HB 127 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to first responder roadway safety; 2
amending ss. 316.305 and 316.606, F.S.; applying the 3
prohibition against texting while driving and the 4
prohibition against using a wireless communications 5
device in a handheld manner in a designated school 6
crossing, school zone, or work zone area to a motor 7
vehicle that is stopped and remains in position until 8
an authorized emergency vehicle has passed; providing 9
penalties; creating s. 316.307, F.S.; providing a 10
short title; providing definitions; providing 11
legislative intent; prohibiting a person from 12
operating a motor vehicle while using a wireless 13
communications device in a handheld manner in the 14
immediate vicinity of certain first responders; 15
providing applicability; providing construction; 16
authorizing a law enforcement officer during a 17
specified period to stop motor vehicles to issue 18
warnings; authorizing a law enforcement officer, on 19
and after a specified date, to stop motor vehicles and 20
issue citations; providing exceptions to such 21
prohibition; requiri ng a law enforcement officer who 22
stops a motor vehicle for a violation to inform the 23
motor vehicle operator of his or her right to decline 24
a search of his or her wireless communications device; 25
HB 127 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prohibiting the law enforcement officer from taking 26
specified actions; requiring certain consent to search 27
a motor vehicle operator's wireless communications 28
device; providing that a user's billing records for a 29
wireless communications device or the testimony of or 30
written statements from certain authorities are 31
admissible as evidence in crashes resulting in death 32
or serious bodily injury for certain purposes; 33
requiring that law enforcement officers indicate 34
specified information in the uniform traffic citation; 35
providing penalties; authorizing first -time offenders 36
to participate in a wireless communications device 37
driving safety program; authorizing a clerk of the 38
court to waive certain penalties and costs under 39
certain circumstances; authorizing a clerk of the 40
court to dismiss a case and assess court costs under 41
certain circumstances; requiring the deposit of fines 42
into the Emergency Medical Services Trust Fund of the 43
Department of Health; requiring law enforcement 44
officers to record the race and ethnicity of violators 45
when issuing a citation for a violation; requirin g all 46
law enforcement agencies to maintain such information 47
and report it to the Department of Highway Safety and 48
Motor Vehicles in a form and manner determined by the 49
department; requiring the department to annually 50
HB 127 2022
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report the data to the Governor and Leg islature; 51
providing report requirements; providing an effective 52
date. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Paragraph (a) of subsection (3) of section 57
316.305, Florida Statutes, is amended, and subsection (4) of 58
that section is republished, to read: 59
316.305 Wireless communications devices; prohibition. — 60
(3)(a) A person may not operate a motor vehicle while 61
manually typing or entering multiple letters, numbers, symbols, 62
or other characters into a wireless communic ations device or 63
while sending or reading data on such a device for the purpose 64
of nonvoice interpersonal communication, including, but not 65
limited to, communication methods known as texting, e -mailing, 66
and instant messaging. As used in this section, the t erm 67
"wireless communications device" means any handheld device used 68
or capable of being used in a handheld manner, that is designed 69
or intended to receive or transmit text or character -based 70
messages, access or store data, or connect to the Internet or 71
any communications service as defined in s. 812.15 and that 72
allows text communications. For the purposes of this paragraph, 73
a motor vehicle that is stationary is not being operated and is 74
not subject to the prohibition in this paragraph , except when a 75
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motor vehicle is stopped and remains in position until an 76
authorized emergency vehicle has passed as required by s. 77
316.126(1)(a). 78
(4)(a) Any person who violates paragraph (3)(a) commits a 79
noncriminal traffic infraction, punishable as a nonmoving 80
violation as provided in chapter 318. 81
(b) Any person who commits a second or subsequent 82
violation of paragraph (3)(a) within 5 years after the date of a 83
prior conviction for a violation of paragraph (3)(a) commits a 84
noncriminal traffic infraction, punishable as a movi ng violation 85
as provided in chapter 318. 86
Section 2. Paragraph (a) of subsection (3) of section 87
316.306, Florida Statutes, is amended, and subsection (4) of 88
that section is republished, to read: 89
316.306 School and work zones; prohibition on the use of a 90
wireless communications device in a handheld manner. — 91
(3)(a)1. A person may not operate a motor vehicle while 92
using a wireless communications device in a handheld manner in a 93
designated school crossing, school zone, or work zone area as 94
defined in s. 316.003(109). This subparagraph shall only be 95
