| 1 | A bill to be entitled |
| 2 | An act relating to traffic safety; creating s. |
| 3 | 316.901, F.S.; directing a law enforcement officer who |
| 4 | observes a person committing a moving violation while |
| 5 | using a handheld mobile telecommunications device to |
| 6 | indicate on the citation that the person was using a |
| 7 | handheld mobile telecommunications device while |
| 8 | committing the violation and whether the violation |
| 9 | occurred within a school zone; requiring the person |
| 10 | cited to appear before a designated official; defining |
| 11 | the term "mobile telecommunications device"; amending |
| 12 | s. 318.14, F.S.; providing additional penalties for |
| 13 | any moving violation committed while using a handheld |
| 14 | mobile telecommunications device; amending s. 318.19, |
| 15 | F.S.; requiring a person cited for a moving violation |
| 16 | while using a handheld mobile telecommunications |
| 17 | device to appear before a designated official; |
| 18 | providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Section 316.901, Florida Statutes, is created |
| 23 | to read: |
| 24 | 316.901 Moving violation while using a handheld mobile |
| 25 | telecommunications device.-A law enforcement officer who |
| 26 | observes a person committing a moving violation while using a |
| 27 | handheld mobile telecommunications device shall cite the person |
| 28 | for the moving violation and indicate on the citation that the |
| 29 | person was using a handheld mobile telecommunications device |
| 30 | while committing the violation and whether the violation |
| 31 | occurred within a school zone. A person cited for a moving |
| 32 | violation while using a handheld mobile telecommunications |
| 33 | device must appear before a designated official and pay the |
| 34 | penalties prescribed pursuant to s. 318.14(5). For purposes of |
| 35 | this section, a "mobile telecommunications device" means a |
| 36 | wireless telephone or other device used to access the services |
| 37 | of a commercial mobile radio service for the purpose of sending |
| 38 | or receiving voice, text, or other data, including, but not |
| 39 | limited to, computer data, electronic mail, electronic messages, |
| 40 | games, music, images, and video. The term "mobile |
| 41 | telecommunications device" includes, but is not limited to, a |
| 42 | cellular telephone, cellular telephone accessory device, |
| 43 | computer, game machine, personal digital assistant, and text |
| 44 | messaging device, but does not include a pager as defined in 47 |
| 45 | C.F.R. s. 22.99. |
| 46 | Section 2. Subsection (5) of section 318.14, Florida |
| 47 | Statutes, is amended to read: |
| 48 | 318.14 Noncriminal traffic infractions; exception; |
| 49 | procedures.- |
| 50 | (5) Any person electing to appear before the designated |
| 51 | official or who is required so to appear shall be deemed to have |
| 52 | waived his or her right to the civil penalty provisions of s. |
| 53 | 318.18. The official, after a hearing, shall make a |
| 54 | determination as to whether an infraction has been committed. If |
| 55 | the commission of an infraction has been proven, the official |
| 56 | may impose a civil penalty not to exceed $500, except that in |
| 57 | cases involving unlawful speed in a school zone or involving |
| 58 | unlawful speed in a construction zone, the civil penalty may not |
| 59 | exceed $1,000; or require attendance at a driver improvement |
| 60 | school, or both. If the person is required to appear before the |
| 61 | designated official pursuant to s. 318.19(1) and is found to |
| 62 | have committed the infraction, the designated official shall |
| 63 | impose a civil penalty of $1,000 in addition to any other |
| 64 | penalties and the person's driver's license shall be suspended |
| 65 | for 6 months. If the person is required to appear before the |
| 66 | designated official pursuant to s. 318.19(2) and is found to |
| 67 | have committed the infraction, the designated official shall |
| 68 | impose a civil penalty of $500 in addition to any other |
| 69 | penalties and the person's driver's license shall be suspended |
| 70 | for 3 months. If the person is required to appear before the |
| 71 | designated official pursuant to s. 318.19(6) and is found to |
| 72 | have committed the infraction while using a handheld mobile |
| 73 | telecommunications device, the person shall pay $50 in addition |
| 74 | to the penalty imposed by the official and any other costs and |
| 75 | penalties imposed. If the person is required to appear before |
| 76 | the designated official pursuant to s. 318.19(6) and is found to |
| 77 | have committed the infraction while using a handheld mobile |
| 78 | telecommunications device within a school zone, the person shall |
| 79 | pay $100 in addition to the penalty imposed by the official and |
| 80 | any other costs and penalties imposed. If the official |
| 81 | determines that no infraction has been committed, no costs or |
| 82 | penalties shall be imposed and any costs or penalties that have |
| 83 | been paid shall be returned. |
| 84 | (a) Moneys received from the mandatory civil penalties |
| 85 | imposed pursuant to this subsection upon persons required to |
| 86 | appear before a designated official pursuant to s. 318.19(1) or |
| 87 | (2) shall be remitted to the Department of Revenue and deposited |
| 88 | into the Department of Health Emergency Medical Services Trust |
| 89 | Fund to provide financial support to certified trauma centers to |
| 90 | assure the availability and accessibility of trauma services |
| 91 | throughout the state. |
| 92 | (b) Funds deposited into the Emergency Medical Services |
| 93 | Trust Fund under this section shall be allocated as follows: |
| 94 | 1.(a) Fifty percent shall be allocated equally among all |
| 95 | Level I, Level II, and pediatric trauma centers in recognition |
| 96 | of readiness costs for maintaining trauma services. |
| 97 | 2.(b) Fifty percent shall be allocated among Level I, |
| 98 | Level II, and pediatric trauma centers based on each center's |
| 99 | relative volume of trauma cases as reported in the Department of |
| 100 | Health Trauma Registry. |
| 101 | Section 3. Subsections (4) and (5) of section 318.19, |
| 102 | Florida Statutes, are amended, and subsection (6) is added to |
| 103 | that section, to read: |
| 104 | 318.19 Infractions requiring a mandatory hearing.-Any |
| 105 | person cited for the infractions listed in this section shall |
| 106 | not have the provisions of s. 318.14(2), (4), and (9) available |
| 107 | to him or her but must appear before the designated official at |
| 108 | the time and location of the scheduled hearing: |
| 109 | (4) Any infraction of s. 316.520(1) or (2); or |
| 110 | (5) Any infraction of s. 316.183(2), s. 316.187, or s. |
| 111 | 316.189 of exceeding the speed limit by 30 m.p.h. or more; or |
| 112 | (6) Any moving violation under chapter 316 while using a |
| 113 | handheld mobile telecommunications device. |
| 114 | Section 4. This act shall take effect October 1, 2012. |