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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.

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