Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 1318
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2025 .
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The Committee on Rules (Grall) recommended the following:
1 Senate Amendment
2
3 Delete lines 166 - 251
4 and insert:
5 operating equipment or in a school zone while flashing beacons
6 are activated.—
7 (1) For purposes of this section, the term “wireless
8 communications device” has the same meaning as provided in s.
9 316.305(3)(a). The term includes, but is not limited to, a cell
10 phone, a tablet, a laptop, a two-way messaging device, or an
11 electronic game that is used or capable of being used in a
12 handheld manner. The term does not include a safety, security,
13 or convenience feature built into a motor vehicle which does not
14 require the use of a handheld device.
15 (2) It is the intent of the Legislature to:
16 (a) Improve roadway safety in school and work zones for all
17 vehicle operators, vehicle passengers, bicyclists, pedestrians,
18 and other road users.
19 (b) Prevent crashes related to the act of driving while
20 using a wireless communications device in a handheld manner when
21 operating a motor vehicle while the vehicle is in motion.
22 (c) Reduce injuries, deaths, property damage, health care
23 costs, health insurance rates, and automobile insurance rates
24 related to motor vehicle crashes.
25 (d) Authorize law enforcement officers to stop motor
26 vehicles and issue citations to persons who are driving in
27 school or work zones while using a wireless communications
28 device in a handheld manner as provided in subsection (3).
29 (3)(a)1. A person may not operate a motor vehicle while
30 using a wireless communications device in a handheld manner in a
31 designated school crossing, school zone, or work zone area as
32 defined in s. 316.003(112). This subparagraph shall only be
33 applicable to work zone areas if construction personnel are
34 present or are operating equipment on the road or immediately
35 adjacent to the work zone area. For the purposes of this
36 paragraph, a motor vehicle that is stationary is not being
37 operated and is not subject to the prohibition in this
38 paragraph.
39 2. Effective January 1, 2020, a law enforcement officer may
40 stop motor vehicles and issue citations to persons who are
41 driving while using a wireless communications device in a
42 handheld manner in violation of subparagraph 1.
43 (b) Paragraph (a) does not apply to a motor vehicle
44 operator who is:
45 1. Performing official duties as an operator of an
46 authorized emergency vehicle as defined in s. 322.01, a law
47 enforcement or fire service professional, or an emergency
48 medical services professional.
49 2. Reporting an emergency or criminal or suspicious
50 activity to law enforcement authorities.
51 3. Receiving messages that are:
52 a. Related to the operation or navigation of the motor
53 vehicle;
54 b. Safety-related information, including emergency,
55 traffic, or weather alerts;
56 c. Data used primarily by the motor vehicle; or
57 d. Radio broadcasts.
58 4. Using a device or system in a hands-free manner for
59 navigation purposes.
60 5. Using a wireless communications device hands-free or
61 hands-free in voice-operated mode, including, but not limited
62 to, a factory-installed or after-market Bluetooth device.
63 6. Operating an autonomous vehicle, as defined in s.
64 316.003, in autonomous mode.
65 (c) A law enforcement officer who stops a motor vehicle for
66 a violation of paragraph (a) must inform the motor vehicle
67 operator of his or her right to decline a search of his or her
68 wireless communications device and may not:
69 1. Access the wireless communications device without a
70 warrant.
71 2. Confiscate the wireless communications device while
72 awaiting issuance of a warrant to access such device.
73 3. Obtain consent from the motor vehicle operator to search
74 his or her wireless communications device through coercion or
75 other improper method. Consent to search a motor vehicle
76 operator’s wireless communications device must be voluntary and
77 unequivocal.
78 (d) Only in the event of a crash resulting in death or
79 serious bodily injury, as defined in s. 316.027, may a user’s
80 billing records for a wireless communications device, or the
81 testimony of or written statements from appropriate authorities
82 receiving such messages, be admissible as evidence in any
83 proceeding to determine whether a violation of subparagraph
84 (a)1. has been committed.
85 (e) Law enforcement officers must indicate the type of
86 wireless communications device in the comment section of the
87 uniform traffic citation.
88 (4)(a) A Any person who violates s. 316.305(4)(a) on any
89 roadway when construction personnel are present or are operating
90 equipment on the road or immediately adjacent to the work zone
91 area, or in a school zone during periods in which the
92 restrictive speed limit is enforced and flashing beacons are
93 activated, this section commits a noncriminal traffic
94 infraction,