HB 1241 — Hands-free Driving

a.318.18(25).

Transmit or receive a voice message;

initiate, receive, or maintain a telephone call;

or otherwise engage in interpersonal voice communication;

b.

Receive or transmit text-based or character-based messages or otherwise engage in interpersonal nonvoice communication;

c.

Record or display videos or images;

d.

Enter, access, or store data;

or e.

Connect to the Internet or any communications service as defined in s.

812.15(1).

Includes,Have but1 isadditional notpoint limitedassessed to,against ahis cellular telephone, smartphone, tablet computer, laptop computer, two-way messaging device, electronic gaming device, or deviceher capabledriver oflicense displayingas videosset orforth images.in s.

The322.27(3)(d). term does not include a citizens band radio, a citizens band radio hybrid, a commercial two-way radio communications device or its functional equivalent, a subscription-based emergency communications device, a prescribed medical device, an amateur or ham radio device, or an in-vehicle security, navigation, communications, Page 3 of 15 CODING:

Words(b) strickenFor area deletions;first offense under paragraph (a), in lieu of the assessment of an additional point and an additional fine, a person who violates this subsection may elect to participate in a wireless communications device driving safety program approved by the department.

wordsUpon underlinedcompletion areof additions.such program, the assessment of an additional fine and an additional point must be waived.

hb1241-00(c) FThis Lsubsection Odoes Rnot Iapply Dto Aa Hstationary Ovehicle Uor Sa Evehicle Ooperator Fwho Ris: E P R E S E N T A T I V E S HB 1241 2026 or remote diagnostics system.

(4)(3)(a) A person may not operate a motor vehicle while supporting the weight of manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device in a handheld manner except to activate, deactivate, initiate, or terminate a feature or function of the device, including a hands-free accessory.

Sustained use of a wireless communications device by a person operating a motor vehicle must be conducted through a hands-free accessory until such use is terminated.

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.

For the purposes of this paragraph, A motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph.

(b) Paragraph (a) does not apply to a motor vehicle operator who is:

Performing official duties as an operator of an Pageauthorized 4emergency ofvehicle 15as CODING:defined in s.

Words stricken are deletions;

words underlined are additions.

hb1241-00 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 HB 1241 2026 authorized emergency vehicle as defined in s.

Reporting an emergency or criminal or suspicious activityPage to3 lawof enforcement11 authorities.CODING:

Words stricken are deletions;

words underlined are additions.

hb1241-01-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/HB 1241 2026 activity to law enforcement authorities.

Related to the operation or navigation of the motor vehicle;

Data used primarily by the motor vehicle;

Using a device or system in a hands-free manner for navigation purposes.

ConductingUsing a wireless interpersonalcommunications communicationdevice thathands-free doesor nothands-free requirein manualvoice-operated entrymode, ofincluding, multiplebut letters,not numbers,limited orto, symbols,a exceptfactory-installed to activate, deactivate, or initiateafter-market aBluetooth featuredevice. or function.

Conducting wireless interpersonal communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function.

4.7.

316.003(3), within theautonomous automatedmode. driving system engaged.

(c)(d) A law enforcement officer who stops a motor vehicle for a violation of paragraphthis (a)subsection must inform the motor vehicle operator of his or her right to decline a search of his or her Pagewireless 5communications ofdevice 15and CODING:may not:

Words stricken are deletions;

words underlined are additions.

hb1241-00 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 HB 1241 2026 wireless communications device and may not:

Obtain consent from the motor vehicle operator to search his or her wireless communications device through coercion or other improper method.

Consent to search a motor vehicle operator's wireless communicationsPage device4 mustof be11 voluntaryCODING: and unequivocal.

(d) 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 from appropriate authorities receiving such messages may be admissible as evidence in any proceeding to determine whether a violation of paragraph (a) has been committed.

(5)(4)(a) A Any person who violates paragraph (4)(a) (3)(a) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

(b) A Any person who commits a second or subsequent violation of paragraph (4)(a) (3)(a) within 5 years after the date of a prior conviction for a violation of paragraph (4)(a) (3)(a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

(6) Notwithstanding s.

