Bill Text: FL S1742 | 2017 | Regular Session | Introduced

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Bill Title: Texting While Driving

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Communications, Energy, and Public Utilities [S1742 Detail]

Download: Florida-2017-S1742-Introduced.html

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       Florida Senate - 2017                                    SB 1742
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       37-01047A-17                                          20171742__
    1                        A bill to be entitled                      
    2         An act relating to texting while driving; amending s.
    3         316.305, F.S.; revising legislative intent; revising
    4         penalties for violations of the Florida Ban on Texting
    5         While Driving Law; providing enhanced penalties for
    6         such violations when committed in a school zone or
    7         school crossing; requiring each law enforcement agency
    8         in this state to adopt policies to prohibit the
    9         practice of racial profiling in the enforcement of
   10         this section; removing a requirement that specified
   11         provisions be enforced as a secondary action by a law
   12         enforcement agency; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (d) of subsection (2) of section
   17  316.305, Florida Statutes, is amended, subsection (3) of that
   18  section is reenacted, and subsections (4) and (5) of that
   19  section are amended, to read:
   20         316.305 Wireless communications devices; prohibition.—
   21         (2) It is the intent of the Legislature to:
   22         (d) Authorize law enforcement officers to stop motor
   23  vehicles and issue citations as a secondary offense to persons
   24  who are texting while driving.
   25         (3)(a) A person may not operate a motor vehicle while
   26  manually typing or entering multiple letters, numbers, symbols,
   27  or other characters into a wireless communications device or
   28  while sending or reading data on such a device for the purpose
   29  of nonvoice interpersonal communication, including, but not
   30  limited to, communication methods known as texting, e-mailing,
   31  and instant messaging. As used in this section, the term
   32  “wireless communications device” means any handheld device used
   33  or capable of being used in a handheld manner, that is designed
   34  or intended to receive or transmit text or character-based
   35  messages, access or store data, or connect to the Internet or
   36  any communications service as defined in s. 812.15 and that
   37  allows text communications. For the purposes of this paragraph,
   38  a motor vehicle that is stationary is not being operated and is
   39  not subject to the prohibition in this paragraph.
   40         (b) Paragraph (a) does not apply to a motor vehicle
   41  operator who is:
   42         1. Performing official duties as an operator of an
   43  authorized emergency vehicle as defined in s. 322.01, a law
   44  enforcement or fire service professional, or an emergency
   45  medical services professional.
   46         2. Reporting an emergency or criminal or suspicious
   47  activity to law enforcement authorities.
   48         3. Receiving messages that are:
   49         a. Related to the operation or navigation of the motor
   50  vehicle;
   51         b. Safety-related information, including emergency,
   52  traffic, or weather alerts;
   53         c. Data used primarily by the motor vehicle; or
   54         d. Radio broadcasts.
   55         4. Using a device or system for navigation purposes.
   56         5. Conducting wireless interpersonal communication that
   57  does not require manual entry of multiple letters, numbers, or
   58  symbols, except to activate, deactivate, or initiate a feature
   59  or function.
   60         6. Conducting wireless interpersonal communication that
   61  does not require reading text messages, except to activate,
   62  deactivate, or initiate a feature or function.
   63         7. Operating an autonomous vehicle, as defined in s.
   64  316.003, in autonomous mode.
   65         (c) Only in the event of a crash resulting in death or
   66  personal injury, a user’s billing records for a wireless
   67  communications device or the testimony of or written statements
   68  from appropriate authorities receiving such messages may be
   69  admissible as evidence in any proceeding to determine whether a
   70  violation of paragraph (a) has been committed.
   71         (4)(a) A Any person who violates paragraph (3)(a) commits a
   72  noncriminal traffic infraction, punishable as a nonmoving
   73  violation as provided in chapter 318. For a violation committed
   74  in a legally posted school zone or designated school crossing,
   75  the amount of the fine prescribed for the violation shall be
   76  doubled.
   77         (b) A Any person who commits a second or subsequent
   78  violation of paragraph (3)(a) within 5 years after the date of a
   79  prior conviction for a violation of paragraph (3)(a) commits a
   80  noncriminal traffic infraction, punishable as a moving violation
   81  as provided in chapter 318. For a violation committed in a
   82  legally posted school zone or designated school crossing,
   83  regardless of where the violation with respect to a prior
   84  conviction was committed, the amount of the fine prescribed for
   85  the violation shall be doubled.
   86         (5) Each law enforcement agency in this state shall adopt
   87  policies to prohibit the practice of racial profiling in the
   88  enforcement of this section Enforcement of this section by state
   89  or local law enforcement agencies must be accomplished only as a
   90  secondary action when an operator of a motor vehicle has been
   91  detained for a suspected violation of another provision of this
   92  chapter, chapter 320, or chapter 322.
   93         Section 2. This act shall take effect July 1, 2017.