Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 90
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Gibson) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 316.305, Florida Statutes, is amended to
    6  read:
    7         316.305 Wireless communications devices; prohibition.—
    8         (1) This section may be cited as the “Florida Ban on
    9  Handheld Wireless Communications Texting While Driving Law.”
   10         (2) It is the intent of the Legislature to:
   11         (a) Improve roadway safety for all vehicle operators,
   12  vehicle passengers, bicyclists, pedestrians, and other road
   13  users.
   14         (b) Prevent crashes related to the act of using a wireless
   15  communications device text messaging while driving a motor
   16  vehicle.
   17         (c) Reduce injuries, deaths, property damage, health care
   18  costs, health insurance rates, and automobile insurance rates
   19  related to motor vehicle crashes.
   20         (d) Authorize law enforcement officers to stop motor
   21  vehicles and issue citations as a secondary offense to persons
   22  who are using a wireless communications device texting while
   23  driving.
   24         (3)(a) A person may not operate a motor vehicle while:
   25         1. Dialing, or talking or listening on, a wireless
   26  communications device for the purpose of interpersonal
   27  communication;
   28         2. Manually typing or entering multiple letters, numbers,
   29  symbols, or other characters into a wireless communications
   30  device or while sending or reading data on such a device for the
   31  purpose of nonvoice interpersonal communication, including, but
   32  not limited to, communication methods known as texting, e
   33  mailing, and instant messaging; or
   34         3. Using a wireless communications device to view or post
   35  an electronic message or initiate a command to the Internet.
   37  As used in this section, the term “wireless communications
   38  device” means any handheld device that is used or capable of
   39  being used in a handheld manner;, that is designed or intended
   40  to receive interpersonal communication, or transmit text or
   41  character-based messages, access or store data, or connect to
   42  the Internet or any communications service as defined in s.
   43  812.15; and that allows text communications. For the purposes of
   44  this paragraph, a motor vehicle that is stationary is not being
   45  operated and is not subject to the prohibition in this
   46  paragraph.
   47         (b) Paragraph (a) does not apply to a motor vehicle
   48  operator who is:
   49         1. Performing official duties as an operator of an
   50  authorized emergency vehicle as defined in s. 322.01, a law
   51  enforcement or fire service professional, or an emergency
   52  medical services professional.
   53         2. Reporting an emergency or criminal or suspicious
   54  activity to law enforcement authorities.
   55         3. Receiving messages that are:
   56         a. Related to the operation or navigation of the motor
   57  vehicle;
   58         b. Safety-related information, including emergency,
   59  traffic, or weather alerts;
   60         c. Data used primarily by the motor vehicle; or
   61         d. Radio broadcasts.
   62         4. Using a device or system for navigation purposes.
   63         5. Conducting wireless interpersonal communication that
   64  does not require manual entry of multiple letters, numbers, or
   65  symbols, except to activate, deactivate, or initiate a feature
   66  or function.
   67         6. Conducting wireless interpersonal communication that
   68  does not require reading text messages, except to activate,
   69  deactivate, or initiate a feature or function.
   70         5.7. Operating an autonomous vehicle, as defined in s.
   71  316.003, in autonomous mode.
   72         6. Conducting wireless interpersonal communication through
   73  the use of a hands-free electronic device. The term “hands-free
   74  electronic device” means a mobile electronic device that has an
   75  internal feature or function, or that is equipped with an
   76  attachment or addition, regardless of whether the attachment or
   77  addition is a permanent part of such mobile electronic device,
   78  by which a user engages in conversation without the use of
   79  either hand.
   80         (c) Only in the event of a crash resulting in death or
   81  personal injury, a user’s billing records for a wireless
   82  communications device or the testimony of or written statements
   83  from appropriate authorities obtaining receiving such
   84  communications messages may be admissible as evidence in any
   85  proceeding to determine whether a violation of paragraph (a) has
   86  been committed.
   87         (4)(a) Any person who violates paragraph (3)(a) commits a
   88  noncriminal traffic infraction, punishable as a nonmoving
   89  violation as provided in chapter 318.
   90         (b) Any person who commits a second or subsequent violation
   91  of paragraph (3)(a) within 5 years after the date of a prior
   92  conviction for a violation of paragraph (3)(a) commits a
   93  noncriminal traffic infraction, punishable as a moving violation
   94  as provided in chapter 318.
   95         (5) Notwithstanding s. 318.21, all proceeds collected
   96  pursuant to s. 318.18 for a violation of this section must be
   97  remitted to the Department of Revenue for deposit into the
   98  Department of Health Emergency Medical Services Trust Fund
   99  Enforcement of this section by state or local law enforcement
  100  agencies must be accomplished only as a secondary action when an
  101  operator of a motor vehicle has been detained for a suspected
  102  violation of another provision of this chapter, chapter 320, or
  103  chapter 322.
  104         Section 2. This act shall take effect October 1, 2018.
  106  ================= T I T L E  A M E N D M E N T ================
  107  And the title is amended as follows:
  108         Delete everything before the enacting clause
  109  and insert:
  110                        A bill to be entitled                      
  111         An act relating to wireless communications devices
  112         while driving; amending s. 316.305, F.S.; renaming the
  113         short title as the “Florida Ban on Handheld Wireless
  114         Communications While Driving Law”; revising
  115         legislative intent; prohibiting a person from
  116         operating a motor vehicle while dialing, or talking or
  117         listening on, a wireless communications device for the
  118         purpose of interpersonal communication or while using
  119         a wireless communications device to view or post an
  120         electronic message or initiate a command to the
  121         Internet; revising the definition of the term
  122         “wireless communications device”; revising the
  123         exceptions to the prohibition against operating a
  124         motor vehicle while using a wireless communications
  125         device; defining the term “hands-free electronic
  126         device”; requiring certain fines to be deposited into
  127         the Department of Health Emergency Medical Services
  128         Trust Fund; deleting a provision requiring that
  129         enforcement of the wireless communications device
  130         prohibition be accomplished only as a secondary
  131         action; providing an effective date.