Title: Hands-free Driving

Summary: Prohibits person from operating motor vehicle while using wireless communications device in handheld manner; provides exception; requires sustained use of wireless communications device by person operating motor vehicle to be conducted through hands-free accessory until such use is terminated; provides penalties.

Full Text:
An act relating to hands-free driving; amending s. 316.305, F.S.; revising a short title; providing definitions; prohibiting a person from operating a motor vehicle while using a wireless communications device in a handheld manner; providing an exception; requiring sustained use of a wireless communications device by a person operating a motor vehicle to be conducted through a hands-free accessory until such use is terminated; removing obsolete provisions; providing penalties; amending s. 316.306, F.S.; conforming provisions to changes made by the act; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 316.305, Florida Statutes, is amended to read: 316.305 Wireless communications devices; use in a handheld manner prohibited prohibition.-(1) This section may be cited as the " Anthony Branca and Anita Neal Act Florida Ban on Texting While Driving Law." (2) It is the intent of the Legislature to: (a) Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road HB 1469 2024 users. (b) Prevent crashes related to the use of a wireless communications devi ce in a handheld manner act of 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 enf orcement officers to stop motor vehicles and issue citations to persons who are using wireless communications devices in a handheld manner texting while driving. (3) As used in this section, the term: (a) "Handheld manner" means holding a wireless communications device in one or both hands or physically supporting the device with any other part of the body. (b) "Hands-free accessory" means an attachment to or built-in feature of a wireless communications device which allows the operator of a motor veh icle to engage in interpersonal communication or otherwise use such device other than in a handheld manner. (c) "Wireless communications device" means a handheld device used or capable of being used in a handheld manner to: 1. Transmit or receive a voi ce message; initiate, receive, or maintain a telephone call; or otherwise engage in interpersonal voice communication; HB 1469 2024 2. Receive or transmit text-based or character-based messages or otherwise engage in interpersonal nonvoice communication; 3. Record or display videos or images; 4. Enter, access, or store data; or 5. Connect to the Internet or any communications service as defined in s. 812.15(1). The term includes, but is not limited to, a cellular telephone, smartphone, tablet computer, laptop computer, two-way messaging device, electronic gaming device, or device capable of displaying videos or images. The term does not include a citizens band radio, citizens band radio hybrid, commercial two way radio communication device or its functional equ ivalent, subscription-based emergency communications device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, communications, or remote diagnostics system. (4)(3)(a) A person may not operate a motor vehicle whil eusing 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 HB 1469 2024 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 communication s. 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: 1. Performing official duties as an operator of an authorized emergency vehicle as defined in s. 322.01, a law enforcement or fire service professional, or an emergency medical services professional. 2. Reporting an emergency or criminal or suspicious activity to law enforcement auth orities. 3. Receiving messages that are: a. Related to the operation or navigation of the motor vehicle; HB 1469 2024 b. Safety-related information, including emergency, traffic, or weather alerts; c. Data used primarily by the motor vehicle; or d. Radio broa dcasts. 4. Using a device or system for navigation purposes. 5. Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a feature or functi on. 6. Conducting wireless interpersonal communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function. 5.7. Operating an autonomous vehicle, as defined in s. 316.003(3), with the automated driving system engaged. (c) 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. Access the wireless communications device without a warrant. 2. Confiscate the wireless communications device while awaiting issuance of a warrant to access such device. 3. 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 HB 1469 2024 vehicle operator's wireless communications device must be voluntary 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 bee ncommitted. (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 paragrap h(4)(a) (3)(a) within 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)(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 th edepartment by April 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 HB 1469 2024 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 agenc ies shall combine the data for the county sheriffs and the municipal law enforcement agencies. Section 2. Section 316.306, Florida Statutes, is amended to read: 316.306 School and work zones; penalties for prohibition on the use of a wireless communi cations device in a handheld manner.-(1) For purposes of this section, the term "wireless communications device" has the same meaning as provided in s. 316.305(3)(a). 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. (2) It is the intent of the Legislature to: (a) Improve roadway safety in school and work zones for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users. (b) Prevent crashes related to the act of driving while using a wireless communications device in a handheld manner when HB 1469 2024 operating a motor vehicle while the vehicle is in motion. (c) Reduce injuries, deaths, property damage, health care costs, health insurance rates, and automobile i nsurance 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 pro vided in subsection (3). (3)(a)1. A person may not operate a motor vehicle while 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(111). 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: 1. Performing official duties as an operator of an HB 1469 2024 authorized emergency vehicle as defined in s. 322.01, a law enforcement or fire service professiona l, or an emergency medical services professional. 2. Reporting an emergency or criminal or suspicious activity to law enforcement authorities. 3. Receiving messages that are: a. Related to the operation or navigation of the motor vehicle; b. Safety-related information, including emergency, traffic, or weather alerts; c. Data used primarily by the motor vehicle; or d. Radio broadcasts. 4. Using a device or system in a hands-free manner for navigation purposes. 5. Using a wireless communicatio ns device hands-free or hands-free in voice-operated mode, including, but not limited to, a factory-installed or after-market Bluetooth device. 6. Operating an autonomous vehicle, as defined in s. 316.003, in autonomous mode. (c) A law enforcement offi cer 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. Access the wireless communications device without a warrant. HB 1469 2024 2. Confiscate the wireless communications device while awaiting issuance of a warrant to access such device. 3. Obtain consent from the motor vehicle operator to search his or her wireless communications device through coercion or other impro per method. Consent to search a motor vehicle operator's wireless communications device must be voluntary and unequivocal. (d) Only in the event of a crash resulting in death or serious bodily injury, as defined in s. 316.027, may a user's billing record sfor 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. has been committed. (e) Law enforcement officers must indicate the type of wireless communications device in the comment section of the uniform traffic citation. (1)(4)(a) A Any person who violates s. 316.305(4)(a) in a designated school crossing, in a school zone, or in a work zone area as defined in s. 316.003, if 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 have points assessed against his or her driver license as set forth in s. HB 1469 2024 322.27(3)(d)7. (a) For a first violation 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 safety program approved by the Department of Highway Safety and Motor Vehicles. Upon completion of such program, the penalty specified in s. 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(11)(a) for a nonmoving traffic infraction for a pe rson 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, all proceeds collected pursuant to s. 318.18 for violations under of this section must be remitted to the Department of Revenue for deposit into the Emergency Medical Services Trust Fund of the Department of Health. (3)(6) When a law enforcement officer issues a citation for a violation under of this section, the law enforcement officer must:(a) Indicate in the comment section of the uniform traffic citation the type of wireless communications device that was HB 1469 2024 used to co mmit the violation. (b) Record the race and ethnicity of the violator. All law enforcement agencies must maintain such information and must report such information to the department in a form and manner determined by the department. Beginning February 1, 2020, the department shall annually report the data collected under this paragraph 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 must combine the data for the county sheriffs and the municipal law enforcement agencies. Section 3. This act shall take effect July 1, 2024.