Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 90
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  10/24/2017           .                                

       The Committee on Communications, Energy, and Public Utilities
       (Clemens) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1), paragraphs (b) and (d) of
    6  subsection (2), and subsections (3) and (5) of section 316.305,
    7  Florida Statutes, are amended to read:
    8         316.305 Wireless communications devices; prohibition.—
    9         (1) This section may be cited as the “Florida Ban on
   10  Wireless Communications Devices Texting While Driving Law.”
   11         (2) It is the intent of the Legislature to:
   12         (b) Prevent crashes related to the act of using a wireless
   13  communications device text messaging while driving a motor
   14  vehicle.
   15         (d) Authorize law enforcement officers to stop motor
   16  vehicles and issue citations as a secondary offense to persons
   17  who are using a wireless communications device texting while
   18  driving.
   19         (3)(a) A person may not operate a motor vehicle while
   20  manually typing or entering multiple letters, numbers, symbols,
   21  or other characters into a wireless communications device or
   22  while sending or reading data or listening or talking on such a
   23  device for the purpose of nonvoice or voice interpersonal
   24  communication, including, but not limited to, communication
   25  methods known as texting, e-mailing, and instant messaging. As
   26  used in this section, the term “wireless communications device”
   27  means any handheld device used or capable of being used in a
   28  handheld manner, that is designed or intended to receive or
   29  transmit text or character-based messages, access or store data,
   30  or connect to the Internet or any communications service as
   31  defined in s. 812.15 and that allows text and voice
   32  communications. For the purposes of this paragraph, a motor
   33  vehicle that is stationary is not being operated and is not
   34  subject to the prohibition in this paragraph.
   35         (b) Paragraph (a) does not apply to a motor vehicle
   36  operator who is:
   37         1. Performing official duties as an operator of an
   38  authorized emergency vehicle as defined in s. 322.01, a law
   39  enforcement or fire service professional, or an emergency
   40  medical services professional.
   41         2. Reporting an emergency or criminal or suspicious
   42  activity to law enforcement authorities.
   43         3. Receiving messages that are:
   44         a. Related to the operation or navigation of the motor
   45  vehicle;
   46         b. Safety-related information, including emergency,
   47  traffic, or weather alerts;
   48         c. Data used primarily by the motor vehicle; or
   49         d. Radio broadcasts.
   50         4. Using a device or system for navigation purposes.
   51         5. Conducting wireless interpersonal communication that
   52  does not require manual entry of multiple letters, numbers, or
   53  symbols, except to activate, deactivate, or initiate a feature
   54  or function.
   55         6. Conducting wireless interpersonal communication that
   56  does not require reading text messages, except to activate,
   57  deactivate, or initiate a feature or function.
   58         5.7. Operating an autonomous vehicle, as defined in s.
   59  316.003, in autonomous mode.
   60         (c) Only in the event of a crash resulting in death or
   61  personal injury, a user’s billing records for a wireless
   62  communications device or the testimony of or written statements
   63  from appropriate authorities receiving such messages may be
   64  admissible as evidence in any proceeding to determine whether a
   65  violation of paragraph (a) has been committed.
   66         (5) Notwithstanding s. 318.21, all proceeds collected
   67  pursuant to s. 318.18 for a violation of this section shall be
   68  remitted to the Department of Revenue for deposit into the
   69  Emergency Medical Services Trust Fund of the Department of
   70  Health Enforcement of this section by state or local law
   71  enforcement agencies must be accomplished only as a secondary
   72  action when an operator of a motor vehicle has been detained for
   73  a suspected violation of another provision of this chapter,
   74  chapter 320, or chapter 322.
   75         Section 2. This act shall take effect October 1, 2018.
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete everything before the enacting clause
   80  and insert:
   81                        A bill to be entitled                      
   82         An act relating to the use of wireless communications
   83         devices while driving; amending s. 316.305, F.S.;
   84         revising the short title; revising legislative intent;
   85         prohibiting a person from operating a motor vehicle
   86         while listening or talking on a wireless
   87         communications device for the purpose of voice
   88         interpersonal communication; redefining the term
   89         “wireless communications device” to include voice
   90         communications; conforming provisions to changes made
   91         by the act; requiring deposit of fines into the
   92         Emergency Medical Services Trust Fund; deleting a
   93         provision requiring that enforcement of this section
   94         be accomplished only as a secondary action; providing
   95         an effective date.