Title: Texting While Driving

Summary: Revises short title & legislative intent; revises penalties for violations of provisions re: texting while driving; provides enhanced penalties for violations committed in school zones & crossings; requires law enforcement agencies to adopt policies prohibiting racial profiling in enforcement; removes requirement that enforcement be accomplished as secondary action.

Full Text:
An act relating to texting while driving; amending s. 316.305, F.S.; revising a short title and legislative intent; revising penalties for violations of provisions relating to texting while driving; providing enhanced penalties for violations committed in a school zone or school crossing; requiring law enforcement agencies to adopt policies prohibiting racial profiling in the enforcement of such provisions; removing a requirement that enforcement be accomplished as a secondary action; 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 comm unications devices; prohibition.-(1) This section may be cited as the " Dori Slosberg and Anthony Branca Distracted Driving 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 users. HB 2018 (b) Prevent crashes related to the act of text messaging while driving a motor vehicle. (c) Reduce injuries, deaths, property damage, health care costs, health insura nce 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. (3)(a) A person may not opera te 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, in cluding, 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: HB 2018 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 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 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 function. 6. Conducting wireless interpersona lcommunication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function. 7. Operating an autonomous vehicle, as defined in s. 316.003, in autonomous mode. (c) Only in the event of a crash resulting in death or personal injury, a user's billing records for a wireless HB 2018 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. (4)(a) A Any person who violates paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. For a violation committed in a legally posted sch ool zone or designated school crossing, the amount of the fine prescribed for the violation shall be doubled. (b) A Any person who commits a second or subsequent violation of paragraph (3)(a) within years after the date of a prior conviction for a viol ation of paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. For a violation committed in a legally posted school zone or designated school crossing, regardless of where the violation with respect to a prior conviction was committed, the amount of the fine prescribed for the violation shall be doubled. (5) Each law enforcement agency in this state shall adopt a policy to prohibit the practice of racial profiling in the 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 HB 2018 chapter.Section 2. This act shall take effect July 1, 2018.