Florida 2022 Regular Session

Florida House Bill H0127 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 127 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0127-00
9	9	Page 1 of 11
10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to first responder roadway safety; 2
16	16	amending ss. 316.305 and 316.606, F.S.; applying the 3
17	17	prohibition against texting while driving and the 4
18	18	prohibition against using a wireless communications 5
19	19	device in a handheld manner in a designated school 6
20	20	crossing, school zone, or work zone area to a motor 7
21	21	vehicle that is stopped and remains in position until 8
22	22	an authorized emergency vehicle has passed; providing 9
23	23	penalties; creating s. 316.307, F.S.; providing a 10
24	24	short title; providing definitions; providing 11
25	25	legislative intent; prohibiting a person from 12
26	26	operating a motor vehicle while using a wireless 13
27	27	communications device in a handheld manner in the 14
28	28	immediate vicinity of certain first responders; 15
29	29	providing applicability; providing construction; 16
30	30	authorizing a law enforcement officer during a 17
31	31	specified period to stop motor vehicles to issue 18
32	32	warnings; authorizing a law enforcement officer, on 19
33	33	and after a specified date, to stop motor vehicles and 20
34	34	issue citations; providing exceptions to such 21
35	35	prohibition; requiri ng a law enforcement officer who 22
36	36	stops a motor vehicle for a violation to inform the 23
37	37	motor vehicle operator of his or her right to decline 24
38	38	a search of his or her wireless communications device; 25
39	39
40	40	HB 127 2022
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42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0127-00
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47	47	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
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49	49
50	50
51	51	prohibiting the law enforcement officer from taking 26
52	52	specified actions; requiring certain consent to search 27
53	53	a motor vehicle operator's wireless communications 28
54	54	device; providing that a user's billing records for a 29
55	55	wireless communications device or the testimony of or 30
56	56	written statements from certain authorities are 31
57	57	admissible as evidence in crashes resulting in death 32
58	58	or serious bodily injury for certain purposes; 33
59	59	requiring that law enforcement officers indicate 34
60	60	specified information in the uniform traffic citation; 35
61	61	providing penalties; authorizing first -time offenders 36
62	62	to participate in a wireless communications device 37
63	63	driving safety program; authorizing a clerk of the 38
64	64	court to waive certain penalties and costs under 39
65	65	certain circumstances; authorizing a clerk of the 40
66	66	court to dismiss a case and assess court costs under 41
67	67	certain circumstances; requiring the deposit of fines 42
68	68	into the Emergency Medical Services Trust Fund of the 43
69	69	Department of Health; requiring law enforcement 44
70	70	officers to record the race and ethnicity of violators 45
71	71	when issuing a citation for a violation; requirin g all 46
72	72	law enforcement agencies to maintain such information 47
73	73	and report it to the Department of Highway Safety and 48
74	74	Motor Vehicles in a form and manner determined by the 49
75	75	department; requiring the department to annually 50
76	76
77	77	HB 127 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0127-00
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84	84	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
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86	86
87	87
88	88	report the data to the Governor and Leg islature; 51
89	89	providing report requirements; providing an effective 52
90	90	date. 53
91	91	54
92	92	Be It Enacted by the Legislature of the State of Florida: 55
93	93	56
94	94	Section 1. Paragraph (a) of subsection (3) of section 57
95	95	316.305, Florida Statutes, is amended, and subsection (4) of 58
96	96	that section is republished, to read: 59
97	97	316.305 Wireless communications devices; prohibition. — 60
98	98	(3)(a) A person may not operate a motor vehicle while 61
99	99	manually typing or entering multiple letters, numbers, symbols, 62
100	100	or other characters into a wireless communic ations device or 63
101	101	while sending or reading data on such a device for the purpose 64
102	102	of nonvoice interpersonal communication, including, but not 65
103	103	limited to, communication methods known as texting, e -mailing, 66
104	104	and instant messaging. As used in this section, the t erm 67
105	105	"wireless communications device" means any handheld device used 68
106	106	or capable of being used in a handheld manner, that is designed 69
107	107	or intended to receive or transmit text or character -based 70
108	108	messages, access or store data, or connect to the Internet or 71
109	109	any communications service as defined in s. 812.15 and that 72
