Florida Senate - 2025                             CS for SB 1318
       
       
        
       By the Committee on Rules; and Senators Grall, Davis, Hooper,
       Pizzo, and Rodriguez
       
       
       
       
       595-03119-25                                          20251318c1
    1                        A bill to be entitled                      
    2         An act relating to traffic offenses; amending s.
    3         316.305, F.S.; revising a short title; revising
    4         legislative intent; defining terms; prohibiting a
    5         person from operating a motor vehicle while using a
    6         wireless communications device in a handheld manner;
    7         providing an exception; requiring that sustained use
    8         of a wireless communications device by a person
    9         operating a motor vehicle be conducted through a
   10         hands-free accessory until such use is terminated;
   11         revising exceptions to the prohibition; deleting
   12         obsolete provisions; providing penalties; amending s.
   13         316.306, F.S.; revising penalty provisions relating to
   14         the use of wireless communications devices in a
   15         handheld manner in certain circumstances; conforming
   16         provisions to changes made by the act; amending s.
   17         318.14, F.S.; requiring the imposition of specified
   18         civil penalties and periods of driver license
   19         suspension, in addition to any other penalties, on a
   20         person found at a mandatory hearing to have committed
   21         certain traffic infractions that resulted in a crash
   22         with another vehicle; amending s. 318.19, F.S.;
   23         requiring persons cited for specified infractions that
   24         result in a crash with another vehicle to appear at a
   25         certain mandatory hearing; providing an effective
   26         date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 316.305, Florida Statutes, is amended to
   31  read:
   32         316.305 Wireless communications devices; use in a handheld
   33  manner prohibited prohibition.—
   34         (1) This section may be cited as the “Florida Hands-Free
   35  Ban on Texting While Driving Law.”
   36         (2) It is the intent of the Legislature to:
   37         (a) Improve roadway safety for all vehicle operators,
   38  vehicle passengers, bicyclists, pedestrians, and other road
   39  users.
   40         (b) Prevent crashes related to the use of a wireless
   41  communications device in a handheld manner act of text messaging
   42  while driving a motor vehicle.
   43         (c) Reduce injuries, deaths, property damage, health care
   44  costs, health insurance rates, and automobile insurance rates
   45  related to motor vehicle crashes.
   46         (d) Authorize law enforcement officers to stop motor
   47  vehicles and issue citations to persons who are using wireless
   48  communications devices in a handheld manner texting while
   49  driving.
   50         (3)As used in this section, the term:
   51         (a)“Handheld manner” means holding a wireless
   52  communications device in one or both hands or physically
   53  supporting the device with any other part of the body.
   54         (b)“Hands-free accessory” means an attachment to or a
   55  built-in feature of a wireless communications device which
   56  allows the operator of a motor vehicle to engage in
   57  interpersonal communication or otherwise use such device other
   58  than in a handheld manner.
   59         (c)“Wireless communications device”:
   60         1. Means a handheld device used or capable of being used in
   61  a handheld manner to:
   62         a.Transmit or receive a voice message; initiate, receive,
   63  or maintain a telephone call; or otherwise engage in
   64  interpersonal voice communication;
   65         b.Receive or transmit text-based or character-based
   66  messages or otherwise engage in interpersonal nonvoice
   67  communication;
   68         c.Record or display videos or images;
   69         d.Enter, access, or store data; or
   70         e.Connect to the Internet or any communications service as
   71  defined in s. 812.15(1).
   72         2. Includes, but is not limited to, a cellular telephone, a
   73  smartphone, a tablet computer, a laptop computer, a two-way
   74  messaging device, an electronic gaming device, or a device
   75  capable of displaying videos or images. The term does not
   76  include a citizens band radio, a citizens band radio hybrid, a
   77  commercial two-way radio communications device or its functional
   78  equivalent, a subscription-based emergency communications
   79  device, a prescribed medical device, an amateur or ham radio
   80  device, or an in-vehicle security, navigation, communications,
   81  or remote diagnostics system.
