Bill Text: FL S0448 | 2010 | Regular Session | Comm Sub

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Bill Title: Wireless Communications Device/Driving [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2010-04-30 - Died in Messages [S0448 Detail]

Download: Florida-2010-S0448-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 448 
 
By the Committee on Transportation; and Senator Detert 
596-03645-10                                           2010448c1 
1                        A bill to be entitled 
2         An act relating to the use of wireless communications 
3         devices while driving; creating s. 316.305, F.S.; 
4         creating the “Florida Ban on Texting While Driving 
5         Law”; providing legislative intent; prohibiting the 
6         operation of a motor vehicle while using a wireless 
7         communications device for certain purposes; providing 
8         a definition; providing exceptions; specifying 
9         information admissible as evidence of a violation; 
10         providing penalties; providing for enforcement as a 
11         secondary action; amending s. 322.27, F.S.; providing 
12         for points to be assessed against a driver’s license 
13         for the unlawful use of a wireless communications 
14         device resulting in a crash; providing an effective 
15         date. 
16 
17  Be It Enacted by the Legislature of the State of Florida: 
18 
19         Section 1. Section 316.305, Florida Statutes, is created to 
20  read: 
21         316.305 Wireless communications devices; prohibition.— 
22         (1) This section may be cited as the “Florida Ban on 
23  Texting While Driving Law.” 
24         (2) It is the intent of the Legislature to: 
25         (a) Improve roadway safety for all vehicle operators, 
26  vehicle passengers, bicyclists, pedestrians, and other road 
27  users. 
28         (b) Prevent crashes related to the act of text messaging 
29  while driving a motor vehicle. 
30         (c) Reduce injuries, deaths, property damage, health care 
31  costs, health insurance rates, and automobile insurance rates 
32  related to motor vehicle crashes. 
33         (d) Authorize law enforcement officers to stop motor 
34  vehicles and issue citations to persons texting while driving as 
35  a secondary offense. 
36         (3)(a) A person shall not operate a motor vehicle while 
37  manually typing or entering multiple letters, numbers, symbols, 
38  or other characters into a wireless communications device or 
39  while sending or reading data in such a device for the purpose 
40  of nonvoice interpersonal communication, including, but not 
41  limited to, communication methods known as texting, e-mailing, 
42  and instant messaging. As used in this section, the term 
43  “wireless communications device” means any device that is 
44  designed or intended to receive or transmit text or character 
45  based messages, access or store data, or connect to the Internet 
46  or any communications service as defined in s. 812.15 and that 
47  allows text communications. For purposes of this section, a 
48  motor vehicle that is legally parked is not being operated and 
49  is not subject to the prohibition in this paragraph. 
50         (b) This subsection does not apply to a motor vehicle 
51  operator who is: 
52         1. Performing official duties as an operator of an 
53  authorized emergency vehicle as defined in s. 322.01, a law 
54  enforcement or fire service professional, or an emergency 
55  medical services professional. 
56         2. Reporting an emergency or criminal or suspicious 
57  activity to law enforcement authorities. 
58         3. Receiving messages that are: 
59         a. Related to the operation or navigation of the motor 
60  vehicle; 
61         b. Safety-related information, including emergency, 
62  traffic, or weather alerts; 
63         c. Data used primarily by the motor vehicle; or 
64         d. Radio broadcasts. 
65         4. Using a device or system for navigation purposes. 
66         5. Conducting wireless interpersonal communication that 
67  does not require manual entry of multiple letters, numbers, or 
68  symbols or reading text messages, except to activate, 
69  deactivate, or initiate a feature or function. 
70         (c) A user’s billing records for a wireless communications 
71  device or the testimony of or written statements from 
72  appropriate authorities receiving such messages may be 
73  admissible as evidence in any proceeding to determine whether a 
74  violation of this section has been committed. 
75         (4)(a) Any person who violates subsection (3) commits a 
76  noncriminal traffic infraction, punishable as a nonmoving 
77  violation as provided in chapter 318. 
78         (b) Any person who commits a second or subsequent violation 
79  of subsection (3) within 5 years after the date of a prior 
80  conviction for a violation of subsection (3) commits a 
81  noncriminal traffic infraction, punishable as a moving violation 
82  as provided in chapter 318. 
83         (5) Enforcement of this section by state or local law 
84  enforcement agencies must be accomplished only as a secondary 
85  action when an operator of a motor vehicle has been detained for 
86  a suspected violation of another section of this chapter, 
87  chapter 320, or chapter 322. 
88         Section 2. Paragraph (d) of subsection (3) of section 
89  322.27, Florida Statutes, is amended to read: 
90         322.27 Authority of department to suspend or revoke 
91  license.— 
92         (3) There is established a point system for evaluation of 
93  convictions of violations of motor vehicle laws or ordinances, 
94  and violations of applicable provisions of s. 403.413(6)(b) when 
95  such violations involve the use of motor vehicles, for the 
96  determination of the continuing qualification of any person to 
97  operate a motor vehicle. The department is authorized to suspend 
98  the license of any person upon showing of its records or other 
99  good and sufficient evidence that the licensee has been 
100  convicted of violation of motor vehicle laws or ordinances, or 
101  applicable provisions of s. 403.413(6)(b), amounting to 12 or 
102  more points as determined by the point system. The suspension 
103  shall be for a period of not more than 1 year. 
104         (d) The point system shall have as its basic element a 
105  graduated scale of points assigning relative values to 
106  convictions of the following violations: 
107         1. Reckless driving, willful and wanton—4 points. 
108         2. Leaving the scene of a crash resulting in property 
109  damage of more than $50—6 points. 
110         3. Unlawful speed, or unlawful use of a wireless 
111  communications device, resulting in a crash—6 points. 
112         4. Passing a stopped school bus—4 points. 
113         5. Unlawful speed: 
114         a. Not in excess of 15 miles per hour of lawful or posted 
115  speed—3 points. 
116         b. In excess of 15 miles per hour of lawful or posted 
117  speed—4 points. 
118         6. A violation of a traffic control signal device as 
119  provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 
120         7. All other moving violations (including parking on a 
121  highway outside the limits of a municipality)—3 points. However, 
122  no points shall be imposed for a violation of s. 316.0741 or s. 
123  316.2065(12). 
124         8. Any moving violation covered in this paragraph above, 
125  excluding unlawful speed and unlawful use of a wireless 
126  communications device, resulting in a crash—4 points. 
127         9. Any conviction under s. 403.413(6)(b)—3 points. 
128         10. Any conviction under s. 316.0775(2)—4 points. 
129         Section 3. This act shall take effect October 1, 2010.