Bill Text: FL H0041 | 2010 | Regular Session | Comm Sub

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Bill Title: Use of Wireless Communications Device/Driving

Spectrum: Bipartisan Bill

Status: (Failed) 2010-04-30 - Died in Finance & Tax Council [H0041 Detail]

Download: Florida-2010-H0041-Comm_Sub.html

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CS/HB 41

1	A bill to be entitled
2	An act relating to use of wireless communications devices
3	while driving; creating s. 316.305, F.S.; creating the
4	"Florida Ban on Texting While Driving Law"; providing
5	legislative intent; prohibiting the operation of a motor
6	vehicle while using a wireless communications device for
7	certain purposes; providing a definition; providing
8	exceptions; specifying information admissible as evidence
9	of a violation; providing penalties; providing for
10	enforcement as a secondary action; amending s. 322.27,
11	F.S.; providing for points to be assessed against a
12	driver's license for the unlawful use of a wireless
13	communications device resulting in a crash; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Section 316.305, Florida Statutes, is created
19	to read:
20	316.305 Wireless communications devices; prohibition.-
21	(1) This section may be cited as the "Florida Ban on
22	Texting While Driving Law."
23	(2) It is the intent of the Legislature to:
24	(a) Improve roadway safety for all vehicle operators,
25	vehicle passengers, bicyclists, pedestrians, and other road
26	users.
27	(b) Prevent crashes related to the act of text messaging
28	while driving a motor vehicle.
29	(c) Reduce injuries, deaths, property damage, health care
30	costs, health insurance rates, and automobile insurance rates
31	related to motor vehicle crashes.
32	(d) Authorize law enforcement officers to stop motor
33	vehicles and issue citations to persons texting while driving as
34	a secondary offense.
35	(3)(a) A person shall not operate a motor vehicle while
36	manually typing or entering multiple letters, numbers, symbols,
37	or other characters into a wireless communications device or
38	while sending or reading data in such a device for the purpose
39	of nonvoice interpersonal communication, including, but not
40	limited to, communication methods known as texting, e-mailing,
41	and instant messaging. As used in this section, the term
42	"wireless communications device" means any device that is
43	designed or intended to receive or transmit text or character-
44	based messages, access or store data, or connect to the Internet
45	or any communications service as defined in s. 812.15 and that
46	allows text communications. For purposes of this section, a
47	motor vehicle that is legally parked is not being operated and
48	is not subject to the prohibition in this paragraph.
49	(b) This subsection does not apply to a motor vehicle
50	operator who is:
51	1. Performing official duties as an operator of an
52	authorized emergency vehicle as defined in s. 322.01, a law
53	enforcement or fire service professional, or an emergency
54	medical services professional.
55	2. Reporting an emergency or criminal or suspicious
56	activity to law enforcement authorities.
57	3. Receiving messages that are:
58	a. Related to the operation or navigation of the motor
59	vehicle;
60	b. Safety-related information, including emergency,
61	traffic, or weather alerts;
62	c. Data used primarily by the motor vehicle; or
63	d. Radio broadcasts.
64	4. Using a device or system for navigation purposes.
65	5. Conducting wireless interpersonal communication that
66	does not require manual entry of multiple letters, numbers, or
67	symbols or reading text messages, except to activate,
68	deactivate, or initiate a feature or function.
69	(c) A user's billing records for a wireless communications
70	device or the testimony of or written statements from
71	appropriate authorities receiving such messages may be
72	admissible as evidence in any proceeding to determine whether a
73	violation of this section has been committed.
74	(4)(a) Any person who violates subsection (3) commits a
75	noncriminal traffic infraction, punishable as a nonmoving
76	violation as provided in chapter 318.
77	(b) Any person who commits a second or subsequent
78	violation of subsection (3) within 5 years after the date of a
79	prior conviction for a violation of subsection (3) commits a
80	noncriminal traffic infraction, punishable as a moving violation
81	as provided in chapter 318.
82	(5) Enforcement of this section by state or local law
83	enforcement agencies must be accomplished only as a secondary
84	action when an operator of a motor vehicle has been detained for
85	a suspected violation of another section of this chapter,
86	chapter 320, or chapter 322.
87	Section 2. Paragraph (d) of subsection (3) of section
88	322.27, Florida Statutes, is amended to read:
89	322.27 Authority of department to suspend or revoke
90	license.-
91	(3) There is established a point system for evaluation of
92	convictions of violations of motor vehicle laws or ordinances,
93	and violations of applicable provisions of s. 403.413(6)(b) when
94	such violations involve the use of motor vehicles, for the
95	determination of the continuing qualification of any person to
96	operate a motor vehicle. The department is authorized to suspend
97	the license of any person upon showing of its records or other
98	good and sufficient evidence that the licensee has been
99	convicted of violation of motor vehicle laws or ordinances, or
100	applicable provisions of s. 403.413(6)(b), amounting to 12 or
101	more points as determined by the point system. The suspension
102	shall be for a period of not more than 1 year.
103	(d) The point system shall have as its basic element a
104	graduated scale of points assigning relative values to
105	convictions of the following violations:
106	1. Reckless driving, willful and wanton-4 points.
107	2. Leaving the scene of a crash resulting in property
108	damage of more than $50-6 points.
109	3. Unlawful speed, or unlawful use of a wireless
110	communications device, resulting in a crash-6 points.
111	4. Passing a stopped school bus-4 points.
112	5. Unlawful speed:
113	a. Not in excess of 15 miles per hour of lawful or posted
114	speed-3 points.
115	b. In excess of 15 miles per hour of lawful or posted
116	speed-4 points.
117	6. A violation of a traffic control signal device as
118	provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
119	7. All other moving violations (including parking on a
120	highway outside the limits of a municipality)-3 points. However,
121	no points shall be imposed for a violation of s. 316.0741 or s.
122	316.2065(12).
123	8. Any moving violation covered in this paragraph above,
124	excluding unlawful speed and unlawful use of a wireless
125	communications device, resulting in a crash-4 points.
126	9. Any conviction under s. 403.413(6)(b)-3 points.
127	10. Any conviction under s. 316.0775(2)-4 points.
128	Section 3. This act shall take effect October 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.