318.21, of all proceeds collected Page 6 of 15 CODING:

hb1241-00hb1241-01-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 HBCS/HB 1241 2026 pursuantcommunications todevice s.must be voluntary and unequivocal.

318.18(e) forOnly violationsin the event of paragrapha (4)(a):crash resulting in death or serious bodily injury, as defined in s.

(a)316.027(1), Fiftymay percenta mustuser's billing records for a wireless communications device, or the testimony of or written statements from appropriate authorities receiving such messages, be remittedadmissible to:as evidence in any proceeding to determine whether a violation of this subsection has been committed.

1.

The county for any violations occurring in any unincorporated areas of the county or to the municipality for any violations occurring in the incorporated boundaries of the municipality in which the violations occurred;

or 2.

If the citation for such violation is issued by an officer of the Florida Highway Patrol or another state law enforcement agency, the issuing state agency.

(b) Fifty percent must be used exclusively for educational programs and activities related to driver safety and the prevention of distracted driving, including, but not limited to:

1.

Instructional programs in high schools, Florida College System institutions, and state universities.

2.

Educational outreach conducted in partnership with public and private postsecondary institutions.

3.

Programs directed toward members of the United States Armed Forces and military communities.

4.

Public awareness campaigns regarding the dangers and economic costs associated with distracted driving.

5.

Development of instructional materials and outreach media promoting hands-free driving.

6.

Supporting law enforcement agencies in conducting public education and warning campaigns in conjunction with enforcement-supported and compliance-oriented efforts to reduce Page 7 of 15 CODING:

Words stricken are deletions;

words underlined are additions.

hb1241-00 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 HB 1241 2026 violations of this section.

(7)(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 by April 1 annually in a form and manner determined by the department.

Beginning July 1, 2023, 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.

(8) Effective July 1, 2026, through December 31, 2026, a law enforcement officer may stop a motor vehicle to issue a verbal or written warning to a person who violates this section for the purpose of informing and educating such person of this section.

This subsection is repealed January 1, 2027.

SectionSubsection 316.306,(25) Floridais Statutes,added isto amendedsection 318.18, Florida Statutes, to read:

316.306318.18 PenaltiesAmount of penalties.—The penalties required for schoola andnoncriminal workdisposition zones;pursuant to s.

prohibition318.14 onor the use of a wirelesscriminal communicationsoffense devicelisted in as. handheld Page 8 of 15 CODING:

318.17 are as follows:

(25) In addition to any other penalty, $60 for a violation of s.

316.1925(2), prohibiting careless driving while using a wireless communications device in a handheld manner.

The additional $60 collected under this subsection shall be remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health to be used as provided in s.

395.4036.

Section 3.

Paragraph (d) of subsection (3) of section 322.27, Florida Statutes, is amended to read:

322.27 Authority of department to suspend or revoke driver license or identification card.— (3) There is established a point system for evaluation of Page 5 of 11 CODING:

hb1241-00hb1241-01-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 HBCS/HB 1241 2026 mannerconvictions orof onviolations anyof roadwaymotor whenvehicle constructionlaws personnel are present or operatingordinances, equipment.—and (1)violations For purposes of thisapplicable section,provisions theof term "wireless communications device" has the same meaning as provided in s.

316.305(3)(a).403.413(6)(b) when such violations involve the use of motor vehicles, for the determination of the continuing qualification of any person to operate a motor vehicle.

The termdepartment includes, but is notauthorized limitedto to,suspend athe celllicense phone,of aany tablet,person aupon laptop,showing aof two-wayits messagingrecords device, or another electronicgood gameand sufficient evidence that isthe usedlicensee orhas capablebeen convicted of beingviolation usedof inmotor avehicle handheldlaws manner.or ordinances, or applicable provisions of s.

The403.413(6)(b), termamounting doesto not12 include a safety, security, or conveniencemore featurepoints builtas intodetermined aby motor vehicle which does not require the usepoint ofsystem. a handheld device.

(2)The Itsuspension isshall thebe intentfor a period of thenot Legislaturemore to:than 1 year.