   82         (4)(a)(3)(a) A person may not operate a motor vehicle while
   83  using manually typing or entering multiple letters, numbers,
   84  symbols, or other characters into a wireless communications
   85  device in a handheld manner except to activate, deactivate,
   86  initiate, or terminate a feature or function of the device,
   87  including a hands-free accessory. Sustained use of a wireless
   88  communications device by a person operating a motor vehicle must
   89  be conducted through a hands-free accessory until such use is
   90  terminated. or while sending or reading data on such a device
   91  for the purpose of nonvoice interpersonal communication,
   92  including, but not limited to, communication methods known as
   93  texting, e-mailing, and instant messaging. As used in this
   94  section, the term “wireless communications device” means any
   95  handheld device used or capable of being used in a handheld
   96  manner, that is designed or intended to receive or transmit text
   97  or character-based messages, access or store data, or connect to
   98  the Internet or any communications service as defined in s.
   99  812.15 and that allows text communications. For the purposes of
  100  this paragraph, A motor vehicle that is stationary is not being
  101  operated and is not subject to the prohibition in this
  102  paragraph.
  103         (b) Paragraph (a) does not apply to a motor vehicle
  104  operator who is:
  105         1. Performing official duties as an operator of an
  106  authorized emergency vehicle as defined in s. 322.01, a law
  107  enforcement or fire service professional, or an emergency
  108  medical services professional.
  109         2. Reporting an emergency or criminal or suspicious
  110  activity to law enforcement authorities.
  111         3. Receiving messages that are:
  112         a. Related to the operation or navigation of the motor
  113  vehicle;
  114         b. Safety-related information, including emergency,
  115  traffic, or weather alerts;
  116         c. Data used primarily by the motor vehicle; or
  117         d. Radio broadcasts.
  118         4. Using a device or system for navigation purposes.
  119         5.Conducting wireless interpersonal communication that
  120  does not require manual entry of multiple letters, numbers, or
  121  symbols, except to activate, deactivate, or initiate a feature
  122  or function.
  123         6.Conducting wireless interpersonal communication that
  124  does not require reading text messages, except to activate,
  125  deactivate, or initiate a feature or function.
  126         7. Operating an autonomous vehicle, as defined in s.
  127  316.003(3), with the automated driving system engaged.
  128         (c) A law enforcement officer who stops a motor vehicle for
  129  a violation of paragraph (a) must inform the motor vehicle
  130  operator of his or her right to decline a search of his or her
  131  wireless communications device and may not:
  132         1. Access the wireless communications device without a
  133  warrant.
  134         2. Confiscate the wireless communications device while
  135  awaiting issuance of a warrant to access such device.
  136         3. Obtain consent from the motor vehicle operator to search
  137  his or her wireless communications device through coercion or
  138  other improper method. Consent to search a motor vehicle
  139  operator’s wireless communications device must be voluntary and
  140  unequivocal.
  141         (d) Only in the event of a crash resulting in death or
  142  personal injury, a user’s billing records for a wireless
  143  communications device or the testimony of or written statements
  144  from appropriate authorities receiving such messages may be
  145  admissible as evidence in any proceeding to determine whether a
  146  violation of paragraph (a) has been committed.
  147         (5)(a)(4)(a)A Any person who violates paragraph (4)(a)
  148  (3)(a) commits a noncriminal traffic infraction, punishable as a
  149  nonmoving violation as provided in chapter 318.
  150         (b) A Any person who commits a second or subsequent
  151  violation of paragraph (4)(a) (3)(a) within 5 years after the
  152  date of a prior conviction for a violation of paragraph (4)(a)
  153  (3)(a) commits a noncriminal traffic infraction, punishable as a
  154  moving violation as provided in chapter 318.
  155         (6)(5) When a law enforcement officer issues a citation for
  156  a violation of this section, the law enforcement officer must
  157  record the race and ethnicity of the violator. All law
  158  enforcement agencies must maintain such information and report
  159  the information to the department by April 1 annually in a form
  160  and manner determined by the department. Beginning July 1, 2023,
  161  the department shall annually report the data collected under
  162  this subsection to the Governor, the President of the Senate,
  163  and the Speaker of the House of Representatives. The data
  164  collected must be reported at least by statewide totals for
  165  local law enforcement agencies, state law enforcement agencies,
  166  and state university law enforcement agencies. The statewide
  167  total for local law enforcement agencies shall combine the data
  168  for the county sheriffs and the municipal law enforcement
  169  agencies.