110	110	allows text communications. For the purposes of this paragraph, 73
111	111	a motor vehicle that is stationary is not being operated and is 74
112	112	not subject to the prohibition in this paragraph , except when a 75
113	113
114	114	HB 127 2022
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121	121	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
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123	123
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125	125	motor vehicle is stopped and remains in position until an 76
126	126	authorized emergency vehicle has passed as required by s. 77
127	127	316.126(1)(a). 78
128	128	(4)(a) Any person who violates paragraph (3)(a) commits a 79
129	129	noncriminal traffic infraction, punishable as a nonmoving 80
130	130	violation as provided in chapter 318. 81
131	131	(b) Any person who commits a second or subsequent 82
132	132	violation of paragraph (3)(a) within 5 years after the date of a 83
133	133	prior conviction for a violation of paragraph (3)(a) commits a 84
134	134	noncriminal traffic infraction, punishable as a movi ng violation 85
135	135	as provided in chapter 318. 86
136	136	Section 2. Paragraph (a) of subsection (3) of section 87
137	137	316.306, Florida Statutes, is amended, and subsection (4) of 88
138	138	that section is republished, to read: 89
139	139	316.306 School and work zones; prohibition on the use of a 90
140	140	wireless communications device in a handheld manner. — 91
141	141	(3)(a)1. A person may not operate a motor vehicle while 92
142	142	using a wireless communications device in a handheld manner in a 93
143	143	designated school crossing, school zone, or work zone area as 94
144	144	defined in s. 316.003(109). This subparagraph shall only be 95
145	145	applicable to work zone areas if construction personnel are 96
146	146	present or are operating equipment on the road or immediately 97
147	147	adjacent to the work zone area. For the purposes of this 98
148	148	paragraph, a motor vehicle that is stationary is not being 99
149	149	operated and is not subject to the prohibition in this 100
150	150
151	151	HB 127 2022
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0127-00
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158	158	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
159	159
160	160
161	161
162	162	paragraph, except when a motor vehicle is stopped and remains in 101
163	163	position until an authorized emergency vehicle has passed as 102
164	164	required by s. 316.126(1)(a) . 103
165	165	2. Effective January 1, 2020, a law enforcement officer 104
166	166	may stop motor vehicles and issue citations to persons who are 105
167	167	driving while using a wireless communications device in a 106
168	168	handheld manner in violation of subparagraph 1. 107
169	169	(4)(a) Any person who violates this section commits a 108
170	170	noncriminal traffic infraction, punishable as a moving 109
171	171	violation, as provided in chapter 318, and shall have 3 points 110
172	172	assessed against his or her driver license as set forth in s. 111
173	173	322.27(3)(d)7. For a first offense under this section, in lieu 112
174	174	of the penalty specified in s. 318.18 and the assessment of 113
175	175	points, a person who violates this section may elect to 114
176	176	participate in a wireless communications device driving safety 115
177	177	program approved by the Department of Highway Safety and Motor 116
178	178	Vehicles. Upon completion of such program, the penalty specified 117
179	179	in s. 318.18 and associated costs may be waived by the clerk of 118
180	180	the court and the assessment of points must be waived. 119
181	181	(b) The clerk of the court may dismiss a case and assess 120
182	182	court costs in accordance with s. 318.18(11)(a) for a nonmoving 121
183	183	traffic infraction for a person who is cited for a first time 122
184	184	violation of this section if the person shows the clerk proof of 123
185	185	purchase of equipment that enables his or her personal wireless 124
186	186	communications device to be use d in a hands-free manner. 125
187	187
188	188	HB 127 2022
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0127-00
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195	195	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
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199	199	Section 3. Section 316.307, Florida Statutes, is created 126
200	200	to read: 127
201	201	316.307 Immediate vicinity of first responders; 128
202	202	prohibition on the use of a wireless communications device in a 129
203	203	handheld manner.— 130
204	204	(1) This section shall be known as the "First Responder 131
205	205	Protection Act." 132
206	206	(2) For purposes of this section, the term: 133
207	207	(a) "First responder" means a law enforcement officer or 134
208	208	correctional officer as defined in s. 943.10, a firefighter as 135
209	209	defined in s. 633.102, or an emergency me dical technician or 136
210	210	paramedic as defined in s. 401.23 who is a full -time paid 137
211	211	employee, part-time paid employee, or unpaid volunteer. 138
