Florida 2025 Regular Session

Florida House Bill H0501 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11
22
33 HB 501 2025
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
88 hb501-00
99 Page 1 of 13
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to hands -free driving; amending s. 2
1616 316.305, F.S.; revising a short title; revising 3
1717 legislative intent; defining terms; prohibiting a 4
1818 person from operating a motor vehicle while using a 5
1919 wireless communications device in a handheld manner; 6
2020 providing an exception; requiring that sustained use 7
2121 of a wireless communications device by a person 8
2222 operating a motor vehicle be conducted through a 9
2323 hands-free accessory until such use is terminated; 10
2424 revising exceptions to the prohibition; removing 11
2525 obsolete provisions; providing penalties; amending s. 12
2626 316.306, F.S.; revising penalty provisions relating to 13
2727 the use of wireless communications devices in a 14
2828 handheld manner in certain circumstances; conforming 15
2929 provisions to changes made by the act; providing an 16
3030 effective date. 17
3131 18
3232 Be It Enacted by the Legislature of the State of Florida: 19
3333 20
3434 Section 1. Section 316.305, Florida Statutes, is amended 21
3535 to read: 22
3636 316.305 Wireless communications devices; use in a handheld 23
3737 manner prohibited prohibition.— 24
3838 (1) This section may be cited as the "Florida Hands-Free 25
3939
4040 HB 501 2025
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
4545 hb501-00
4646 Page 2 of 13
4747 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
4848
4949
5050
5151 Ban on Texting While Driving Law." 26
5252 (2) It is the intent of the Legislature to: 27
5353 (a) Improve roadway safety for a ll vehicle operators, 28
5454 vehicle passengers, bicyclists, pedestrians, and other road 29
5555 users. 30
5656 (b) Prevent crashes related to the use of a wireless 31
5757 communications device in a handheld manner act of text messaging 32
5858 while driving a motor vehicle. 33
5959 (c) Reduce injuries, deaths, property damage, health care 34
6060 costs, health insurance rates, and automobile insurance rates 35
6161 related to motor vehicle crashes. 36
6262 (d) Authorize law enforcement officers to stop motor 37
6363 vehicles and issue citations to persons who are using wireless 38
6464 communications devices in a handheld manner texting while 39
6565 driving. 40
6666 (3) As used in this section, the term: 41
6767 (a) "Handheld manner" means holding a wireless 42
6868 communications device in one or both hands or physically 43
6969 supporting the device with any other par t of the body. 44
7070 (b) "Hands-free accessory" means an attachment to or a 45
7171 built-in feature of a wireless communications device which 46
7272 allows the operator of a motor vehicle to engage in 47
7373 interpersonal communication or otherwise use such device other 48
7474 than in a handheld manner. 49
7575 (c) "Wireless communications device": 50
7676
7777 HB 501 2025
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
8282 hb501-00
8383 Page 3 of 13
8484 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
8585
8686
8787
8888 1. Means a handheld device used or capable of being used 51
8989 in a handheld manner to: 52
9090 a. Transmit or receive a voice message; initiate, receive, 53
9191 or maintain a telephone call; or otherwise engage in 54
9292 interpersonal voice communication; 55
9393 b. Receive or transmit text -based or character-based 56
9494 messages or otherwise engage in interpersonal nonvoice 57
9595 communication; 58
9696 c. Record or display videos or images; 59
9797 d. Enter, access, or store data; or 60
9898 e. Connect to the Internet or any communications service 61
9999 as defined in s. 812.15(1). 62
100100 2. Includes, but is not limited to, a cellular telephone, 63
101101 smartphone, tablet computer, laptop computer, two -way messaging 64
102102 device, electronic gaming device, or device capable of 65
103103 displaying videos or images. The term does not include a 66
104104 citizens band radio, a citizens band radio hybrid, a commercial 67
105105 two-way radio communications device or its functional 68
106106 equivalent, a subscription -based emergency communications 69
107107 device, a prescribed medical d evice, an amateur or ham radio 70
108108 device, or an in-vehicle security, navigation, communications, 71
109109 or remote diagnostics system. 72
110110 (4)(a)(3)(a) A person may not operate a motor vehicle 73
111111 while using manually typing or entering multiple letters, 74
112112 numbers, symbols, or other characters into a wireless 75
113113
114114 HB 501 2025
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119119 hb501-00
120120 Page 4 of 13
121121 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
122122
123123
124124
125125 communications device in a handheld manner except to activate, 76
126126 deactivate, initiate, or terminate a feature or function of the 77
127127 device, including a hands -free accessory. Sustained use of a 78
128128 wireless communications device b y a person operating a motor 79
129129 vehicle must be conducted through a hands -free accessory until 80
130130 such use is terminated. or while sending or reading data on such 81