(a)(d) ImproveThe roadwaypoint safetysystem inshall schoolhave andas workits zonesbasic forelement alla vehiclegraduated operators,scale vehicleof passengers,points bicyclists,assigning pedestrians,relative andvalues otherto roadconvictions users.of the following violations:

(b) Prevent crashes related to the act of driving while using a wireless communications device in a handheld manner when operating a motor vehicle while the vehicle is in motion.

(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 to persons who are driving in school or work zones while using a wireless communications device in a handheld manner as provided in subsection (3).

(3)(a)1.

A person may not operate a motor vehicle while Page 9 of 15 CODING:

Words stricken are deletions;

words underlined are additions.

hb1241-00 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 HB 1241 2026 using a wireless communications device in a handheld manner in a designated school crossing, school zone, or work zone area as defined in s.

316.003(112).

This subparagraph shall only be applicable to work zone areas if construction personnel are present or are operating equipment on the road or immediately adjacent to the work zone area.

For the purposes of this paragraph, a motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph.

2.

Effective January 1, 2020, a law enforcement officer may stop motor vehicles and issue citations to persons who are driving while using a wireless communications device in a handheld manner in violation of subparagraph 1.

(b) Paragraph (a) does not apply to a motor vehicle operator who is:

PerformingReckless officialdriving, dutieswillful asand anwanton—4 operatorpoints. of an authorized emergency vehicle as defined in s.

322.01, a law enforcement or fire service professional, or an emergency medical services professional.

ReportingLeaving anthe emergencyscene orof criminala orcrash suspiciousresulting activityin toproperty lawdamage enforcementof authorities.more than $50—6 points.

ReceivingCareless messagesdriving thatwhile are:using a wireless communications device in a handheld manner—1 point.

4.3.

Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash—6 points.

5.4.

Passing a stopped school bus:

RelatedNot tocausing theor operationresulting in serious bodily injury to or navigationdeath of theanother—4 motorpoints. vehicle;

Safety-relatedCausing information,or includingresulting emergency,in serious bodily injury to or Page 106 of 1511 CODING:

hb1241-00hb1241-01-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 HBCS/HB 1241 2026 traffic,death orof weatheranother—6 alerts;points.

DataPoints usedmay primarilynot bybe theimposed motorfor vehicle;a violation of passing a stopped school bus as provided in s.

316.172(1)(a) or d.(b) when enforced by a school bus infraction detection system pursuant to s.

Radio316.173. broadcasts.

4.In addition, a violation of s.

Using316.172(1)(a) aor device(b) orwhen systemenforced inby a hands-freeschool mannerbus forinfraction navigationdetection purposes.system pursuant to s.

5.316.173 may not be used for purposes of setting motor vehicle insurance rates.

Using6.5. a wireless communications device hands-free or hands-free in voice-operated mode, including, but not limited to, a factory-installed or after-market Bluetooth device.

6.Unlawful speed:

Operatinga. an autonomous vehicle, as defined in s.

316.003,Not in autonomousexcess mode.of 15 miles per hour of lawful or posted speed—3 points.

(c)b. A law enforcement officer who stops a motor vehicle for a violation of paragraph (a) must inform the motor vehicle operator of his or her right to decline a search of his or her wireless communications device and may not:

1.In excess of 15 miles per hour of lawful or posted speed—4 points.

Accessc. the wireless communications device without a warrant.

2.Points may not be imposed for a violation of unlawful speed as provided in s.

Confiscate316.1895 theor wirelesss. communications device while awaiting issuance of a warrant to access such device.

3.316.183 when enforced by a traffic infraction enforcement officer pursuant to s.

Obtain316.1896. consent from the motor vehicle operator to search his or her wireless communications device through coercion or other improper method.

ConsentIn toaddition, search a motorviolation vehicleof operator'ss. wireless communications device must be voluntary and unequivocal.

(d)316.1895 Only in the event of a crash resulting in death or serious bodily injury, as defined in s.

316.027,316.183 maywhen enforced by a user'straffic Pageinfraction 11enforcement ofofficer 15pursuant CODING:to s.