  170         Section 2. Section 316.306, Florida Statutes, is amended to
  171  read:
  172         316.306 Penalties for School and work zones; prohibition on
  173  the use of a wireless communications device in a handheld manner
  174  on any roadway when construction personnel are present or
  175  operating equipment or in a school zone while flashing beacons
  176  are activated.—
  177         (1) For purposes of this section, the term “wireless
  178  communications device” has the same meaning as provided in s.
  179  316.305(3)(a). The term includes, but is not limited to, a cell
  180  phone, a tablet, a laptop, a two-way messaging device, or an
  181  electronic game that is used or capable of being used in a
  182  handheld manner. The term does not include a safety, security,
  183  or convenience feature built into a motor vehicle which does not
  184  require the use of a handheld device.
  185         (2)It is the intent of the Legislature to:
  186         (a)Improve roadway safety in school and work zones for all
  187  vehicle operators, vehicle passengers, bicyclists, pedestrians,
  188  and other road users.
  189         (b)Prevent crashes related to the act of driving while
  190  using a wireless communications device in a handheld manner when
  191  operating a motor vehicle while the vehicle is in motion.
  192         (c)Reduce injuries, deaths, property damage, health care
  193  costs, health insurance rates, and automobile insurance rates
  194  related to motor vehicle crashes.
  195         (d)Authorize law enforcement officers to stop motor
  196  vehicles and issue citations to persons who are driving in
  197  school or work zones while using a wireless communications
  198  device in a handheld manner as provided in subsection (3).
  199         (3)(a)1.A person may not operate a motor vehicle while
  200  using a wireless communications device in a handheld manner in a
  201  designated school crossing, school zone, or work zone area as
  202  defined in s. 316.003(112). This subparagraph shall only be
  203  applicable to work zone areas if construction personnel are
  204  present or are operating equipment on the road or immediately
  205  adjacent to the work zone area. For the purposes of this
  206  paragraph, a motor vehicle that is stationary is not being
  207  operated and is not subject to the prohibition in this
  208  paragraph.
  209         2.Effective January 1, 2020, a law enforcement officer may
  210  stop motor vehicles and issue citations to persons who are
  211  driving while using a wireless communications device in a
  212  handheld manner in violation of subparagraph 1.
  213         (b)Paragraph (a) does not apply to a motor vehicle
  214  operator who is:
  215         1.Performing official duties as an operator of an
  216  authorized emergency vehicle as defined in s. 322.01, a law
  217  enforcement or fire service professional, or an emergency
  218  medical services professional.
  219         2.Reporting an emergency or criminal or suspicious
  220  activity to law enforcement authorities.
  221         3.Receiving messages that are:
  222         a.Related to the operation or navigation of the motor
  223  vehicle;
  224         b.Safety-related information, including emergency,
  225  traffic, or weather alerts;
  226         c.Data used primarily by the motor vehicle; or
  227         d.Radio broadcasts.
  228         4.Using a device or system in a hands-free manner for
  229  navigation purposes.
  230         5.Using a wireless communications device hands-free or
  231  hands-free in voice-operated mode, including, but not limited
  232  to, a factory-installed or after-market Bluetooth device.
  233         6.Operating an autonomous vehicle, as defined in s.
  234  316.003, in autonomous mode.
  235         (c)A law enforcement officer who stops a motor vehicle for
  236  a violation of paragraph (a) must inform the motor vehicle
  237  operator of his or her right to decline a search of his or her
  238  wireless communications device and may not:
  239         1.Access the wireless communications device without a
  240  warrant.
  241         2.Confiscate the wireless communications device while
  242  awaiting issuance of a warrant to access such device.
  243         3.Obtain consent from the motor vehicle operator to search
  244  his or her wireless communications device through coercion or
  245  other improper method. Consent to search a motor vehicle
  246  operator’s wireless communications device must be voluntary and
  247  unequivocal.
  248         (d)Only in the event of a crash resulting in death or
  249  serious bodily injury, as defined in s. 316.027, may a user’s
  250  billing records for a wireless communications device, or the
  251  testimony of or written statements from appropriate authorities
  252  receiving such messages, be admissible as evidence in any
  253  proceeding to determine whether a violation of subparagraph
  254  (a)1. has been committed.
