Florida Senate - 2024 SB 1664 By Senator Rodriguez 40-00669C-24 20241664__ 1 A bill to be entitled 2 An act relating to hands-free driving; amending s. 3 316.305, F.S.; revising a short title; defining terms; 4 prohibiting a person from operating a motor vehicle 5 while using a wireless communications device in a 6 handheld manner; providing an exception; requiring 7 that sustained use of a wireless communications device 8 by a person operating a motor vehicle be conducted 9 through a hands-free accessory until such use is 10 terminated; revising exceptions to the prohibition; 11 removing obsolete provisions; providing penalties; 12 making a technical change; amending s. 316.306, F.S.; 13 revising penalty provisions relating to the use of 14 wireless communication devices; conforming provisions 15 to changes made by the act; making a technical change; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1.Section 316.305, Florida Statutes, is amended to 21 read: 22 316.305Wireless communications devices; use in a handheld 23 manner prohibited prohibition. 24 (1)This section may be cited as the Florida Hands-Free 25 Ban on Texting While Driving Law. 26 (2)It is the intent of the Legislature to: 27 (a)Improve roadway safety for all vehicle operators, 28 vehicle passengers, bicyclists, pedestrians, and other road 29 users. 30 (b)Prevent crashes related to the use of a wireless 31 communications device in a handheld manner act of text messaging 32 while driving a motor vehicle. 33 (c)Reduce injuries, deaths, property damage, health care 34 costs, health insurance rates, and automobile insurance rates 35 related to motor vehicle crashes. 36 (d)Authorize law enforcement officers to stop motor 37 vehicles and issue citations to persons who are using wireless 38 communications devices in a handheld manner texting while 39 driving. 40 (3)As used in this section, the term: 41 (a)Handheld manner means holding a wireless 42 communications device in one or both hands or physically 43 supporting the device with any other part of the body. 44 (b)Hands-free accessory means an attachment to or built 45 in feature of a wireless communications device which allows the 46 operator of a motor vehicle to engage in interpersonal 47 communication or otherwise use such device other than in a 48 handheld manner. 49 (c)Wireless communications device: 50 1.Means a handheld device used or capable of being used in 51 a handheld manner to: 52 a.Transmit or receive a voice message; initiate, receive, 53 or maintain a telephone call; or otherwise engage in 54 interpersonal voice communication; 55 b.Receive or transmit text-based or character-based 56 messages or otherwise engage in interpersonal nonvoice 57 communication; 58 c.Record or display videos or images; 59 d.Enter, access, or store data; or 60 e.Connect to the Internet or any communications service as 61 defined in s. 812.15(1). 62 2.Includes, but is not limited to, a cellular telephone, 63 smartphone, tablet computer, laptop computer, two-way messaging 64 device, electronic gaming device, or device capable of 65 displaying videos or images. The term does not include a 66 citizens band radio, citizens band radio hybrid, commercial two 67 way radio communications device or its functional equivalent, 68 subscription-based emergency communications device, prescribed 69 medical device, amateur or ham radio device, or in-vehicle 70 security, navigation, communications, or remote diagnostics 71 system. 72 (4)(a)(3)(a)A person may not operate a motor vehicle while 73 using manually typing or entering multiple letters, numbers, 74 symbols, or other characters into a wireless communications 75 device in a handheld manner except to activate, deactivate, 76 initiate, or terminate a feature or function of the device, 77 including a hands-free accessory. Sustained use of a wireless 78 communications device by a person operating a motor vehicle must 79 be conducted through a hands-free accessory until such use is 80 terminated. or while sending or reading data on such a device 81 for the purpose of nonvoice interpersonal communication, 82 including, but not limited to, communication methods known as 83 texting, e-mailing, and instant messaging. As used in this 84 section, the term wireless communications device means any 85 handheld device used or capable of being used in a handheld 86 manner, that is designed or intended to receive or transmit text 87 or character-based messages, access or store data, or connect to 88 the Internet or any communications service as defined in s. 89 812.15 and that allows text communications. For the purposes of 90 this paragraph, A motor vehicle that is stationary is not being 91 operated and is not subject to the prohibition in this 92 paragraph. 93 (b)Paragraph (a) does not apply to a motor vehicle 94 operator who is: 95 1.Performing official duties as an operator of an 96 authorized emergency vehicle as defined in s. 322.01, a law 97 enforcement or fire service professional, or an emergency 98 medical services professional. 99 2.Reporting an emergency or criminal or suspicious 100 activity to law enforcement authorities. 101 3.Receiving messages that are: 102 a.Related to the operation or navigation of the motor 103 vehicle; 104 b.Safety-related information, including emergency, 105 traffic, or weather alerts; 106 c.Data used primarily by the motor vehicle; or 107 d.Radio broadcasts. 