SB 76 — Driving While Using a Wireless Communications Device

Florida Senate - 2019 CS for SB 76 By Senator Simpson 10-00079-19 201976__ A bill to be entitled An act relating to the useCommittee ofon wirelessInfrastructure communicationsand devicesSecurity; while driving;

and Senators Simpson, Passidomo, Hooper, Mayfield, Book, Rouson, Berman, Perry, Taddeo, and Cruz 596-02505-19 201976c1 A bill to be entitled An act relating to driving while distracted;

defining the term “driving while distracted”;

redefining the term “wireless communications device”;

prohibiting a person from operating a motor vehicle whilewhen listeningdriving orwhile talkingdistracted; on a wireless communications device for the purpose of voice interpersonal communication;

redefiningauthorizing thea termlaw “wirelessenforcement communicationsofficer device”during a specified period to includestop voicemotor communications;vehicles to issue warnings to persons who are driving while distracted;

conformingproviding provisionsfor torepeal changesof madea byprovision; the act;

requiringauthorizing deposita oflaw finesenforcement intoofficer, theafter Emergencya Medicalspecified Servicesdate, Trustto Fund;stop motor vehicles and issue citations to persons who are driving while distracted;

revising exceptions to such prohibition;

revising crash results for which a user’s billing records for a wireless communications device or the testimony of or written statements from certain authorities are admissible as evidence;

requiring that law enforcement officers indicate specified information in the uniform traffic citation;

providing penalties for driving while distracted;

authorizing participation in a distracted driving safety program for a first offense, in lieu of specified penalties;

authorizing a clerk of the court to dismiss a case and assess court costs under certain circumstances;

requiring the deposit of fines into the Emergency Medical Services Trust Fund;

providingauthorizing anthe effectiveDepartment date.of Highway Safety and Motor Vehicles, in consultation with the Department of Transportation, to implement a statewide campaign to raise awareness and prevent drivers from driving while distracted;

17authorizing Bethe Itdepartment Enactedto byuse thecertain Legislaturemessaging ofto implement the Statecampaign; of Florida:

19authorizing Sectionthe 1. Subsectiondepartment (1),to paragraphscontract (b)with andcertain (d)entities offor subsectioncertain (2),purposes; and subsections (3) and (5) of section 316.305, Florida Statutes, are amended to read:

316.305 Wirelessproviding communicationscontract devices;authority;

prohibition.—providing (1) Thiseffective sectiondates. may be cited as the “Florida Ban on Wireless Communications Devices Texting While Driving Law.” (2) It is the intent of the Legislature to:

(b) Prevent40 crashesBe relatedIt toEnacted by the actLegislature of usingthe aState wirelessof communicationsFlorida: device text messaging while driving a motor vehicle.

(d) Authorize42 lawSection enforcement1. Effective officersOctober to1, stop2019, motorsection vehicles316.305, andFlorida issueStatutes, citationsis asamended a secondary offense to personsread: who are using a wireless communications device texting while driving.

(3)(a) A316.305 Driving person may not operate a motor vehicle while manuallydistracted typingWireless or entering multiple letters, numbers, symbols, or other characters into a wireless communications devicedevices; or while sending or reading data or listening or talking on such a device for the purpose of nonvoice or voice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.

Asprohibition.— used(1) This insection thismay section,be cited as the term“Florida “wirelessDriving communicationsBan device”on meansTexting anyWhile handheldDistracted deviceDriving usedLaw.” or(2) For capablepurposes of beingthis usedsection, in a handheld manner which, that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internetterm: or any communications service as defined in s.

812.15(a) “Driving andwhile whichdistracted” thatmeans allowsthe textinattentive andoperation voiceof communications.a motor vehicle.

Inattentive or distracted driving conduct includes reading, writing, performing personal grooming, applying a beauty aid or similar products, interacting with pets or unsecured cargo, using a personal wireless communications device, or engaging in any other activity, conduct, task, or action that causes distraction.

(b) “Wireless communications device” means any handheld device that is designed or intended to receive or transmit text- or character-based messages, to record or view images, to access or store data, or to connect to the Internet or any communications service, as defined in s.

812.15, or which allows text communications.

The term includes, but is not limited to, a cell phone, a tablet, a laptop, a two-way messaging device, or an electronic game that is used or capable of being used in a handheld manner.

The term does not include a safety, security, or convenience feature built into a motor vehicle which does not require the use of a handheld device.

(3)(2) It is the intent of the Legislature to:

(a) Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users.

(b) Prevent crashes related to the act of driving while distracted when operating text messaging while driving a motor vehicle.

(c) Reduce injuries, deaths, property damage, health care costs, health insurance rates, and automobile insurance rates related to motor vehicle crashes.

(d) Authorize law enforcement officers to stop motor vehicles and issue citations as a secondary offense to persons who are texting while driving while distracted as provided in subsection (4).

(4)(3)(a)1. A person may not operate a motor vehicle when driving while distracted 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.

As used in this section, the term “wireless communications device” means any handheld device used or capable of being used in a handheld manner, that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internet or any communications service as defined in s.

812.15 and that allows text communications.

2.a. During the period of October 1, 2019, through December 31, 2019, a law enforcement officer may stop motor vehicles to issue verbal or written warnings to persons who are driving while distracted for the purposes of informing and educating such persons.

This sub-subparagraph shall stand repealed on October 1, 2020.