316.1896 may not be used for purposes of setting motor vehicle insurance rates.

7.6.

A violation of a traffic control signal device as provided in s.

316.074(1) or s.

316.075(1)(c)1.—4 points.

However, points may not be imposed for a violation of s.

316.074(1) or s.

316.075(1)(c)1.

when a driver has failed to stop at a traffic signal and when enforced by a traffic Page 7 of 11 CODING:

hb1241-00hb1241-01-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 HBCS/HB 1241 2026 billinginfraction recordsenforcement forofficer. a wireless communications device, or the testimony of or written statements from appropriate authorities receiving such messages, be admissible as evidence in any proceeding to determine whether a violation of subparagraph (a)1.

hasIn beenaddition, committed.a violation of s.

(e)316.074(1) Lawor enforcements. officers must indicate the type of wireless communications device in the comment section of the uniform traffic citation.

(1)(4)(a)316.075(1)(c)1. A Any person who violates s.

316.305(4)(a)when ina anydriver schoolhas zonefailed asto describedstop inat s.a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates.

316.18958.7. or on any roadway when construction personnel are present or are operating equipment on the road or immediately adjacent to the work zone area this section commits a noncriminal traffic infraction, punishable as a moving violation, as provided in chapter 318, and shall pay a fine of $150 and have 3 points assessed against his or her driver license.

AUnlawfully persondriving who commits a secondvehicle violationthrough shall pay a finerailroad- ofhighway $250grade andcrossing—6 havepoints. 3 points assessed against his or her driver license.

A9.8. person who commits a third violation shall pay a fine of $500, have 4 points assessed against his or her driver license, and have his or her driver license suspended for 90 days, and shall have 3 points assessed against his or her driver license as set forth in s.

322.27(3)(d)8.All other moving violations (including parking on a highway outside the limits of a municipality)—3 points.

(a)However, Forpoints amay firstnot violationbe offenseimposed underfor thisa section,violation in lieu of the penalty specified in s.

318.18316.2065(11); and the assessment of Page 12 of 15 CODING:

and points may be imposed for a violation of s.

316.1001 only when imposed by the court after a hearing pursuant to s.

318.14(5).

10.9.

Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash—4 points.

11.10.

Any conviction under s.

403.413(6)(b)—3 points.

12.11.

Any conviction under s.

316.0775(2)—4 points.

13.12.

A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone—2 points, in addition to the points assigned for the moving violation.

Section 4.

Paragraph (b) of subsection (3) of section 316.1575, Florida Statutes, is amended to read:

316.1575 Obedience to traffic control devices at railroad- Page 8 of 11 CODING:

hb1241-00hb1241-01-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 HBCS/HB 1241 2026 points,highway agrade crossings.— (3) A person who violates this section maycommits elect to participate in a wirelessnoncriminal communicationstraffic deviceinfraction, drivingpunishable safetypursuant programto approvedchapter by318 theas: Department of Highway Safety and Motor Vehicles.

Upon(b) completionIf ofthe suchinfraction program,resulted from the penaltiesoperation penaltyof specifieda invehicle, thisas subsectiona andmoving s.violation.

318.18 and associated costs may be waived by the clerk of the court and the assessment of points must be waived.

(b) The clerk of the court may dismiss a case and assess court costs in accordance with s.

318.18(12)(a) for a nonmoving traffic infraction for a person who is cited for a first time violation of this section if the person shows the clerk proof of purchase of equipment that enables his or her personal wireless communications device to be used in a hands-free manner.

(2)(5) Notwithstanding s.

318.21, of all proceeds collected pursuant to subsection (1) and s.

318.18 for violations of this section:

(a) Fifty percent must be remitted to:

TheFor countya forfirst anyviolation, violationsthe occurringperson inmust anypay unincorporateda areasfine of the$500 county or toperform the25 municipalityhours forof anycommunity violationsservice occurringand inshall thehave incorporated6 boundariespoints ofassessed theagainst municipalityhis inor whichher thedriver violationslicense occurred;as set forth in s.

or322.27(3)(d)8. 2.