131131 a device for the purpose of nonvoice interpersonal 82
132132 communication, including, but not limited to, co mmunication 83
133133 methods known as texting, e -mailing, and instant messaging. As 84
134134 used in this section, the term "wireless communications device" 85
135135 means any handheld device used or capable of being used in a 86
136136 handheld manner, that is designed or intended to receive or 87
137137 transmit text or character -based messages, access or store data, 88
138138 or connect to the Internet or any communications service as 89
139139 defined in s. 812.15 and that allows text communications. For 90
140140 the purposes of this paragraph, A motor vehicle that is 91
141141 stationary is not being operated and is not subject to the 92
142142 prohibition in this paragraph. 93
143143 (b) Paragraph (a) does not apply to a motor vehicle 94
144144 operator who is: 95
145145 1. Performing official duties as an operator of an 96
146146 authorized emergency vehicle as defined in s. 322.0 1, a law 97
147147 enforcement or fire service professional, or an emergency 98
148148 medical services professional. 99
149149 2. Reporting an emergency or criminal or suspicious 100
150150
151151 HB 501 2025
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156156 hb501-00
157157 Page 5 of 13
158158 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
159159
160160
161161
162162 activity to law enforcement authorities. 101
163163 3. Receiving messages that are: 102
164164 a. Related to the operation or navigation of the motor 103
165165 vehicle; 104
166166 b. Safety-related information, including emergency, 105
167167 traffic, or weather alerts; 106
168168 c. Data used primarily by the motor vehicle; or 107
169169 d. Radio broadcasts. 108
170170 4. Using a device or system for navigation purposes. 109
171171 5. Conducting wireless interpersonal communication that 110
172172 does not require manual entry of multiple letters, numbers, or 111
173173 symbols, except to activate, deactivate, or initiate a feature 112
174174 or function. 113
175175 6. Conducting wireless interpersonal communication that 114
176176 does not require reading text messages, except to activate, 115
177177 deactivate, or initiate a feature or function. 116
178178 7. Operating an autonomous vehicle, as defined in s. 117
179179 316.003(3), with the automated driving system engaged. 118
180180 (c) A law enforcement officer who stops a motor vehicle 119
181181 for a violation of paragraph (a) must inform the motor vehicle 120
182182 operator of his or her right to decline a search of his or her 121
183183 wireless communications device and may not: 122
184184 1. Access the wireless communications device without a 123
185185 warrant. 124
186186 2. Confiscate the wireless communications device while 125
187187
188188 HB 501 2025
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193193 hb501-00
194194 Page 6 of 13
195195 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
196196
197197
198198
199199 awaiting issuance of a warrant to access such device. 126
200200 3. Obtain consent from the motor vehicle operator to 127
201201 search his or her wireless communications device through 128
202202 coercion or other improper method. Consent t o search a motor 129
203203 vehicle operator's wireless communications device must be 130
204204 voluntary and unequivocal. 131
205205 (d) Only in the event of a crash resulting in death or 132
206206 personal injury, a user's billing records for a wireless 133
207207 communications device or the testimony o f or written statements 134
208208 from appropriate authorities receiving such messages may be 135
209209 admissible as evidence in any proceeding to determine whether a 136
210210 violation of paragraph (a) has been committed. 137
211211 (5)(a)(4)(a) A Any person who violates paragraph (4)(a) 138
212212 (3)(a) commits a noncriminal traffic infraction, punishable as a 139
213213 nonmoving violation as provided in chapter 318. 140
214214 (b) A Any person who commits a second or subsequent 141
215215 violation of paragraph (4)(a) (3)(a) within 5 years after the 142
216216 date of a prior conviction for a violation of paragraph (4)(a) 143
217217 (3)(a) commits a noncriminal traffic infraction, punishable as a 144
218218 moving violation as provided in chapter 318. 145
219219 (6)(5) When a law enforcement officer issues a citation 146
220220 for a violation of this section, the law enforcement officer 147
221221 must record the race and ethnicity of the violator. All law 148
222222 enforcement agencies must maintain such information and report 149
223223 the information to the department by April 1 annually in a form 150
224224
225225 HB 501 2025
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230230 hb501-00
231231 Page 7 of 13
232232 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
233233
234234
235235
236236 and manner determined by the department. Beginning July 1, 2023, 151
237237 the department shall annually report the data collected under 152
238238 this subsection to the Governor, the President of the Senate, 153
239239 and the Speaker of the House of Representatives. The data 154
240240 collected must be reported at least by statewide totals for 155
