violations of motor vehicle laws or ordinances,
94	and violations of applicable provisions of s. 403.413(6)(b) when
95	such violations involve the use of motor vehicles, for the
96	determination of the continuing qualification of any person to
97	operate a motor vehicle. The department is authorized to suspend
98	the license of any person upon showing of its records or other
99	good and sufficient evidence that the licensee has been
100	convicted of violation of motor vehicle laws or ordinances, or
101	applicable provisions of s. 403.413(6)(b), amounting to 12 or
102	more points as determined by the point system. The suspension
103	shall be for a period of not more than 1 year.
104	(d)  The point system shall have as its basic element a
105	graduated scale of points assigning relative values to
106	convictions of the following violations:
107	1.  Reckless driving, willful and wanton-4 points.
108	2.  Leaving the scene of a crash resulting in property
109	damage of more than $50-6 points.
110	3.  Unlawful speed, or unlawful use of a wireless
111	communications device, resulting in a crash-6 points.
112	4.  Passing a stopped school bus-4 points.
113	5.  Unlawful speed:
114	a.  Not in excess of 15 miles per hour of lawful or posted
115	speed-3 points.
116	b.  In excess of 15 miles per hour of lawful or posted
117	speed-4 points.
118	6.  A violation of a traffic control signal device as
119	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
120	However, no points shall be imposed for a violation of s.
121	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
122	stop at a traffic signal and when enforced by a traffic
123	infraction enforcement officer. In addition, a violation of s.
124	316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
125	stop at a traffic signal and when enforced by a traffic
126	infraction enforcement officer may not be used for purposes of
127	setting motor vehicle insurance rates.
128	7.  All other moving violations (including parking on a
129	highway outside the limits of a municipality)-3 points. However,
130	no points shall be imposed for a violation of s. 316.0741 or s.
131	316.2065(12); and points shall be imposed for a violation of s.
132	316.1001 only when imposed by the court after a hearing pursuant
133	to s. 318.14(5).
134	8.  Any moving violation covered in this paragraph above,
135	excluding unlawful speed and unlawful use of a wireless
136	communications device, resulting in a crash-4 points.
137	9.  Any conviction under s. 403.413(6)(b)-3 points.
138	10.  Any conviction under s. 316.0775(2)-4 points.
139	Section 3.  This act shall take effect October 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.