Florida Senate - 2017 SB 1742
By Senator Rodriguez
37-01047A-17 20171742__
1 A bill to be entitled
2 An act relating to texting while driving; amending s.
3 316.305, F.S.; revising legislative intent; revising
4 penalties for violations of the Florida Ban on Texting
5 While Driving Law; providing enhanced penalties for
6 such violations when committed in a school zone or
7 school crossing; requiring each law enforcement agency
8 in this state to adopt policies to prohibit the
9 practice of racial profiling in the enforcement of
10 this section; removing a requirement that specified
11 provisions be enforced as a secondary action by a law
12 enforcement agency; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (d) of subsection (2) of section
17 316.305, Florida Statutes, is amended, subsection (3) of that
18 section is reenacted, and subsections (4) and (5) of that
19 section are amended, to read:
20 316.305 Wireless communications devices; prohibition.—
21 (2) It is the intent of the Legislature to:
22 (d) Authorize law enforcement officers to stop motor
23 vehicles and issue citations as a secondary offense to persons
24 who are texting while driving.
25 (3)(a) A person may not operate a motor vehicle while
26 manually typing or entering multiple letters, numbers, symbols,
27 or other characters into a wireless communications device or
28 while sending or reading data on such a device for the purpose
29 of nonvoice interpersonal communication, including, but not
30 limited to, communication methods known as texting, e-mailing,
31 and instant messaging. As used in this section, the term
32 “wireless communications device” means any handheld device used
33 or capable of being used in a handheld manner, that is designed
34 or intended to receive or transmit text or character-based
35 messages, access or store data, or connect to the Internet or
36 any communications service as defined in s. 812.15 and that
37 allows text communications. For the purposes of this paragraph,
38 a motor vehicle that is stationary is not being operated and is
39 not subject to the prohibition in this paragraph.
40 (b) Paragraph (a) does not apply to a motor vehicle
41 operator who is:
42 1. Performing official duties as an operator of an
43 authorized emergency vehicle as defined in s. 322.01, a law
44 enforcement or fire service professional, or an emergency
45 medical services professional.
46 2. Reporting an emergency or criminal or suspicious
47 activity to law enforcement authorities.
48 3. Receiving messages that are:
49 a. Related to the operation or navigation of the motor
50 vehicle;
51 b. Safety-related information, including emergency,
52 traffic, or weather alerts;
53 c. Data used primarily by the motor vehicle; or
54 d. Radio broadcasts.
55 4. Using a device or system for navigation purposes.
56 5. Conducting wireless interpersonal communication that
57 does not require manual entry of multiple letters, numbers, or
58 symbols, except to activate, deactivate, or initiate a feature
59 or function.
60 6. Conducting wireless interpersonal communication that
61 does not require reading text messages, except to activate,
62 deactivate, or initiate a feature or function.
63 7. Operating an autonomous vehicle, as defined in s.
64 316.003, in autonomous mode.
65 (c) Only in the event of a crash resulting in death or
66 personal injury, a user’s billing records for a wireless
67 communications device or the testimony of or written statements
68 from appropriate authorities receiving such messages may be
69 admissible as evidence in any proceeding to determine whether a
70 violation of paragraph (a) has been committed.
71 (4)(a) A Any person who violates paragraph (3)(a) commits a
72 noncriminal traffic infraction, punishable as a nonmoving
73 violation as provided in chapter 318. For a violation committed
74 in a legally posted school zone or designated school crossing,
75 the amount of the fine prescribed for the violation shall be
76 doubled.
77 (b) A Any person who commits a second or subsequent
78 violation of paragraph (3)(a) within 5 years after the date of a
79 prior conviction for a violation of paragraph (3)(a) commits a
80 noncriminal traffic infraction, punishable as a moving violation
81 as provided in chapter 318. For a violation committed in a
82 legally posted school zone or designated school crossing,
83 regardless of where the violation with respect to a prior
84 conviction was committed, the amount of the fine prescribed for
85 the violation shall be doubled.
86 (5) Each law enforcement agency in this state shall adopt
87 policies to prohibit the practice of racial profiling in the
88 enforcement of this section Enforcement of this section by state
89 or local law enforcement agencies must be accomplished only as a
90 secondary action when an operator of a motor vehicle has been
91 detained for a suspected violation of another provision of this
92 chapter, chapter 320, or chapter 322.
93 Section 2. This act shall take effect July 1, 2017.