108 4.Using a device or system for navigation purposes. 109 5.Conducting wireless interpersonal communication that 110 does not require manual entry of multiple letters, numbers, or 111 symbols, except to activate, deactivate, or initiate a feature 112 or function. 113 6.Conducting wireless interpersonal communication that 114 does not require reading text messages, except to activate, 115 deactivate, or initiate a feature or function. 116 7.Operating an autonomous vehicle, as defined in s. 117 316.003(3), with the automated driving system engaged. 118 (c)A law enforcement officer who stops a motor vehicle for 119 a violation of paragraph (a) must inform the motor vehicle 120 operator of his or her right to decline a search of his or her 121 wireless communications device and may not: 122 1.Access the wireless communications device without a 123 warrant. 124 2.Confiscate the wireless communications device while 125 awaiting issuance of a warrant to access such device. 126 3.Obtain consent from the motor vehicle operator to search 127 his or her wireless communications device through coercion or 128 other improper method. Consent to search a motor vehicle 129 operators wireless communications device must be voluntary and 130 unequivocal. 131 (d)Only in the event of a crash resulting in death or 132 personal injury, a users billing records for a wireless 133 communications device or the testimony of or written statements 134 from appropriate authorities receiving such messages may be 135 admissible as evidence in any proceeding to determine whether a 136 violation of paragraph (a) has been committed. 137 (5)(a)(4)(a)A Any person who violates paragraph (4)(a) 138 (3)(a) commits a noncriminal traffic infraction, punishable as a 139 nonmoving violation as provided in chapter 318. 140 (b)A Any person who commits a second or subsequent 141 violation of paragraph (4)(a) (3)(a) within 5 years after the 142 date of a prior conviction for a violation of paragraph (4)(a) 143 (3)(a) commits a noncriminal traffic infraction, punishable as a 144 moving violation as provided in chapter 318. 145 (6)(5)When a law enforcement officer issues a citation for 146 a violation of this section, the law enforcement officer must 147 record the race and ethnicity of the violator. All law 148 enforcement agencies must maintain such information and report 149 the information to the department by April 1 annually in a form 150 and manner determined by the department. Beginning July 1, 2023, 151 the department shall annually report the data collected under 152 this subsection to the Governor, the President of the Senate, 153 and the Speaker of the House of Representatives. The data 154 collected must be reported at least by statewide totals for 155 local law enforcement agencies, state law enforcement agencies, 156 and state university law enforcement agencies. The statewide 157 total for local law enforcement agencies shall combine the data 158 for the county sheriffs and the municipal law enforcement 159 agencies. 160 Section 2.Section 316.306, Florida Statutes, is amended to 161 read: 162 316.306Penalties for School and work zones; prohibition on 163 the use of a wireless communications device in a handheld manner 164 on any roadway. 165 (1)For purposes of this section, the term wireless 166 communications device has the same meaning as provided in s. 167 316.305(3)(a). The term includes, but is not limited to, a cell 168 phone, a tablet, a laptop, a two-way messaging device, or an 169 electronic game that is used or capable of being used in a 170 handheld manner. The term does not include a safety, security, 171 or convenience feature built into a motor vehicle which does not 172 require the use of a handheld device. 173 (2)It is the intent of the Legislature to: 174 (a)Improve roadway safety in school and work zones for all 175 vehicle operators, vehicle passengers, bicyclists, pedestrians, 176 and other road users. 177 (b)Prevent crashes related to the act of driving while 178 using a wireless communications device in a handheld manner when 179 operating a motor vehicle while the vehicle is in motion. 180 (c)Reduce injuries, deaths, property damage, health care 181 costs, health insurance rates, and automobile insurance rates 182 related to motor vehicle crashes. 183 (d)Authorize law enforcement officers to stop motor 184 vehicles and issue citations to persons who are driving in 185 school or work zones while using a wireless communications 186 device in a handheld manner as provided in subsection (3). 187 (3)(a)1.A person may not operate a motor vehicle while 188 using a wireless communications device in a handheld manner in a 189 designated school crossing, school zone, or work zone area as 190 defined in s. 316.003(111). This subparagraph shall only be 191 applicable to work zone areas if construction personnel are 192 present or are operating equipment on the road or immediately 193 adjacent to the work zone area. For the purposes of this 194 paragraph, a motor vehicle that is stationary is not being 195 operated and is not subject to the prohibition in this 196 paragraph. 197 2.Effective January 1, 2020, a law enforcement officer may 198 stop motor vehicles and issue citations to persons who are 199 driving while using a wireless communications device in a 200 handheld manner in violation of subparagraph 1. 