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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; revising 3
legislative intent; defining terms; prohibiting a 4
person from operating a motor vehicle while using a 5
wireless communications device in a handheld manner; 6
providing an exception; requiring that sustained use 7
of a wireless communications device by a person 8
operating a motor vehicle be conducted through a 9
hands-free accessory until such use is terminated; 10
revising exceptions to the prohibition; removing 11
obsolete provisions; providing penalties; amending s. 12
316.306, F.S.; revising penalty provisions relating to 13
the use of wireless communications devices in a 14
handheld manner in certain circumstances; conforming 15
provisions to changes made by the act; providing an 16
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 21
to read: 22
316.305 Wireless communications devices; use in a handheld 23
manner prohibited prohibition.— 24
(1) This section may be cited as the "Florida Hands-Free 25
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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
Ban on Texting While Driving Law." 26
(2) It is the intent of the Legislature to: 27
(a) Improve roadway safety for a ll 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 par t of the body. 44
(b) "Hands-free accessory" means an attachment to or a 45
built-in feature of a wireless communications device which 46
allows the operator of a motor vehicle to engage in 47
interpersonal communication or otherwise use such device other 48
than in a handheld manner. 49
(c) "Wireless communications device": 50
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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
1. Means a handheld device used or capable of being used 51
in 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 61
as 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, a citizens band radio hybrid, a commercial 67
two-way radio communications device or its functional 68
equivalent, a subscription -based emergency communications 69
device, a prescribed medical d evice, an amateur or ham radio 70
device, or an in-vehicle security, navigation, communications, 71
or remote diagnostics system. 72
(4)(a)(3)(a) A person may not operate a motor vehicle 73
while using manually typing or entering multiple letters, 74
numbers, symbols, or other characters into a wireless 75
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communications device in a handheld manner except to activate, 76
deactivate, initiate, or terminate a feature or function of the 77
device, including a hands -free accessory. Sustained use of a 78
wireless communications device b y a person operating a motor 79
vehicle must be conducted through a hands -free accessory until 80
such use is terminated. or while sending or reading data on such 81
a device for the purpose of nonvoice interpersonal 82
communication, including, but not limited to, co mmunication 83
methods known as texting, e -mailing, and instant messaging. As 84
used in this section, the term "wireless communications device" 85
means any handheld device used or capable of being used in a 86
handheld manner, that is designed or intended to receive or 87
transmit text or character -based messages, access or store data, 88
or connect to the Internet or any communications service as 89
defined in s. 812.15 and that allows text communications. For 90
the purposes of this paragraph, A motor vehicle that is 91
stationary is not being operated and is not subject to the 92
prohibition in this 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. 322.0 1, 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
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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 119
for 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
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awaiting issuance of a warrant to access such device. 126
3. Obtain consent from the motor vehicle operator to 127
search his or her wireless communications device through 128
coercion or other improper method. Consent t o search a motor 129
vehicle operator's wireless communications device must be 130
voluntary and unequivocal. 131
(d) Only in the event of a crash resulting in death or 132
personal injury, a user's billing records for a wireless 133
communications device or the testimony o f 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 146
for a violation of this section, the law enforcement officer 147
must 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
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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 161
to read: 162
316.306 Penalties for School and work zones; prohibition 163
on the use of a wireless communications device in a handheld 164
manner on any roadway when construction personnel are present or 165
operating equipment.— 166
(1) For purposes of this section, the term "wireless 167
communications device" has the same meaning as provided in s. 168
316.305(3)(a). The term includes, but is not limited to, a cell 169
phone, a tablet, a laptop, a two -way messaging device, or an 170
electronic game that is used or capable of being used in a 171
handheld manner. The term does not include a safety, security, 172
or convenience feature built into a motor vehicle which does not 173
require the use of a handheld device. 174
(2) It is the intent of the Legislature to: 175
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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) Improve roadway safety in school and work zones for 176
all vehicle operators, vehicle passengers, bicyclists, 177
pedestrians, and other road users. 178
(b) Prevent crashes related to the act of driving while 179
using a wireless communications device in a handheld manner when 180
operating a motor vehicle while the vehicle is in motion. 181
(c) Reduce injuries, deaths, property damage, health care 182
costs, health insurance rates, and automobile insurance rates 183
related to motor vehicle crashes. 184
(d) Authorize law enforcement officers to stop motor 185
vehicles and issue citations to persons who are driving in 186
school or work zones while using a wireless communications 187
device in a handheld manner as provided in subsection (3). 188
(3)(a)1. A person may not operate a motor vehicle while 189
using a wireless communications device in a handheld manner in a 190