applicable to work zone areas if construction personnel are 96
present or are operating equipment on the road or immediately 97
adjacent to the work zone area. For the purposes of this 98
paragraph, a motor vehicle that is stationary is not being 99
operated and is not subject to the prohibition in this 100
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paragraph, except when a motor vehicle is stopped and remains in 101
position until an authorized emergency vehicle has passed as 102
required by s. 316.126(1)(a) . 103
2. Effective January 1, 2020, a law enforcement officer 104
may stop motor vehicles and issue citations to persons who are 105
driving while using a wireless communications device in a 106
handheld manner in violation of subparagraph 1. 107
(4)(a) Any person who violates this section commits a 108
noncriminal traffic infraction, punishable as a moving 109
violation, as provided in chapter 318, and shall have 3 points 110
assessed against his or her driver license as set forth in s. 111
322.27(3)(d)7. For a first offense under this section, in lieu 112
of the penalty specified in s. 318.18 and the assessment of 113
points, a person who violates this section may elect to 114
participate in a wireless communications device driving safety 115
program approved by the Department of Highway Safety and Motor 116
Vehicles. Upon completion of such program, the penalty specified 117
in s. 318.18 and associated costs may be waived by the clerk of 118
the court and the assessment of points must be waived. 119
(b) The clerk of the court may dismiss a case and assess 120
court costs in accordance with s. 318.18(11)(a) for a nonmoving 121
traffic infraction for a person who is cited for a first time 122
violation of this section if the person shows the clerk proof of 123
purchase of equipment that enables his or her personal wireless 124
communications device to be use d in a hands-free manner. 125
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Section 3. Section 316.307, Florida Statutes, is created 126
to read: 127
316.307 Immediate vicinity of first responders; 128
prohibition on the use of a wireless communications device in a 129
handheld manner.— 130
(1) This section shall be known as the "First Responder 131
Protection Act." 132
(2) For purposes of this section, the term: 133
(a) "First responder" means a law enforcement officer or 134
correctional officer as defined in s. 943.10, a firefighter as 135
defined in s. 633.102, or an emergency me dical technician or 136
paramedic as defined in s. 401.23 who is a full -time paid 137
employee, part-time paid employee, or unpaid volunteer. 138
(b) "In the line of duty" means: 139
1. Engaging in law enforcement activity; 140
2. Performing an activity relating to fire suppression and 141
prevention; 142
3. Responding to a hazardous material emergency; 143
4. Engaging in rescue activity; 144
5. Providing emergency medical services; 145
6. Engaging in disaster relief activity; or 146
7. Otherwise engaging in emergency response activit y. 147
(c) "Wireless communications device" has the same meaning 148
as provided in s. 316.305(3)(a). The term includes, but is not 149
limited to, a cellular telephone, a tablet, a laptop, a two -way 150
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messaging device, or an electronic gaming device that is used or 151
capable of being used in a handheld manner. The term does not 152
include a safety, security, or convenience feature built into a 153
motor vehicle which does not require the use of a handheld 154
device. 155
(3) It is the intent of the Legislature to: 156
(a) Improve roadway safety for all first responders, 157
vehicle operators, vehicle passengers, bicyclists, pedestrians, 158
and other road users. 159
(b) Prevent crashes related to the act of driving while 160
using a wireless communications device in a handheld manner when 161
operating a motor vehicle while the vehicle is in motion. 162
(c) Reduce injuries, deaths, property damage, health care 163
costs, health insurance rates, and automobile insurance rates 164
related to motor vehicle crashes. 165
(d) Authorize law enforcement officers to stop mot or 166
vehicles and issue citations to persons who are driving in the 167
immediate vicinity of first responders who are in the line of 168
duty while using a wireless communications device in a handheld 169
manner as provided in subsection (4). 170
(4)(a)1. A person may no t operate a motor vehicle while 171
using a wireless communications device in a handheld manner in 172
the immediate vicinity of first responders who are in the line 173
of duty. This subparagraph applies only to areas where first 174
responders are present or are carryin g out their duties on the 175
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road or immediately adjacent to such areas. For the purposes of 176
this paragraph, a motor vehicle that is stationary is not being 177
operated and is not subject to the prohibition in this 178
paragraph, except when a motor vehicle is stopp ed and remains in 179
position until an authorized emergency vehicle has passed as 180
required by s. 316.126(1)(a). 181
2.a. During the period from July 1, 2022, through 182
September 30, 2022, a law enforcement officer may stop motor 183
vehicles to issue verbal or writte n warnings to persons who are 184
