Bill Text: FL S0246 | 2016 | Regular Session | Introduced

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Bill Title: Texting While Driving in a School Zone

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-03-11 - Died in Communications, Energy, and Public Utilities [S0246 Detail]

Download: Florida-2016-S0246-Introduced.html

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       Florida Senate - 2016                                     SB 246
       
       
        
       By Senator Sachs
       
       
       
       
       
       34-00250-16                                            2016246__
    1                        A bill to be entitled                      
    2         An act relating to texting while driving in a school
    3         zone; amending s. 316.305, F.S.; revising penalties
    4         for violations of the Florida Ban on Texting While
    5         Driving Law; providing enhanced penalties for such
    6         violations when committed in a school zone or school
    7         crossing; providing a definition; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (4) of section 316.305, Florida
   13  Statutes, is amended, and paragraph (a) of subsection (3) of
   14  that section is republished, to read:
   15         316.305 Wireless communications devices; prohibition.—
   16         (3)(a) A person may not operate a motor vehicle while
   17  manually typing or entering multiple letters, numbers, symbols,
   18  or other characters into a wireless communications device or
   19  while sending or reading data on such a device for the purpose
   20  of nonvoice interpersonal communication, including, but not
   21  limited to, communication methods known as texting, e-mailing,
   22  and instant messaging. As used in this section, the term
   23  “wireless communications device” means any handheld device used
   24  or capable of being used in a handheld manner, that is designed
   25  or intended to receive or transmit text or character-based
   26  messages, access or store data, or connect to the Internet or
   27  any communications service as defined in s. 812.15 and that
   28  allows text communications. For the purposes of this paragraph,
   29  a motor vehicle that is stationary is not being operated and is
   30  not subject to the prohibition in this paragraph.
   31         (4)(a) A Any person who violates paragraph (3)(a) commits a
   32  noncriminal traffic infraction, punishable as a nonmoving
   33  violation as provided in chapter 318. For a violation occurring
   34  in a legally posted active school zone or designated school
   35  crossing, the amount of a fine prescribed for the violation
   36  shall be doubled.
   37         (b) A Any person who commits a second or subsequent
   38  violation of paragraph (3)(a) within 5 years after the date of a
   39  prior conviction for a violation of paragraph (3)(a) commits a
   40  noncriminal traffic infraction, punishable as a moving violation
   41  as provided in chapter 318. Regardless of where the prior
   42  violation occurred, if a second or subsequent violation occurs
   43  in a legally posted active school zone or designated school
   44  crossing, the amount of a fine prescribed for the violation
   45  shall be doubled.
   46         (c) For purposes of this subsection, the term “active
   47  school zone or designated school crossing” refers to the period
   48  of time during which the restrictive speed limit is in effect
   49  within the zone or crossing.
   50         Section 2. This act shall take effect October 1, 2016.