Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for HB 107
       
       
       
       
       
       
                                Ì856614.Î856614                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/3R         .                                
             04/25/2019 06:25 PM       .                                
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       Senator Simpson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 104
    4  and insert:
    5         Section 2. Effective October 1, 2019, section 316.306,
    6  Florida Statutes, is created to read:
    7         316.306School and work zones; prohibition on the use of a
    8  wireless communications device in a handheld manner.—
    9         (1) For purposes of this section, the term “wireless
   10  communications device” has the same meaning as provided in s.
   11  316.305(3)(a). The term includes, but is not limited to, a cell
   12  phone, a tablet, a laptop, a two-way messaging device, or an
   13  electronic game that is used or capable of being used in a
   14  handheld manner. The term does not include a safety, security,
   15  or convenience feature built into a motor vehicle which does not
   16  require the use of a handheld device.
   17         (2) It is the intent of the Legislature to:
   18         (a) Improve roadway safety in school and work zones for all
   19  vehicle operators, vehicle passengers, bicyclists, pedestrians,
   20  and other road users.
   21         (b) Prevent crashes related to the act of driving while
   22  using a wireless communications device in a handheld manner when
   23  operating a motor vehicle while the vehicle is in motion.
   24         (c) Reduce injuries, deaths, property damage, health care
   25  costs, health insurance rates, and automobile insurance rates
   26  related to motor vehicle crashes.
   27         (d) Authorize law enforcement officers to stop motor
   28  vehicles and issue citations to persons who are driving in
   29  school or work zones while using a wireless communications
   30  device in a handheld manner as provided in subsection (3).
   31         (3)(a)1. A person may not operate a motor vehicle while
   32  using a wireless communications device in a handheld manner in a
   33  designated school crossing, school zone, or work zone area as
   34  defined in s. 316.003(101). For the purposes of this paragraph,
   35  a motor vehicle that is stationary is not being operated and is
   36  not subject to the prohibition in this paragraph.
   37         2.a. During the period from October 1, 2019, through
   38  December 31, 2019, a law enforcement officer may stop motor
   39  vehicles to issue verbal or written warnings to persons who are
   40  in violation of subparagraph (a)1. for the purposes of informing
   41  and educating such persons of this section. This sub
   42  subparagraph shall stand repealed on October 1, 2020.
   43         b. Effective January 1, 2020, a law enforcement officer may
   44  stop motor vehicles and issue citations to persons who are
   45  driving while using a wireless communications device in a
   46  handheld manner in violation of subparagraph (a)1.
   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 in a hands-free manner for
   63  navigation purposes.
   64         5. Using a wireless communications device hands-free or
   65  hands-free in voice-operated mode, including, but not limited
   66  to, a factory-installed or after-market Bluetooth device.
   67         6. Operating an autonomous vehicle, as defined in s.
   68  316.003, in autonomous mode.
   69         (c) A law enforcement officer who stops a motor vehicle for
   70  a violation of paragraph (a) must inform the motor vehicle
   71  operator of his or her right to decline a search of his or her
   72  wireless communications device and may not:
   73         1. Access the wireless communications device without a
   74  warrant.
   75         2. Confiscate the wireless communications device while
   76  awaiting issuance of a warrant to access such device.
   77         3. Obtain consent from the motor vehicle operator to search
   78  his or her wireless communications device through coercion or
   79  other improper method. Consent to search a motor vehicle
   80  operator’s wireless communications device must be voluntary and
   81  unequivocal.
   82         (d) Only in the event of a crash resulting in death or
   83  serious bodily injury, as defined in s. 316.027, may a user’s
   84  billing records for a wireless communications device, or the
   85  testimony of or written statements from appropriate authorities
   86  receiving such messages, be admissible as evidence in any
   87  proceeding to determine whether a violation of subparagraph
   88  (a)1. has been committed.
   89         (e) Law enforcement officers must indicate the type of
   90  wireless communications device in the comment section of the
   91  uniform traffic citation.
   92         (4)(a) Any person who violates this section commits a
   93  noncriminal traffic infraction, punishable as a moving
   94  violation, as provided in chapter 318, and shall have 3 points
   95  assessed against his or her driver license as set forth in s.
   96  322.27(3)(d)7. For a first offense under this section, in lieu
   97  of the penalty specified in s. 318.18 and the assessment of
   98  points, a person who violates this section may elect to
   99  participate in a wireless communications device driving safety
  100  program approved by the Department of Highway Safety and Motor
  101  Vehicles. Upon completion of such program, the penalty specified
  102  in s. 318.18 and associated costs may be waived by the clerk of
  103  the court and the assessment of points must be waived.
  104         (b) The clerk of the court may dismiss a case and assess
  105  court costs in accordance with s. 318.18(11)(a) for a nonmoving
  106  traffic infraction for a person who is cited for a first time
  107  violation of this section if the person shows the clerk proof of
  108  purchase of equipment that enables his or her personal wireless
  109  communications device to be used in a hands-free manner.
  110         (5)Notwithstanding s. 318.21, all proceeds collected
  111  pursuant to s. 318.18 for violations of this section must be
  112  remitted to the Department of Revenue for deposit into the
  113  Emergency Medical Services Trust Fund of the Department of
  114  Health.
  115         (6) When a law enforcement officer issues a citation for a
  116  violation of this section, the law enforcement officer must
  117  record the race and ethnicity of the violator. All law