  255         (e)Law enforcement officers must indicate the type of
  256  wireless communications device in the comment section of the
  257  uniform traffic citation.
  258         (4)(a)A Any person who violates s. 316.305(4)(a) on any
  259  roadway when construction personnel are present or are operating
  260  equipment on the road or immediately adjacent to the work zone
  261  area, or in a school zone during periods in which the
  262  restrictive speed limit is enforced and flashing beacons are
  263  activated, this section commits a noncriminal traffic
  264  infraction, punishable as a moving violation, as provided in
  265  chapter 318, and shall pay a fine of $150 and have 3 points
  266  assessed against his or her driver license. A person who commits
  267  a second violation shall pay a fine of $250 and have 3 points
  268  assessed against his or her driver license. A person who commits
  269  a third violation shall pay a fine of $500, have 4 points
  270  assessed against his or her driver license, and have his or her
  271  driver license suspended for 90 days, and shall have 3 points
  272  assessed against his or her driver license as set forth in s.
  273  322.27(3)(d)8.
  274         (a) For a first violation offense under this section, in
  275  lieu of the penalty specified in s. 318.18 and the assessment of
  276  points, a person who violates this section may elect to
  277  participate in a wireless communications device driving safety
  278  program approved by the Department of Highway Safety and Motor
  279  Vehicles. Upon completion of such program, the penalties penalty
  280  specified in this section and s. 318.18 and associated costs may
  281  be waived by the clerk of the court and the assessment of points
  282  must be waived.
  283         (b) The clerk of the court may dismiss a case and assess
  284  court costs in accordance with s. 318.18(12)(a) for a nonmoving
  285  traffic infraction for a person who is cited for a first time
  286  violation of this section if the person shows the clerk proof of
  287  purchase of equipment that enables his or her personal wireless
  288  communications device to be used in a hands-free manner.
  289         (2)(5) Notwithstanding s. 318.21, all proceeds collected
  290  pursuant to s. 318.18 for violations under of this section must
  291  be remitted to the Department of Revenue for deposit into the
  292  Emergency Medical Services Trust Fund of the Department of
  293  Health.
  294         (3)(6) When a law enforcement officer issues a citation for
  295  a violation under of this section, the law enforcement officer
  296  must:
  297         (a)Indicate in the comment section of the uniform traffic
  298  citation the type of wireless communications device that was
  299  used to commit the violation.
  300         (b) Record the race and ethnicity of the violator. All law
  301  enforcement agencies must maintain such information and must
  302  report such information to the department in a form and manner
  303  determined by the department. Beginning February 1, 2020, the
  304  department shall annually report the data collected under this
  305  paragraph subsection to the Governor, the President of the
  306  Senate, and the Speaker of the House of Representatives. The
  307  data collected must be reported at least by statewide totals for
  308  local law enforcement agencies, state law enforcement agencies,
  309  and state university law enforcement agencies. The statewide
  310  total for local law enforcement agencies is a combination of
  311  must combine the data for the county sheriffs and the municipal
  312  law enforcement agencies.
  313         Section 3. Subsection (5) of section 318.14, Florida
  314  Statutes, is amended to read:
  315         318.14 Noncriminal traffic infractions; exception;
  316  procedures.—
  317         (5)(a) Any person electing to appear before the designated
  318  official or who is required to appear is shall be deemed to have
  319  waived his or her right to the civil penalty provisions of s.
  320  318.18. The official, after a hearing, shall make a
  321  determination as to whether an infraction has been committed. If
  322  the commission of an infraction has been proven, the official
  323  may impose a civil penalty not to exceed $500, except that in
  324  cases involving unlawful speed in a school zone or involving
  325  unlawful speed in a construction zone, the civil penalty may not
  326  exceed $1,000; or require attendance at a driver improvement
  327  school, or both.
  328         (b)1. If the person is required to appear before the
  329  designated official pursuant to s. 318.19(1) and is found to
  330  have committed the infraction, the designated official must
  331  shall impose a civil penalty of $1,000 in addition to any other
  332  penalties and the person’s driver license shall be suspended for
  333  6 months.