212	212	(b) "In the line of duty" means: 139
213	213	1. Engaging in law enforcement activity; 140
214	214	2. Performing an activity relating to fire suppression and 141
215	215	prevention; 142
216	216	3. Responding to a hazardous material emergency; 143
217	217	4. Engaging in rescue activity; 144
218	218	5. Providing emergency medical services; 145
219	219	6. Engaging in disaster relief activity; or 146
220	220	7. Otherwise engaging in emergency response activit y. 147
221	221	(c) "Wireless communications device" has the same meaning 148
222	222	as provided in s. 316.305(3)(a). The term includes, but is not 149
223	223	limited to, a cellular telephone, a tablet, a laptop, a two -way 150
224	224
225	225	HB 127 2022
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229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0127-00
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232	232	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
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234	234
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236	236	messaging device, or an electronic gaming device that is used or 151
237	237	capable of being used in a handheld manner. The term does not 152
238	238	include a safety, security, or convenience feature built into a 153
239	239	motor vehicle which does not require the use of a handheld 154
240	240	device. 155
241	241	(3) It is the intent of the Legislature to: 156
242	242	(a) Improve roadway safety for all first responders, 157
243	243	vehicle operators, vehicle passengers, bicyclists, pedestrians, 158
244	244	and other road users. 159
245	245	(b) Prevent crashes related to the act of driving while 160
246	246	using a wireless communications device in a handheld manner when 161
247	247	operating a motor vehicle while the vehicle is in motion. 162
248	248	(c) Reduce injuries, deaths, property damage, health care 163
249	249	costs, health insurance rates, and automobile insurance rates 164
250	250	related to motor vehicle crashes. 165
251	251	(d) Authorize law enforcement officers to stop mot or 166
252	252	vehicles and issue citations to persons who are driving in the 167
253	253	immediate vicinity of first responders who are in the line of 168
254	254	duty while using a wireless communications device in a handheld 169
255	255	manner as provided in subsection (4). 170
256	256	(4)(a)1. A person may no t operate a motor vehicle while 171
257	257	using a wireless communications device in a handheld manner in 172
258	258	the immediate vicinity of first responders who are in the line 173
259	259	of duty. This subparagraph applies only to areas where first 174
260	260	responders are present or are carryin g out their duties on the 175
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262	262	HB 127 2022
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266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0127-00
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269	269	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
270	270
271	271
272	272
273	273	road or immediately adjacent to such areas. For the purposes of 176
274	274	this paragraph, a motor vehicle that is stationary is not being 177
275	275	operated and is not subject to the prohibition in this 178
276	276	paragraph, except when a motor vehicle is stopp ed and remains in 179
277	277	position until an authorized emergency vehicle has passed as 180
278	278	required by s. 316.126(1)(a). 181
279	279	2.a. During the period from July 1, 2022, through 182
280	280	September 30, 2022, a law enforcement officer may stop motor 183
281	281	vehicles to issue verbal or writte n warnings to persons who are 184
282	282	in violation of subparagraph 1. for the purposes of informing 185
283	283	and educating such persons of this section. This sub -186
284	284	subparagraph shall stand repealed on July 1, 2023. 187
285	285	b. Effective October 1, 2022, a law enforcement officer 188
286	286	may stop motor vehicles and issue citations to persons who are 189
287	287	driving while using a wireless communications device in a 190
288	288	handheld manner in violation of subparagraph 1. 191
289	289	(b) Paragraph (a) does not apply to a motor vehicle 192
290	290	operator who is: 193
291	291	1. Performing official duties as an operator of an 194
292	292	authorized emergency vehicle as defined in s. 322.01, a law 195
293	293	enforcement or fire service professional, or an emergency 196
294	294	medical services professional. 197
295	295	2. Reporting criminal or suspicious activity to law 198
296	296	enforcement authorities. 199
297	297	3. Receiving messages that are: 200
298	298
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306	306	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
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310	310	a. Related to the operation or navigation of the motor 201
311	311	vehicle; 202
312	312	b. Safety-related information, including emergency, 203
313	313	traffic, or weather alerts; 204
314	314	c. Data used primarily by the motor vehicle; or 205