  118  enforcement agencies must maintain such information and must
  119  report such information to the department in a form and manner
  120  determined by the department. Beginning February 1, 2020, the
  121  department shall annually report the data collected under this
  122  subsection to the Governor, the President of the Senate, and the
  123  Speaker of the House of Representatives. The data collected must
  124  be reported at least by statewide totals for local law
  125  enforcement agencies, state law enforcement agencies, and state
  126  university law enforcement agencies. The statewide total for
  127  local law enforcement agencies must combine the data for the
  128  county sheriffs and the municipal law enforcement agencies.
  129         Section 2. (1) The Department of Highway Safety and Motor
  130  Vehicles, in consultation with the Department of Transportation,
  131  may implement a statewide campaign to raise awareness of and
  132  encourage compliance with ss. 316.305 and 316.306, Florida
  133  Statutes. The Department of Highway Safety and Motor Vehicles
  134  may use television messaging, radio broadcasts, print media,
  135  digital strategies, social media, and any other form of
  136  messaging deemed necessary and appropriate by the department to
  137  implement the campaign.
  138         (2) The Department of Highway Safety and Motor Vehicles may
  139  contract with counties, local law enforcement agencies, safety
  140  councils, and public schools to assist with planning and
  141  conducting the statewide campaign.
  142         Section 3. Except as otherwise expressly provided in this
  143  act, this act shall take effect July 1, 2019.
  144  
  145  ================= T I T L E  A M E N D M E N T ================
  146  And the title is amended as follows:
  147         Delete lines 2 - 14
  148  and insert:
  149         An act relating to wireless communications while
  150         driving; amending s. 316.305, F.S.; revising
  151         legislative intent; requiring a law enforcement
  152         officer to inform a motor vehicle operator of certain
  153         rights; prohibiting certain actions by such officer;
  154         requiring such officer to record the race and
  155         ethnicity of a violator when issuing a citation;
  156         requiring law enforcement agencies to report such
  157         information to the Department of Highway Safety and
  158         Motor Vehicles; requiring the department to annually
  159         report certain data to the Governor and Legislature;
  160         removing the requirement that enforcement be
  161         accomplished as a secondary action; creating s.
  162         316.306, F.S.; defining the term “wireless
  163         communications device”; providing legislative intent;
  164         prohibiting a person from operating a motor vehicle
  165         while using a wireless communications device in a
  166         handheld manner in a designated school crossing,
  167         school zone, or work zone; providing construction;
  168         authorizing a law enforcement officer during a
  169         specified period to stop motor vehicles to issue
  170         warnings to persons who are driving while using a
  171         wireless communications device in a handheld manner in
  172         a designated school crossing, school zone, or work
  173         zone; providing for repeal of that authorization;
  174         authorizing a law enforcement officer, on and after a
  175         specified date, to stop motor vehicles and issue
  176         citations to persons who are driving while using a
  177         wireless communications device in a handheld manner in
  178         a designated school crossing, school zone, or work
  179         zone; providing exceptions to such prohibition;
  180         requiring a law enforcement officer who stops a motor
  181         vehicle for a violation of driving while using a
  182         wireless communications device in a handheld manner in
  183         a designated school crossing, school zone, or work
  184         zone to inform the motor vehicle operator of his or
  185         her right to decline a search of his or her wireless
  186         communications device; prohibiting the law enforcement
  187         officer from taking specified actions; requiring
  188         certain consent to search a motor vehicle operator’s
  189         wireless communications device; providing that a
  190         user’s billing records for a wireless communications
  191         device or the testimony of or written statements from
  192         certain authorities are admissible as evidence in
  193         crashes resulting in death or serious bodily injury
  194         for certain purposes; requiring that law enforcement
  195         officers indicate specified information in the uniform
  196         traffic citation; providing penalties for driving
  197         while using a wireless communications device in a
  198         handheld manner in a designated school crossing,
  199         school zone, or work zone; authorizing first-time
  200         offenders to participate in a wireless communications
  201         device driving safety program, in lieu of the
  202         imposition of penalties; authorizing a clerk of the
  203         court to dismiss a case and assess court costs under
  204         certain circumstances; requiring the deposit of fines
  205         into the Emergency Medical Services Trust Fund of the
  206         Department of Health; requiring law enforcement
  207         officers to record the race and ethnicity of violators
  208         when issuing a citation for a violation of this
  209         section; requiring all law enforcement agencies to
  210         maintain such information and report it to the
  211         Department of Highway Safety and Motor Vehicles in a
  212         form and manner determined by the department;
  213         beginning on a specified date, requiring the
  214         department to annually report the data to the Governor
  215         and Legislature; providing requirements for the
  216         report; authorizing the department, in consultation
  217         with the Department of Transportation, to implement a
  218         statewide campaign to raise awareness of and encourage
  219         compliance with the prohibitions on operating a motor
  220         vehicle while using a wireless communications device;
  221         authorizing the department to use certain messaging to
  222         implement the campaign; authorizing the department to
  223         contract with certain entities for certain purposes;
  224         providing effective dates.