  334         2. If the person is required to appear before the
  335  designated official pursuant to s. 318.19(1) and is found to
  336  have committed the infraction against a vulnerable road user as
  337  defined in s. 316.027(1), the designated official must shall
  338  impose a civil penalty of not less than $5,000 in addition to
  339  any other penalties, the person’s driver license must shall be
  340  suspended for 1 year, and the person must shall be required to
  341  attend a department-approved driver improvement course relating
  342  to the rights of vulnerable road users relative to vehicles on
  343  the roadway as provided in s. 322.0261(2).
  344         (c)1. If the person is required to appear before the
  345  designated official pursuant to s. 318.19(2) and is found to
  346  have committed the infraction, the designated official must
  347  shall impose a civil penalty of $500 in addition to any other
  348  penalties and the person’s driver license must shall be
  349  suspended for 3 months.
  350         2. If the person is required to appear before the
  351  designated official pursuant to s. 318.19(2) and is found to
  352  have committed the infraction against a vulnerable road user as
  353  defined in s. 316.027(1), the designated official must shall
  354  impose a civil penalty of not less than $1,500 in addition to
  355  any other penalties, the person’s driver license must shall be
  356  suspended for 3 months, and the person must shall be required to
  357  attend a department-approved driver improvement course relating
  358  to the rights of vulnerable road users relative to vehicles on
  359  the roadway as provided in s. 322.0261(2).
  360         (d) If the person is required to appear before the
  361  designated official pursuant to s. 318.19(6) and is found to
  362  have committed an infraction of s. 316.075(1)(c) or s.
  363  316.123(2):
  364         1. Except as provided in subparagraphs 2. and 3., the
  365  designated official must impose a civil penalty of $500 in
  366  addition to any other penalties.
  367         2. A second time, the designated official must impose a
  368  civil penalty of $1,000 in addition to any other penalties and
  369  the person’s driver license must be suspended for 6 months.
  370         3. A third or subsequent time, the designated official must
  371  impose a civil penalty of $1,000 in addition to any other
  372  penalties and the person’s driver license must be suspended for
  373  1 year.
  374         (e) If the official determines that no infraction has been
  375  committed, no costs or penalties may shall be imposed and any
  376  costs or penalties that have been paid must shall be returned.
  377         (f) Moneys received from the mandatory civil penalties
  378  imposed pursuant to this subsection upon persons required to
  379  appear before a designated official pursuant to s. 318.19(1),
  380  (2), or (6) s. 318.19(1) or (2) shall be remitted to the
  381  Department of Revenue and deposited into the Department of
  382  Health Emergency Medical Services Trust Fund to provide
  383  financial support to certified trauma centers to assure the
  384  availability and accessibility of trauma services throughout the
  385  state. Funds deposited into the Emergency Medical Services Trust
  386  Fund under this section shall be allocated as follows:
  387         1.(a) Fifty percent shall be allocated equally among all
  388  Level I, Level II, and pediatric trauma centers in recognition
  389  of readiness costs for maintaining trauma services.
  390         2.(b) Fifty percent shall be allocated among Level I, Level
  391  II, and pediatric trauma centers based on each center’s relative
  392  volume of trauma cases as calculated using the hospital
  393  discharge data collected pursuant to s. 408.061.
  394         Section 4. Section 318.19, Florida Statutes, is amended to
  395  read:
  396         318.19 Infractions requiring a mandatory hearing.—Any
  397  person cited for the infractions listed in this section does
  398  shall not have the provisions of s. 318.14(2), (4), and (9)
  399  available to him or her but must appear before the designated
  400  official at the time and location of the scheduled hearing:
  401         (1) Any infraction which results in a crash that causes the
  402  death of another;
  403         (2) Any infraction which results in a crash that causes
  404  “serious bodily injury” of another as defined in s. 316.1933(1);
  405         (3) Any infraction of s. 316.172(1)(b);
  406         (4) Any infraction of s. 316.520(1) or (2); or
  407         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  408  316.189 of exceeding the speed limit by 30 mph or more; or
  409         (6) Any infraction of s. 316.075(1)(c) or s. 316.123(2)
  410  which results in a crash with another vehicle as defined in s.
  411  316.003.
  412         Section 5. This act shall take effect October 1, 2025.