HB 1469 2024
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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 hands -free driving; amending s. 2
316.305, F.S.; revising a short title; providing 3
definitions; prohibiting a person from operating a 4
motor vehicle while using a wireless communications 5
device in a handheld manner; providing an exception; 6
requiring sustained use of a wireless communications 7
device by a person operating a motor vehicle to be 8
conducted through a hands -free accessory until such 9
use is terminated; removing obsolete provisions; 10
providing penalties; amending s. 316.306, F.S.; 11
conforming provisions to changes made by the act; 12
providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Section 316.305, Florida Statutes, is amended 17
to read: 18
316.305 Wireless communications devices; use in a handheld 19
manner prohibited prohibition.— 20
(1) This section may be cited as the " Anthony Branca and 21
Anita Neal Act Florida Ban on Texting While D riving Law." 22
(2) It is the intent of the Legislature to: 23
(a) Improve roadway safety for all vehicle operators, 24
vehicle passengers, bicyclists, pedestrians, and other road 25
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users. 26
(b) Prevent crashes related to the use of a wireless 27
communications device in a handheld manner act of text messaging 28
while driving a motor vehicle. 29
(c) Reduce injuries, deaths, property damage, health care 30
costs, health insurance rates, and automobile insurance rates 31
related to motor vehicle crashes. 32
(d) Authorize law enf orcement officers to stop motor 33
vehicles and issue citations to persons who are using wireless 34
communications devices in a handheld manner texting while 35
driving. 36
(3) As used in this section, the term: 37
(a) "Handheld manner" means holding a wireless 38
communications device in one or both hands or physically 39
supporting the device with any other part of the body. 40
(b) "Hands-free accessory" means an attachment to or 41
built-in feature of a wireless communications device which 42
allows the operator of a motor veh icle to engage in 43
interpersonal communication or otherwise use such device other 44
than in a handheld manner. 45
(c) "Wireless communications device" means a handheld 46
device used or capable of being used in a handheld manner to: 47
1. Transmit or receive a voi ce message; initiate, receive, 48
or maintain a telephone call; or otherwise engage in 49
interpersonal voice communication; 50
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2. Receive or transmit text -based or character-based 51
messages or otherwise engage in interpersonal nonvoice 52
communication; 53
3. Record or display videos or images; 54
4. Enter, access, or store data; or 55
5. Connect to the Internet or any communications service 56
as defined in s. 812.15(1). 57
58
The term includes, but is not limited to, a cellular telephone, 59
smartphone, tablet computer, laptop computer, two-way messaging 60
device, electronic gaming device, or device capable of 61
displaying videos or images. The term does not include a 62
citizens band radio, citizens band radio hybrid, commercial two -63
way radio communication device or its functional equ ivalent, 64
subscription-based emergency communications device, prescribed 65
medical device, amateur or ham radio device, or in -vehicle 66
security, navigation, communications, or remote diagnostics 67
system. 68
(4)(3)(a) A person may not operate a motor vehicle whil e 69
using manually typing or entering multiple letters, numbers, 70
symbols, or other characters into a wireless communications 71
device in a handheld manner except to activate, deactivate, 72
initiate, or terminate a feature or function of the device, 73
including a hands-free accessory. Sustained use of a wireless 74
communications device by a person operating a motor vehicle must 75
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be conducted through a hands -free accessory until such use is 76
terminated. or while sending or reading data on such a device 77
for the purpose of nonvoice interpersonal communication, 78
including, but not limited to, communication methods known as 79
texting, e-mailing, and instant messaging. As used in this 80
section, the term "wireless communications device" means any 81
handheld device used or capable of being used in a handheld 82
manner, that is designed or intended to receive or transmit text 83
or character-based messages, access or store data, or connect to 84
the Internet or any communications service as defined in s. 85
812.15 and that allows text communication s. For the purposes of 86
this paragraph, A motor vehicle that is stationary is not being 87
operated and is not subject to the prohibition in this 88
paragraph. 89
(b) Paragraph (a) does not apply to a motor vehicle 90
operator who is: 91
1. Performing official duties as an operator of an 92
authorized emergency vehicle as defined in s. 322.01, a law 93
enforcement or fire service professional, or an emergency 94
medical services professional. 95
2. Reporting an emergency or criminal or suspicious 96
activity to law enforcement auth orities. 97
3. Receiving messages that are: 98
a. Related to the operation or navigation of the motor 99
vehicle; 100
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b. Safety-related information, including emergency, 101
traffic, or weather alerts; 102
c. Data used primarily by the motor vehicle; or 103