315	315	d. Radio broadcasts. 206
316	316	4. Using a device or system in a hands -free manner for 207
317	317	navigation purposes. 208
318	318	5. Using a wireless communications device in a hands -free 209
319	319	manner or in hands-free voice-operated mode, including, but not 210
320	320	limited to, a factory -installed or after-market Bluetooth 211
321	321	device. 212
322	322	6. Operating an autonomous vehicle, as defined in s. 213
323	323	316.003, with the automated driving system engaged. 214
324	324	(c) A law enforcement officer who stops a motor vehicle 215
325	325	for a violation of paragraph (a) must inform the motor vehicle 216
326	326	operator of his or her right to decline a search of his or her 217
327	327	wireless communications device and may not: 218
328	328	1. Access the wireless communications device without a 219
329	329	warrant. 220
330	330	2. Confiscate the wireless communications device while 221
331	331	awaiting issuance of a warrant to ac cess such device. 222
332	332	3. Obtain consent from the motor vehicle operator to 223
333	333	search his or her wireless communications device through 224
334	334	coercion or other improper method. Consent to search a motor 225
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343	343	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
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347	347	vehicle operator's wireless communications device must be 226
348	348	voluntary and unequivocal. 227
349	349	(d) Only in the event of a crash resulting in death or 228
350	350	serious bodily injury, as defined in s. 316.027(1), may a user's 229
351	351	billing records for a wireless communications device, or the 230
352	352	testimony of or written statements from appropriate a uthorities 231
353	353	receiving such messages, be admissible as evidence in any 232
354	354	proceeding to determine whether a violation of subparagraph 233
355	355	(a)1. has been committed. 234
356	356	(e) Law enforcement officers must indicate the type of 235
357	357	wireless communications device used in violation of paragraph 236
358	358	(a) in the comment section of the uniform traffic citation. 237
359	359	(5)(a) A person who violates this section commits a 238
360	360	noncriminal traffic infraction, punishable as a moving 239
361	361	violation, as provided in chapter 318, and shall have 3 points 240
362	362	assessed against his or her driver license as set forth in s. 241
363	363	322.27(3)(d)7. For a first offense under this section, in lieu 242
364	364	of the penalty specified in s. 318.18 and the assessment of 243
365	365	points, a person who violates this section may elect to 244
366	366	participate in a wireless communications device driving safety 245
367	367	program approved by the Department of Highway Safety and Motor 246
368	368	Vehicles. Upon completion of such program, the penalty specified 247
369	369	in s. 318.18 and associated costs may be waived by the clerk of 248
370	370	the court and the assessment of points must be waived. 249
371	371	(b) The clerk of the court may dismiss a case and assess 250
372	372
373	373	HB 127 2022
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380	380	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
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382	382
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384	384	court costs in accordance with s. 318.18(11)(a) for a nonmoving 251
385	385	traffic infraction for a person who is cited for a first -time 252
386	386	violation of this section if the person shows the clerk proof of 253
387	387	purchase of equipment that enables his or her personal wireless 254
388	388	communications device to be used in a hands -free manner. 255
389	389	(6) Notwithstanding s. 318.21, all proceeds collected 256
390	390	pursuant to s. 318.18 for violations of this se ction must be 257
391	391	remitted to the Department of Revenue for deposit into the 258
392	392	Emergency Medical Services Trust Fund of the Department of 259
393	393	Health. 260
394	394	(7) When a law enforcement officer issues a citation for a 261
395	395	violation of this section, the law enforcement officer must 262
396	396	record the race and ethnicity of the violator. All law 263
397	397	enforcement agencies must maintain such information and must 264
398	398	report such information to the department in a form and manner 265
399	399	determined by the department. Beginning March 1, 2023, the 266
400	400	department shall annually report the data collected under this 267
401	401	subsection to the Governor, the President of the Senate, and the 268
402	402	Speaker of the House of Representatives. The data collected must 269
403	403	be reported at least by statewide totals for local law 270
404	404	enforcement agencies, state law enforcement agencies, and state 271
405	405	university law enforcement agencies. The statewide total for 272
406	406	local law enforcement agencies must combine the data for the 273
407	407	county sheriffs and the municipal law enforcement agencies. 274
408	408	Section 4. This act shall tak e effect July 1, 2022. 275