Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1348
Ì539458TÎ539458
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/16/2025 .
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The Appropriations Committee on Transportation, Tourism, and
Economic Development (Ingoglia) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Before line 41
4 insert:
5 Section 1. Subsection (4) of section 316.305, Florida
6 Statutes, is amended to read:
7 316.305 Wireless communications devices; prohibition.—
8 (4)(a) A Any person who violates paragraph (3)(a) commits a
9 noncriminal traffic infraction, punishable as a moving nonmoving
10 violation as provided in chapter 318, and shall have 3 points
11 assessed against his or her driver license as set forth in s.
12 322.27(3)(d)8.
13 (b) A Any person who commits a second or subsequent
14 violation of paragraph (3)(a) within 5 years after the date of a
15 prior conviction for a violation of paragraph (3)(a) commits a
16 noncriminal traffic infraction, punishable as a moving violation
17 as provided in chapter 318, and shall have 4 points assessed
18 against his or her driver license for the purposes of s. 322.27.
19 (c) In lieu of the penalty specified in s. 318.18 and the
20 assessment of points, a person who violates paragraph (3)(a) may
21 elect to participate in a distracted driving safety program
22 approved by the department. Upon the person’s completion of such
23 program, the penalty specified in s. 318.18 and associated costs
24 may be waived by the clerk of the court and the assessment of
25 points must be waived.
26 Section 2. Subsection (4) of section 316.306, Florida
27 Statutes, is amended to read:
28 316.306 School and work zones; prohibition on the use of a
29 wireless communications device in a handheld manner.—
30 (4)(a) A Any person who violates this section commits a
31 noncriminal traffic infraction, punishable as a moving
32 violation, as provided in chapter 318, and shall have 3 points
33 assessed against his or her driver license as set forth in s.
34 322.27(3)(d)8. For a first offense under this section, In lieu
35 of the penalty specified in s. 318.18 and the assessment of
36 points, a person who violates this section may elect to
37 participate in a distracted wireless communications device
38 driving safety program approved by the Department of Highway
39 Safety and Motor Vehicles. Upon the person’s completion of such
40 program, the penalty specified in s. 318.18 and associated costs
41 may be waived by the clerk of the court and the assessment of
42 points must be waived.
43 (b) The clerk of the court may dismiss a case and assess
44 court costs in accordance with s. 318.18(12)(a) for a nonmoving
45 traffic infraction for a person who is cited for a first time
46 violation of this section if the person shows the clerk proof of
47 purchase of equipment that enables his or her personal wireless
48 communications device to be used in a hands-free manner.
49 Section 3. Subsection (1) and paragraph (d) of subsection
50 (6) of section 318.1451, Florida Statutes, are amended to read:
51 318.1451 Driver improvement schools.—
52 (1)(a) The department shall approve and regulate the
53 courses of all driver improvement schools, as the courses relate
54 to ss. 318.14(9), 322.0261, and 322.291, including courses that
55 use technology as a delivery method.
56 (b) The department shall create a 4-hour basic driver
57 improvement course specifically related to distracted driving
58 which must include, but need not be limited to, testimonials
59 from people whose lives have been affected by death or injury
60 caused by distracted driving and which driver improvement
61 schools shall offer to persons electing to participate in a
62 distracted driving safety program pursuant to s. 316.305(4)(c)
63 or s. 316.306(4)(a).
64 (6) The department shall adopt rules establishing and
65 maintaining policies and procedures to implement the
66 requirements of this section. These policies and procedures may
67 include, but shall not be limited to, the following:
68 (d) Course content.—The department shall set and modify
69 course content requirements to keep current with laws and safety
70 information. The department shall annually review changes made
71 to major traffic laws of this state, including s. 316.126(1)(b),
72 and shall require course content for courses referenced in this
73 section to be modified in accordance with changes relevant to
74 the courses. Course content includes all items used in the
75 conduct of the course. All basic driver improvement courses must
76 include at least 1 hour dedicated to distracted driving which
77 must include, but need not be limited to, testimonials from
78 people whose lives have been affected by death or injury caused
79 by distracted driving.
80
81 ================= T I T L E A M E N D M E N T ================
82 And the title is amended as follows:
83 Delete line 3
84 and insert:
85 and Motor Vehicles; amending s. 316.305, F.S.;
86 revising penalties for the use of a wireless
87 communications device while operating a motor vehicle;
88 authorizing certain persons to participate in a
89 distracted driving safety program approved by the
90 department; authorizing the waiver of certain
91 penalties and associated costs, and requiring the
92 waiver of the assessment of points, upon completion of
93 such program; amending s. 316.306, F.S.; authorizing a
94 person to participate in a distracted driving safety
95 program, upon completion of which certain penalties
96 and associated costs may, and the assessment of points
97 must, be waived for certain offenses; amending s.
98 318.1451, F.S.; requiring the department to create a
99 specified driver improvement course related to
100 distracted driving which driver improvement schools
101 shall offer to certain persons; requiring that all
102 basic driver improvement courses include certain
103 content relating to distracted driving; amending s.
104 319.24, F.S.;