HB 33 — Texting While Driving

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 33 2018 A bill to be entitled An act relating to texting while driving;

requiring such officer to record the race and ethnicity of a violator when issuing a citation;

requiring law enforcement agencies to report such information to the Department of Highway Safety and Motor Vehicles;

requiring the department to annually report certain data to the Governor and Legislature;

(3)(a) A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, Page 1 of 54 CODING:

hb0033-02-c2hb0033-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 33 2018 (3)(a) A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.

Related to the operation or navigation of the motor Pagevehicle; 2 of 5 CODING:

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Obtain consent from the motor vehicle operator to search his or her wireless communications device through Pagecoercion 3or ofother 5improper CODING:method.

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words underlined are additions.

hb0033-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 33 2018 coercion or other improper method.

(d)(c) Only in the event of a crash resulting in death or personal injury, a user's billing records for a wireless communications device or the testimony of or written statements fromPage appropriate3 authorities receiving such messages may be admissible as evidence in any proceeding to determine whether a violation of paragraph4 (a)CODING: has been committed.

(5) When a law enforcement officer issues a citation for a violation of this section, the law enforcement officer must record the race and ethnicity of the violator.

All law enforcement agencies must maintain such information and report the information to the department in a form and manner determined by the department.

Beginning February 1, 2019, the department shall annually report the data collected under this subsection to the Governor, the President of the Senate, and the Speaker of the House of Representatives.

The data collected must be reported at least by statewide totals for local law enforcement agencies, state law enforcement agencies, and state university law enforcement agencies.

The statewide total for local law enforcement agencies shall combine the data for the county sheriffs and the municipal law enforcement agencies.

Enforcement of this section by state or local law enforcement agencies must be accomplished only as a secondary action when an Page 4 of 5 CODING:

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(5) Enforcement of this section by state or local law enforcement agencies must be accomplished only as a secondary action when an operator of a motor vehicle has been detained for a suspected violation of another provision of this chapter, chapter 320, or chapter 322.

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