d. Radio broadcasts. 104
4. Using a device or system for navigation purposes. 105
5. Conducting wireless interpersonal communication that 106
does not require manual entry of multiple letters, numbers, or 107
symbols, except to activate, deactivate, or initiate a feature 108
or function. 109
6. Conducting wireless interpersonal communication that 110
does not require reading text messages, except to activate, 111
deactivate, or initiate a feature or function. 112
5.7. Operating an autonomous vehicle, as defined in s. 113
316.003(3), with the automated driving system engaged. 114
(c) A law enforcement officer who stops a motor vehicle 115
for a violation of paragraph (a) must inform the motor vehicle 116
operator of his or her right to decline a search of his or her 117
wireless communications device and may not: 118
1. Access the wireless communications device without a 119
warrant. 120
2. Confiscate the wireless communications device while 121
awaiting issuance of a warrant to access such device. 122
3. Obtain consent from the motor vehicle operator to 123
search his or her wireless communications device through 124
coercion or other improper method. Consent to search a motor 125
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vehicle operator's wireless communications device must be 126
voluntary and unequivocal. 127
(d) Only in the event of a crash resulting in death or 128
personal injury, a user 's billing records for a wireless 129
communications device or the testimony of or written statements 130
from appropriate authorities receiving such messages may be 131
admissible as evidence in any proceeding to determine whether a 132
violation of paragraph (a) has bee n committed. 133
(5)(4)(a) A Any person who violates paragraph (4)(a) 134
(3)(a) commits a noncriminal traffic infraction, punishable as a 135
nonmoving violation as provided in chapter 318. 136
(b) A Any person who commits a second or subsequent 137
violation of paragrap h (4)(a) (3)(a) within 5 years after the 138
date of a prior conviction for a violation of paragraph (4)(a) 139
(3)(a) commits a noncriminal traffic infraction, punishable as a 140
moving violation as provided in chapter 318. 141
(6)(5) When a law enforcement officer issues a citation 142
for a violation of this section, the law enforcement officer 143
must record the race and ethnicity of the violator. All law 144
enforcement agencies must maintain such information and report 145
the information to th e department by April 1 annually in a form 146
and manner determined by the department. Beginning July 1, 2023, 147
the department shall annually report the data collected under 148
this subsection to the Governor, the President of the Senate, 149
and the Speaker of the H ouse of Representatives. The data 150
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collected must be reported at least by statewide totals for 151
local law enforcement agencies, state law enforcement agencies, 152
and state university law enforcement agencies. The statewide 153
total for local law enforcement agenc ies shall combine the data 154
for the county sheriffs and the municipal law enforcement 155
agencies. 156
Section 2. Section 316.306, Florida Statutes, is amended 157
to read: 158
316.306 School and work zones; penalties for prohibition 159
on the use of a wireless communi cations device in a handheld 160
manner.— 161
(1) For purposes of this section, the term "wireless 162
communications device" has the same meaning as provided in s. 163
316.305(3)(a). The term includes, but is not limited to, a cell 164
phone, a tablet, a laptop, a two -way messaging device, or an 165
electronic game that is used or capable of being used in a 166
handheld manner. The term does not include a safety, security, 167
or convenience feature built into a motor vehicle which does not 168
require the use of a handheld device. 169
(2) It is the intent of the Legislature to: 170
(a) Improve roadway safety in school and work zones for 171
all vehicle operators, vehicle passengers, bicyclists, 172
pedestrians, and other road users. 173
(b) Prevent crashes related to the act of driving while 174
using a wireless communications device in a handheld manner when 175
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operating a motor vehicle while the vehicle is in motion. 176
(c) Reduce injuries, deaths, property damage, health care 177
costs, health insurance rates, and automobile i nsurance rates 178
related to motor vehicle crashes. 179
(d) Authorize law enforcement officers to stop motor 180
vehicles and issue citations to persons who are driving in 181
school or work zones while using a wireless communications 182
device in a handheld manner as pro vided in subsection (3). 183
(3)(a)1. A person may not operate a motor vehicle while 184
using a wireless communications device in a handheld manner in a 185
designated school crossing, school zone, or work zone area as 186
defined in s. 316.003(111). This subparagraph shall only be 187
applicable to work zone areas if construction personnel are 188
present or are operating equipment on the road or immediately 189
adjacent to the work zone area. For the purposes of this 190
paragraph, a motor vehicle that is stationary is not being 191
operated and is not subject to the prohibition in this 192
paragraph. 193
2. Effective January 1, 2020, a law enforcement officer 194
may stop motor vehicles and issue citations to persons who are 195
