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SB 994 First Engrossed 2025994e1 1 A bill to be entitled 2 An act relating to driver safety; amending s. 316.305, 3 F.S.; revising penalties for the use of a wireless 4 communications device while operating a motor vehicle; 5 authorizing certain persons to participate in a 6 distracted driving safety program approved by the 7 Department of Highway Safety and Motor Vehicles; 8 authorizing the waiver of certain penalties and 9 associated costs, and requiring the waiver of the 10 assessment of points, upon completion of such program; 11 amending s. 316.306, F.S.; authorizing a person to 12 participate in a distracted driving safety program, 13 upon completion of which certain penalties and 14 associated costs may, and the assessment of points 15 must, be waived for certain offenses; amending s. 16 318.1451, F.S.; requiring the department to create a 17 specified driver improvement course related to 18 distracted driving which driver improvement schools 19 shall offer to certain persons; requiring basic driver 20 improvement courses to include certain content 21 relating to distracted driving; amending s. 322.095, 22 F.S.; specifying the age at which an applicant for a 23 driver license must complete a traffic law and 24 substance abuse education course; amending s. 25 322.1615, F.S.; requiring an applicant for a learners 26 driver license to complete a certain driver education 27 course approved by the department; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1.Subsection (4) of section 316.305, Florida 33 Statutes, is amended to read: 34 316.305Wireless communications devices; prohibition. 35 (4)(a)A Any person who violates paragraph (3)(a) commits a 36 noncriminal traffic infraction, punishable as a moving nonmoving 37 violation as provided in chapter 318, and shall have 3 points 38 assessed against his or her driver license as set forth in s. 39 322.27(3)(d)8. 40 (b)A Any person who commits a second or subsequent 41 violation of paragraph (3)(a) within 5 years after the date of a 42 prior conviction for a violation of paragraph (3)(a) commits a 43 noncriminal traffic infraction, punishable as a moving violation 44 as provided in chapter 318, and shall have 4 points assessed 45 against his or her driver license for the purposes of s. 322.27. 46 (c)In lieu of the penalty specified in s. 318.18 and the 47 assessment of points, a person who violates paragraph (3)(a) may 48 elect to participate in a distracted driving safety program 49 approved by the department. Upon the persons completion of such 50 program, the penalty specified in s. 318.18 and associated costs 51 may be waived by the clerk of the court and the assessment of 52 points must be waived. 53 Section 2.Paragraph (a) of subsection (4) of section 54 316.306, Florida Statutes, is amended to read: 55 316.306School and work zones; prohibition on the use of a 56 wireless communications device in a handheld manner. 57 (4)(a)A Any person who violates this section commits a 58 noncriminal traffic infraction, punishable as a moving 59 violation, as provided in chapter 318, and shall have 3 points 60 assessed against his or her driver license as set forth in s. 61 322.27(3)(d)8. For a first offense under this section, In lieu 62 of the penalty specified in s. 318.18 and the assessment of 63 points, a person who violates this section may elect to 64 participate in a distracted wireless communications device 65 driving safety program approved by the Department of Highway 66 Safety and Motor Vehicles. Upon the persons completion of such 67 program, the penalty specified in s. 318.18 and associated costs 68 may be waived by the clerk of the court and the assessment of 69 points must be waived. 70 Section 3.Subsection (1) and paragraph (d) of subsection 71 (6) of section 318.1451, Florida Statutes, are amended to read: 72 318.1451Driver improvement schools. 73 (1)(a)The department shall approve and regulate the 74 courses of all driver improvement schools, as the courses relate 75 to ss. 318.14(9), 322.0261, and 322.291, including courses that 76 use technology as a delivery method. 77 (b)The department shall create a 4-hour basic driver 78 improvement course specifically related to distracted driving 79 which must include, but need not be limited to, testimonials 80 from people whose lives have been affected by death or injury 81 caused by distracted driving and which driver improvement 82 schools shall offer to persons electing to participate in a 83 distracted driving safety program pursuant to s. 316.305(4)(c) 84 or s. 316.306(4)(a). 85 (6)The department shall adopt rules establishing and 86 maintaining policies and procedures to implement the 87 requirements of this section. These policies and procedures may 88 include, but shall not be limited to, the following: 89 (d)Course content.The department shall set and modify 90 course content requirements to keep current with laws and safety 91 information. The department shall annually review changes made 92 to major traffic laws of this state, including s. 316.126(1)(b), 93 and shall require course content for courses referenced in this 94 section to be modified in accordance with changes relevant to 95 the courses. Course content includes all items used in the 96 conduct of the course. All basic driver improvement courses must 97 include at least 1 hour dedicated to distracted driving which 98 must include, but need not be limited to, testimonials from 99 people whose lives have been affected by death or injury caused 100 by distracted driving. 101 Section 4.Subsection (1) of section 322.095, Florida 102 Statutes, is amended to read: 103 322.095Traffic law and substance abuse education program 104 for driver license applicants. 105 (1)Each applicant for a driver license who is 18 years of 106 age or older must complete a traffic law and substance abuse 107 education course, unless the applicant has been licensed in 108 another jurisdiction or has satisfactorily completed a 109 Department of Education driver education course offered pursuant 110 to s. 1003.48. 111 Section 5.Subsection (1) of section 322.1615, Florida 112 Statutes, is amended to read: 113 322.1615Learners driver license. 114 (1)The department may issue a learners driver license to 115 a person who is at least 15 years of age and who: 116 (a)Has passed the written examination for a learners 117 driver license; 118 (b)Has passed the vision and hearing examination 119 administered under s. 322.12; 120 (c)Has satisfactorily completed a driver education course 121 approved by the department which meets or exceeds the Department 122 of Education Driver Education/Traffic Safety-Classroom 1900300 123 current course description the traffic law and substance abuse 124 education course prescribed in s. 322.095; and 125 (d)Meets all other requirements set forth in law and by 126 rule of the department. 127 Section 6.This act shall take effect July 1, 2025.
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