241241 local law enforcement agencies, state law enforcement agencies, 156
242242 and state university law enforcement agencies. The statewide 157
243243 total for local law enforcement agencies shall combine the data 158
244244 for the county sheriffs and the municipal law enforcement 159
245245 agencies. 160
246246 Section 2. Section 316.306, Florida Statutes, is amended 161
247247 to read: 162
248248 316.306 Penalties for School and work zones; prohibition 163
249249 on the use of a wireless communications device in a handheld 164
250250 manner on any roadway when construction personnel are present or 165
251251 operating equipment.— 166
252252 (1) For purposes of this section, the term "wireless 167
253253 communications device" has the same meaning as provided in s. 168
254254 316.305(3)(a). The term includes, but is not limited to, a cell 169
255255 phone, a tablet, a laptop, a two -way messaging device, or an 170
256256 electronic game that is used or capable of being used in a 171
257257 handheld manner. The term does not include a safety, security, 172
258258 or convenience feature built into a motor vehicle which does not 173
259259 require the use of a handheld device. 174
260260 (2) It is the intent of the Legislature to: 175
261261
262262 HB 501 2025
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267267 hb501-00
268268 Page 8 of 13
269269 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
270270
271271
272272
273273 (a) Improve roadway safety in school and work zones for 176
274274 all vehicle operators, vehicle passengers, bicyclists, 177
275275 pedestrians, and other road users. 178
276276 (b) Prevent crashes related to the act of driving while 179
277277 using a wireless communications device in a handheld manner when 180
278278 operating a motor vehicle while the vehicle is in motion. 181
279279 (c) Reduce injuries, deaths, property damage, health care 182
280280 costs, health insurance rates, and automobile insurance rates 183
281281 related to motor vehicle crashes. 184
282282 (d) Authorize law enforcement officers to stop motor 185
283283 vehicles and issue citations to persons who are driving in 186
284284 school or work zones while using a wireless communications 187
285285 device in a handheld manner as provided in subsection (3). 188
286286 (3)(a)1. A person may not operate a motor vehicle while 189
287287 using a wireless communications device in a handheld manner in a 190
288288 designated school crossing, school zone, or work zone area as 191
289289 defined in s. 316.003(112). This subparagraph shall onl y be 192
290290 applicable to work zone areas if construction personnel are 193
291291 present or are operating equipment on the road or immediately 194
292292 adjacent to the work zone area. For the purposes of this 195
293293 paragraph, a motor vehicle that is stationary is not being 196
294294 operated and is not subject to the prohibition in this 197
295295 paragraph. 198
296296 2. Effective January 1, 2020, a law enforcement officer 199
297297 may stop motor vehicles and issue citations to persons who are 200
298298
299299 HB 501 2025
300300
301301
302302
303303 CODING: Words stricken are deletions; words underlined are additions.
304304 hb501-00
305305 Page 9 of 13
306306 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
307307
308308
309309
310310 driving while using a wireless communications device in a 201
311311 handheld manner in viola tion of subparagraph 1. 202
312312 (b) Paragraph (a) does not apply to a motor vehicle 203
313313 operator who is: 204
314314 1. Performing official duties as an operator of an 205
315315 authorized emergency vehicle as defined in s. 322.01, a law 206
316316 enforcement or fire service professional, or an emergency 207
317317 medical services professional. 208
318318 2. Reporting an emergency or criminal or suspicious 209
319319 activity to law enforcement authorities. 210
320320 3. Receiving messages that are: 211
321321 a. Related to the operation or navigation of the motor 212
322322 vehicle; 213
323323 b. Safety-related information, including emergency, 214
324324 traffic, or weather alerts; 215
325325 c. Data used primarily by the motor vehicle; or 216
326326 d. Radio broadcasts. 217
327327 4. Using a device or system in a hands -free manner for 218
328328 navigation purposes. 219
329329 5. Using a wireless communications device hands-free or 220
330330 hands-free in voice-operated mode, including, but not limited 221
331331 to, a factory-installed or after-market Bluetooth device. 222
332332 6. Operating an autonomous vehicle, as defined in s. 223
333333 316.003, in autonomous mode. 224
334334 (c) A law enforcement officer who s tops a motor vehicle 225
335335
336336 HB 501 2025
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341341 hb501-00
342342 Page 10 of 13
343343 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
344344
345345
346346
347347 for a violation of paragraph (a) must inform the motor vehicle 226
348348 operator of his or her right to decline a search of his or her 227
349349 wireless communications device and may not: 228
350350 1. Access the wireless communications device without a 229
351351 warrant. 230
352352 2. Confiscate the wireless communications device while 231
353353 awaiting issuance of a warrant to access such device. 232