driving while using a wireless communications device in a 196
handheld manner in violation of subparagraph 1. 197
(b) Paragraph (a) does not apply to a motor vehicle 198
operator who is: 199
1. Performing official duties as an operator of an 200
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authorized emergency vehicle as defined in s. 322.01, a law 201
enforcement or fire service professiona l, or an emergency 202
medical services professional. 203
2. Reporting an emergency or criminal or suspicious 204
activity to law enforcement authorities. 205
3. Receiving messages that are: 206
a. Related to the operation or navigation of the motor 207
vehicle; 208
b. Safety-related information, including emergency, 209
traffic, or weather alerts; 210
c. Data used primarily by the motor vehicle; or 211
d. Radio broadcasts. 212
4. Using a device or system in a hands -free manner for 213
navigation purposes. 214
5. Using a wireless communicatio ns device hands-free or 215
hands-free in voice-operated mode, including, but not limited 216
to, a factory-installed or after-market Bluetooth device. 217
6. Operating an autonomous vehicle, as defined in s. 218
316.003, in autonomous mode. 219
(c) A law enforcement offi cer who stops a motor vehicle 220
for a violation of paragraph (a) must inform the motor vehicle 221
operator of his or her right to decline a search of his or her 222
wireless communications device and may not: 223
1. Access the wireless communications device without a 224
warrant. 225
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2. Confiscate the wireless communications device while 226
awaiting issuance of a warrant to access such device. 227
3. Obtain consent from the motor vehicle operator to 228
search his or her wireless communications device through 229
coercion or other impro per method. Consent to search a motor 230
vehicle operator's wireless communications device must be 231
voluntary and unequivocal. 232
(d) Only in the event of a crash resulting in death or 233
serious bodily injury, as defined in s. 316.027, may a user's 234
billing records for a wireless communications device, or the 235
testimony of or written statements from appropriate authorities 236
receiving such messages, be admissible as evidence in any 237
proceeding to determine whether a violation of subparagraph 238
(a)1. has been committed. 239
(e) Law enforcement officers must indicate the type of 240
wireless communications device in the comment section of the 241
uniform traffic citation. 242
(1)(4)(a) A Any person who violates s. 316.305(4)(a) in a 243
designated school crossing, in a school zone, or in a work zone 244
area as defined in s. 316.003, if construction personnel are 245
present or are operating equipment on the road or immediately 246
adjacent to the work zone area, this section commits a 247
noncriminal traffic infraction, punishable as a moving 248
violation, as provided in chapter 318, and shall have 3 points 249
assessed against his or her driver license as set forth in s. 250
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322.27(3)(d)7. 251
(a) For a first violation offense under this section , in 252
lieu of the penalty specified in s. 318.18 and the assessment of 253
points, a person who violates this section may elect to 254
participate in a wireless communications device driving safety 255
program approved by the Department of Highway Safety and Motor 256
Vehicles. Upon completion of such program, the penalty specified 257
in s. 318.18 and associated costs may be waived by the clerk of 258
the court and the assessment of points must be waived. 259
(b) The clerk of the court may dismiss a case and assess 260
court costs in accordance with s. 318.18(11)(a) for a nonmoving 261
traffic infraction for a pe rson who is cited for a first time 262
violation of this section if the person shows the clerk proof of 263
purchase of equipment that enables his or her personal wireless 264
communications device to be used in a hands -free manner. 265
(2)(5) Notwithstanding s. 318.21, all proceeds collected 266
pursuant to s. 318.18 for violations under of this section must 267
be remitted to the Department of Revenue for deposit into the 268
Emergency Medical Services Trust Fund of the Department of 269
Health. 270
(3)(6) When a law enforcement officer issues a citation 271
for a violation under of this section, the law enforcement 272
officer must: 273
(a) Indicate in the comment section of the uniform traffic 274
citation the type of wireless communications device that was 275
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used to commit the violation. 276
(b) Record the race and ethnicity of the violator. All law 277
enforcement agencies must maintain such information and must 278
report such information to the department in a form and manner 279
determined by the department. Beginning February 1, 2020, the 280
department shall annually report the data collected under this 281
paragraph subsection to the Governor, the President of the 282
Senate, and the Speaker of the House of Representatives. The 283
data collected must be reported at least by statewide totals f or 284
local law enforcement agencies, state law enforcement agencies, 285
and state university law enforcement agencies. The statewide 286
total for local law enforcement agencies must combine the data 287
for the county sheriffs and the municipal law enforcement 288
agencies. 289
Section 3. This act shall take effect July 1, 2024. 290