Ifs. the citation for such violation is issued by an officer of the Florida Highway Patrol or another state law enforcement agency, the issuing state agency.

(b)322.27(3)(d)7. Fifty percent must be used exclusively for educational Page 13 of 15 CODING:

2.

For a second or subsequent violation, the person must pay a fine of $1,000 and shall have an additional 6 points assessed against his or her driver license as set forth in s.

322.27(3)(d)8.

s.

322.27(3)(d)7.

Section 5.

Subsection (3) of section 316.1576, Florida Statutes, is amended to read:

316.1576 Insufficient clearance at a railroad-highway grade crossing.— (3) A person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

(a) For a first violation, the person must pay a fine of $500 or perform 25 hours of community service and shall have 6 points assessed against his or her driver license as set forth in s.

322.27(3)(d)8.

s.

322.27(3)(d)7.

Page 9 of 11 CODING:

hb1241-00hb1241-01-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 HBCS/HB 1241 2026 programs(b) andFor activitiesa relatedsecond toor driversubsequent safetyviolation, and the preventionperson must pay a fine of distracted$1,000, driving,shall including,have butan notadditional limited6 to:points assessed against his or her driver license as set forth in s.

1.322.27(3)(d)8.

Instructionals. programs in high schools, Florida College System institutions, and state universities.

2.322.27(3)(d)7., and, notwithstanding s.

Educational322.27(3)(a), outreach(b), conductedand in(c), partnershipshall withhave publichis andor privateher postsecondarydriving institutions.privilege suspended for not more than 6 months.

3.Section 6.

ProgramsSubsection directed(1) toward members of thesection United316.1923, StatesFlorida ArmedStatutes, Forcesis andamended militaryto communities.read:

4.316.1923 Aggressive careless driving.—"Aggressive careless driving" means committing two or more of the following acts simultaneously or in succession:

Public(1) awarenessExceeding campaigns regarding the dangersposted andspeed economicas costsdefined associatedin withs. distracted driving.

5.322.27(3)(d)6.b.

Developments. of instructional materials and outreach media promoting hands-free driving.

6.322.27(3)(d)5.b.

SupportingSection law7. enforcement agencies in conducting public education and warning campaigns in conjunction with enforcement-supported and compliance-oriented efforts to reduce violations of this section Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health.

(3)(6)Paragraph When(a) aof lawsubsection enforcement(4) officer issues a citation for a violation of thissection section,316.306, theFlorida lawStatutes, enforcementis officeramended must:to read:

(a)316.306 IndicateSchool inand thework commentzones; section of the uniform traffic citation the type of wireless communications device that was used to commit the violation.

(b)prohibition Recordon the raceuse of a wireless communications device in a handheld manner.— (4)(a) Any person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation, as provided in chapter 318, and ethnicityshall ofhave the3 violator.points assessed against his or her driver license as set forth in s.

All322.27(3)(d)9. law Page 14 of 15 CODING:

s.

322.27(3)(d)8.

For a first offense under this section, in lieu of the penalty specified in s.

318.18 and the assessment of points, a person who violates this section may elect to participate in a wireless communications device driving Page 10 of 11 CODING:

hb1241-00hb1241-01-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 HBCS/HB 1241 2026 enforcementsafety agenciesprogram mustapproved maintainby such information and must report such information to the departmentDepartment inof aHighway formSafety and mannerMotor determinedVehicles. by the department.

BeginningUpon Februarycompletion 1, 2020, the department shall annually report the data collected under this paragraph subsection to the Governor, the President of thesuch Senate,program, and the Speakerpenalty ofspecified thein Houses. of Representatives.

The318.18 dataand collectedassociated mustcosts may be reportedwaived at least by statewidethe totalsclerk forof localthe lawcourt enforcementand agencies,the stateassessment lawof enforcementpoints agencies,must andbe statewaived. university law enforcement agencies.

TheSection statewide8. total for local law enforcement agencies is a combination of must combine the data for the county sheriffs and the municipal law enforcement agencies.

Section 3.

Page 1511 of 1511 CODING:

hb1241-00hb1241-01-c1