354354 3. Obtain consent from the motor vehicle operator to 233
355355 search his or her wireless communications device through 234
356356 coercion or other improper metho d. Consent to search a motor 235
357357 vehicle operator's wireless communications device must be 236
358358 voluntary and unequivocal. 237
359359 (d) Only in the event of a crash resulting in death or 238
360360 serious bodily injury, as defined in s. 316.027, may a user's 239
361361 billing records for a w ireless communications device, or the 240
362362 testimony of or written statements from appropriate authorities 241
363363 receiving such messages, be admissible as evidence in any 242
364364 proceeding to determine whether a violation of subparagraph 243
365365 (a)1. has been committed. 244
366366 (e) Law enforcement officers must indicate the type of 245
367367 wireless communications device in the comment section of the 246
368368 uniform traffic citation. 247
369369 (4)(a) A Any person who violates s. 316.305(4)(a) on any 248
370370 roadway when construction personnel are present or are operatin g 249
371371 equipment on the road or immediately adjacent to the work zone 250
372372
373373 HB 501 2025
374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378378 hb501-00
379379 Page 11 of 13
380380 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
381381
382382
383383
384384 area this section commits a noncriminal traffic infraction, 251
385385 punishable as a moving violation , as provided in chapter 318 , 252
386386 and shall pay a fine of $150 and have 3 points assessed against 253
387387 his or her driver license. A person who commits a second 254
388388 violation shall pay a fine of $250 and have 3 points assessed 255
389389 against his or her driver license. A person who commits a third 256
390390 violation shall pay a fine of $500, have 4 points assessed 257
391391 against his or her driver license, and have his or her driver 258
392392 license suspended for 90 days , and shall have 3 points assessed 259
393393 against his or her driver license as set forth in s. 260
394394 322.27(3)(d)8. 261
395395 (a) For a first violation offense under this section , in 262
396396 lieu of the penalty specified in s. 318.18 and the assessment of 263
397397 points, a person who violates this section may elect to 264
398398 participate in a wireless communications device driving safety 265
399399 program approved by the Department of Highway Safety and Motor 266
400400 Vehicles. Upon completion of such program, the penalties penalty 267
401401 specified in this subsection and s. 318.18 and associated costs 268
402402 may be waived by the clerk of the court and the assessment of 269
403403 points must be waived. 270
404404 (b) The clerk of the court may dismiss a case and assess 271
405405 court costs in accordance with s. 318.18(12)(a) for a nonmoving 272
406406 traffic infraction for a person who is cited for a first time 273
407407 violation of this section if the person shows the clerk proof of 274
408408 purchase of equipment that enables his or her personal wireless 275
409409
410410 HB 501 2025
411411
412412
413413
414414 CODING: Words stricken are deletions; words underlined are additions.
415415 hb501-00
416416 Page 12 of 13
417417 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
418418
419419
420420
421421 communications device to be used in a hands -free manner. 276
422422 (2)(5) Notwithstanding s. 318.21, all proceeds collected 277
423423 pursuant to s. 318.18 for violations under of this section must 278
424424 be remitted to the Department of Revenue for deposit into the 279
425425 Emergency Medical Services Trust Fund of the Department of 280
426426 Health. 281
427427 (3)(6) When a law enforcement officer issues a citation 282
428428 for a violation under of this section, the law enforcement 283
429429 officer must: 284
430430 (a) Indicate in the comment section of the uniform traffic 285
431431 citation the type of wireless communications device that was 286
432432 used to commit the violation. 287
433433 (b) Record the race and ethnicity of the violator. All law 288
434434 enforcement agencies must maintain such information and must 289
435435 report such information to the department in a form and manner 290
436436 determined by the department. Beginning February 1, 2020, the 291
437437 department shall annually report the data collected under this 292
438438 paragraph subsection to the Governor, the President of the 293
439439 Senate, and the Speaker of the House of Representatives. The 294
440440 data collected must be reported at least by statewide totals for 295
441441 local law enforcement agencies, state law enforcement agencies, 296
442442 and state university law enforcement agencies. The statewide 297
443443 total for local law enforcement agencies is a combination of 298
444444 must combine the data for the county sheriffs and the municipal 299
445445 law enforcement agencies. 300
446446
447447 HB 501 2025
448448
449449
450450
451451 CODING: Words stricken are deletions; words underlined are additions.
452452 hb501-00
453453 Page 13 of 13
454454 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
455455
456456
457457
458458 Section 3. This act shall take effect July 1, 2025. 301