in violation of subparagraph 1. for the purposes of informing 185
and educating such persons of this section. This sub -186
subparagraph shall stand repealed on July 1, 2023. 187
b. Effective October 1, 2022, a law enforcement officer 188
may stop motor vehicles and issue citations to persons who are 189
driving while using a wireless communications device in a 190
handheld manner in violation of subparagraph 1. 191
(b) Paragraph (a) does not apply to a motor vehicle 192
operator who is: 193
1. Performing official duties as an operator of an 194
authorized emergency vehicle as defined in s. 322.01, a law 195
enforcement or fire service professional, or an emergency 196
medical services professional. 197
2. Reporting criminal or suspicious activity to law 198
enforcement authorities. 199
3. Receiving messages that are: 200
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a. Related to the operation or navigation of the motor 201
vehicle; 202
b. Safety-related information, including emergency, 203
traffic, or weather alerts; 204
c. Data used primarily by the motor vehicle; or 205
d. Radio broadcasts. 206
4. Using a device or system in a hands -free manner for 207
navigation purposes. 208
5. Using a wireless communications device in a hands -free 209
manner or in hands-free voice-operated mode, including, but not 210
limited to, a factory -installed or after-market Bluetooth 211
device. 212
6. Operating an autonomous vehicle, as defined in s. 213
316.003, with the automated driving system engaged. 214
(c) A law enforcement officer who stops a motor vehicle 215
for a violation of paragraph (a) must inform the motor vehicle 216
operator of his or her right to decline a search of his or her 217
wireless communications device and may not: 218
1. Access the wireless communications device without a 219
warrant. 220
2. Confiscate the wireless communications device while 221
awaiting issuance of a warrant to ac cess such device. 222
3. Obtain consent from the motor vehicle operator to 223
search his or her wireless communications device through 224
coercion or other improper method. Consent to search a motor 225
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vehicle operator's wireless communications device must be 226
voluntary and unequivocal. 227
(d) Only in the event of a crash resulting in death or 228
serious bodily injury, as defined in s. 316.027(1), may a user's 229
billing records for a wireless communications device, or the 230
testimony of or written statements from appropriate a uthorities 231
receiving such messages, be admissible as evidence in any 232
proceeding to determine whether a violation of subparagraph 233
(a)1. has been committed. 234
(e) Law enforcement officers must indicate the type of 235
wireless communications device used in violation of paragraph 236
(a) in the comment section of the uniform traffic citation. 237
(5)(a) A person who violates this section commits a 238
noncriminal traffic infraction, punishable as a moving 239
violation, as provided in chapter 318, and shall have 3 points 240
assessed against his or her driver license as set forth in s. 241
322.27(3)(d)7. For a first offense under this section, in lieu 242
of the penalty specified in s. 318.18 and the assessment of 243
points, a person who violates this section may elect to 244
participate in a wireless communications device driving safety 245
program approved by the Department of Highway Safety and Motor 246
Vehicles. Upon completion of such program, the penalty specified 247
in s. 318.18 and associated costs may be waived by the clerk of 248
the court and the assessment of points must be waived. 249
(b) The clerk of the court may dismiss a case and assess 250
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court costs in accordance with s. 318.18(11)(a) for a nonmoving 251
traffic infraction for a person who is cited for a first -time 252
violation of this section if the person shows the clerk proof of 253
purchase of equipment that enables his or her personal wireless 254
communications device to be used in a hands -free manner. 255
(6) Notwithstanding s. 318.21, all proceeds collected 256
pursuant to s. 318.18 for violations of this se ction must be 257
remitted to the Department of Revenue for deposit into the 258
Emergency Medical Services Trust Fund of the Department of 259
Health. 260
(7) When a law enforcement officer issues a citation for a 261
violation of this section, the law enforcement officer must 262
record the race and ethnicity of the violator. All law 263
enforcement agencies must maintain such information and must 264
report such information to the department in a form and manner 265
determined by the department. Beginning March 1, 2023, the 266
department shall annually report the data collected under this 267
subsection to the Governor, the President of the Senate, and the 268
Speaker of the House of Representatives. The data collected must 269
be reported at least by statewide totals for local law 270
enforcement agencies, state law enforcement agencies, and state 271
university law enforcement agencies. The statewide total for 272
local law enforcement agencies must combine the data for the 273
county sheriffs and the municipal law enforcement agencies. 274
Section 4. This act shall tak e effect July 1, 2022. 275