designated school crossing, school zone, or work zone area as 191
defined in s. 316.003(112). This subparagraph shall onl y be 192
applicable to work zone areas if construction personnel are 193
present or are operating equipment on the road or immediately 194
adjacent to the work zone area. For the purposes of this 195
paragraph, a motor vehicle that is stationary is not being 196
operated and is not subject to the prohibition in this 197
paragraph. 198
2. Effective January 1, 2020, a law enforcement officer 199
may stop motor vehicles and issue citations to persons who are 200
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driving while using a wireless communications device in a 201
handheld manner in viola tion of subparagraph 1. 202
(b) Paragraph (a) does not apply to a motor vehicle 203
operator who is: 204
1. Performing official duties as an operator of an 205
authorized emergency vehicle as defined in s. 322.01, a law 206
enforcement or fire service professional, or an emergency 207
medical services professional. 208
2. Reporting an emergency or criminal or suspicious 209
activity to law enforcement authorities. 210
3. Receiving messages that are: 211
a. Related to the operation or navigation of the motor 212
vehicle; 213
b. Safety-related information, including emergency, 214
traffic, or weather alerts; 215
c. Data used primarily by the motor vehicle; or 216
d. Radio broadcasts. 217
4. Using a device or system in a hands -free manner for 218
navigation purposes. 219
5. Using a wireless communications device hands-free or 220
hands-free in voice-operated mode, including, but not limited 221
to, a factory-installed or after-market Bluetooth device. 222
6. Operating an autonomous vehicle, as defined in s. 223
316.003, in autonomous mode. 224
(c) A law enforcement officer who s tops a motor vehicle 225
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for a violation of paragraph (a) must inform the motor vehicle 226
operator of his or her right to decline a search of his or her 227
wireless communications device and may not: 228
1. Access the wireless communications device without a 229
warrant. 230
2. Confiscate the wireless communications device while 231
awaiting issuance of a warrant to access such device. 232
3. Obtain consent from the motor vehicle operator to 233
search his or her wireless communications device through 234
coercion or other improper metho d. Consent to search a motor 235
vehicle operator's wireless communications device must be 236
voluntary and unequivocal. 237
(d) Only in the event of a crash resulting in death or 238
serious bodily injury, as defined in s. 316.027, may a user's 239
billing records for a w ireless communications device, or the 240
testimony of or written statements from appropriate authorities 241
receiving such messages, be admissible as evidence in any 242
proceeding to determine whether a violation of subparagraph 243
(a)1. has been committed. 244
(e) Law enforcement officers must indicate the type of 245
wireless communications device in the comment section of the 246
uniform traffic citation. 247
(4)(a) A Any person who violates s. 316.305(4)(a) on any 248
roadway when construction personnel are present or are operatin g 249
equipment on the road or immediately adjacent to the work zone 250
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area this section commits a noncriminal traffic infraction, 251
punishable as a moving violation , as provided in chapter 318 , 252
and shall pay a fine of $150 and have 3 points assessed against 253
his or her driver license. A person who commits a second 254
violation shall pay a fine of $250 and have 3 points assessed 255
against his or her driver license. A person who commits a third 256
violation shall pay a fine of $500, have 4 points assessed 257
against his or her driver license, and have his or her driver 258
license suspended for 90 days , and shall have 3 points assessed 259
against his or her driver license as set forth in s. 260
322.27(3)(d)8. 261
(a) For a first violation offense under this section , in 262
lieu of the penalty specified in s. 318.18 and the assessment of 263
points, a person who violates this section may elect to 264
participate in a wireless communications device driving safety 265
program approved by the Department of Highway Safety and Motor 266
Vehicles. Upon completion of such program, the penalties penalty 267
specified in this subsection and s. 318.18 and associated costs 268
may be waived by the clerk of the court and the assessment of 269
points must be waived. 270
(b) The clerk of the court may dismiss a case and assess 271
court costs in accordance with s. 318.18(12)(a) for a nonmoving 272
traffic infraction for a person who is cited for a first time 273
violation of this section if the person shows the clerk proof of 274
purchase of equipment that enables his or her personal wireless 275
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communications device to be used in a hands -free manner. 276
(2)(5) Notwithstanding s. 318.21, all proceeds collected 277
pursuant to s. 318.18 for violations under of this section must 278
be remitted to the Department of Revenue for deposit into the 279
Emergency Medical Services Trust Fund of the Department of 280
Health. 281
(3)(6) When a law enforcement officer issues a citation 282
for a violation under of this section, the law enforcement 283
officer must: 284
(a) Indicate in the comment section of the uniform traffic 285
citation the type of wireless communications device that was 286
used to commit the violation. 287
(b) Record the race and ethnicity of the violator. All law 288
enforcement agencies must maintain such information and must 289
report such information to the department in a form and manner 290
determined by the department. Beginning February 1, 2020, the 291
department shall annually report the data collected under this 292
paragraph subsection to the Governor, the President of the 293
Senate, and the Speaker of the House of Representatives. The 294
data collected must be reported at least by statewide totals for 295
local law enforcement agencies, state law enforcement agencies, 296
and state university law enforcement agencies. The statewide 297
total for local law enforcement agencies is a combination of 298
must combine the data for the county sheriffs and the municipal 299
law enforcement agencies. 300
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Section 3. This act shall take effect July 1, 2025. 301