201 (b)Paragraph (a) does not apply to a motor vehicle 202 operator who is: 203 1.Performing official duties as an operator of an 204 authorized emergency vehicle as defined in s. 322.01, a law 205 enforcement or fire service professional, or an emergency 206 medical services professional. 207 2.Reporting an emergency or criminal or suspicious 208 activity to law enforcement authorities. 209 3.Receiving messages that are: 210 a.Related to the operation or navigation of the motor 211 vehicle; 212 b.Safety-related information, including emergency, 213 traffic, or weather alerts; 214 c.Data used primarily by the motor vehicle; or 215 d.Radio broadcasts. 216 4.Using a device or system in a hands-free manner for 217 navigation purposes. 218 5.Using a wireless communications device hands-free or 219 hands-free in voice-operated mode, including, but not limited 220 to, a factory-installed or after-market Bluetooth device. 221 6.Operating an autonomous vehicle, as defined in s. 222 316.003, in autonomous mode. 223 (c)A law enforcement officer who stops a motor vehicle for 224 a violation of paragraph (a) must inform the motor vehicle 225 operator of his or her right to decline a search of his or her 226 wireless communications device and may not: 227 1.Access the wireless communications device without a 228 warrant. 229 2.Confiscate the wireless communications device while 230 awaiting issuance of a warrant to access such device. 231 3.Obtain consent from the motor vehicle operator to search 232 his or her wireless communications device through coercion or 233 other improper method. Consent to search a motor vehicle 234 operators wireless communications device must be voluntary and 235 unequivocal. 236 (d)Only in the event of a crash resulting in death or 237 serious bodily injury, as defined in s. 316.027, may a users 238 billing records for a wireless communications device, or the 239 testimony of or written statements from appropriate authorities 240 receiving such messages, be admissible as evidence in any 241 proceeding to determine whether a violation of subparagraph 242 (a)1. has been committed. 243 (e)Law enforcement officers must indicate the type of 244 wireless communications device in the comment section of the 245 uniform traffic citation. 246 (1)(4)(a)A Any person who violates s. 316.305(4)(a) on any 247 roadway when construction personnel are present or are operating 248 equipment on the road or immediately adjacent to the work zone 249 area this section commits a noncriminal traffic infraction, 250 punishable as a moving violation, as provided in chapter 318, 251 and shall pay a fine of $150 and have 3 points assessed against 252 his or her driver license. A person who commits a second 253 violation shall pay a fine of $250 and have 3 points assessed 254 against his or her driver license. A person who commits a third 255 violation shall pay a fine of $500, have 4 points assessed 256 against his or her driver license, and have his or her driver 257 license suspended for 90 days, and shall have 3 points assessed 258 against his or her driver license as set forth in s. 259 322.27(3)(d)7. 260 (a)For a first violation offense under this section, in 261 lieu of the penalty specified in s. 318.18 and the assessment of 262 points, a person who violates this section may elect to 263 participate in a wireless communications device driving safety 264 program approved by the Department of Highway Safety and Motor 265 Vehicles. Upon completion of such program, the penalties penalty 266 specified in this section and s. 318.18 and associated costs may 267 be waived by the clerk of the court and the assessment of points 268 must be waived. 269 (b)The clerk of the court may dismiss a case and assess 270 court costs in accordance with s. 318.18(11)(a) for a nonmoving 271 traffic infraction for a person who is cited for a first time 272 violation of this section if the person shows the clerk proof of 273 purchase of equipment that enables his or her personal wireless 274 communications device to be used in a hands-free manner. 275 (2)(5)Notwithstanding s. 318.21, all proceeds collected 276 pursuant to s. 318.18 for violations under of this section must 277 be remitted to the Department of Revenue for deposit into the 278 Emergency Medical Services Trust Fund of the Department of 279 Health. 280 (3)(6)When a law enforcement officer issues a citation for 281 a violation under of this section, the law enforcement officer 282 must: 283 (a)Indicate in the comment section of the uniform traffic 284 citation the type of wireless communications device that was 285 used to commit the violation. 286 (b)Record the race and ethnicity of the violator. All law 287 enforcement agencies must maintain such information and must 288 report such information to the department in a form and manner 289 determined by the department. Beginning February 1, 2020, the 290 department shall annually report the data collected under this 291 paragraph subsection to the Governor, the President of the 292 Senate, and the Speaker of the House of Representatives. The 293 data collected must be reported at least by statewide totals for 294 local law enforcement agencies, state law enforcement agencies, 295 and state university law enforcement agencies. The statewide 296 total for local law enforcement agencies is a combination of 297 must combine the data for the county sheriffs and the municipal 298 law enforcement agencies. 299 Section 3.This act shall take effect July 1, 2024.