Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 90
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    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; requiring a law enforcement
   12         officer to inform a person who is stopped for texting
   13         while driving of the person’s right to decline a
   14         search of his or her wireless communications device;
   15         requiring a law enforcement officer to record the race
   16         and ethnicity of a violator when issuing a citation
   17         for a violation of this section; requiring all law
   18         enforcement agencies to maintain such information and
   19         forward the information to the Department of Highway
   20         Safety and Motor Vehicles in a form and manner
   21         determined by the department; beginning on a specified
   22         date, requiring the department to annually report the
   23         data to the Governor and Legislature; providing
   24         requirements for the report; providing an effective
   25         date.
   27  Be It Enacted by the Legislature of the State of Florida:
   29         Section 1. Paragraph (d) of subsection (2) and subsection
   30  (5) of section 316.305, Florida Statutes, are amended, and
   31  subsections (6) and (7) are added to that section, to read:
   32         316.305 Wireless communications devices; prohibition.—
   33         (2) It is the intent of the Legislature to:
   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.
   37         (5) Notwithstanding s. 318.21, all proceeds collected
   38  pursuant to s. 318.18 for a violation of this section shall be
   39  remitted to the Department of Revenue for deposit into the
   40  Emergency Medical Services Trust Fund of the Department of
   41  Health Enforcement of this section by state or local law
   42  enforcement agencies must be accomplished only as a secondary
   43  action when an operator of a motor vehicle has been detained for
   44  a suspected violation of another provision of this chapter,
   45  chapter 320, or chapter 322.
   46         (6)A law enforcement officer shall inform a person who is
   47  stopped for texting while driving of the person’s right to
   48  decline a search of his or her wireless communications device.
   49         (7) When a law enforcement officer issues a citation for a
   50  violation of this section, the law enforcement officer must
   51  record the race and ethnicity of the violator. All law
   52  enforcement agencies must maintain such information and report
   53  the information to the department in a form and manner
   54  determined by the department. Beginning February 1, 2019, the
   55  department shall annually report the data collected under this
   56  subsection to the Governor, the President of the Senate, and the
   57  Speaker of the House of Representatives. The data collected must
   58  be reported at least by statewide totals for local law
   59  enforcement agencies, state law enforcement agencies, and state
   60  university law enforcement agencies. The statewide total for
   61  local law enforcement agencies shall combine the data for the
   62  county sheriffs and the municipal law enforcement agencies.
   63         Section 2. This act shall take effect October 1, 2018.