THE BILL ITSELF
SB 1152
Traffic Offenses
Florida Senate - 2026 SB 1152 By Senator Grall 29-00133-26 20261152__
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A bill to be entitled
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An act relating to traffic offenses; amending s.
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316.305, F.S.; revising a short title; revising
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legislative intent; defining terms; prohibiting a
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person from operating a motor vehicle while using a
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wireless communications device in a handheld manner;
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providing an exception; requiring that sustained use
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of a wireless communications device by a person
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operating a motor vehicle be conducted through a
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hands-free accessory until such use is terminated;
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revising exceptions to the prohibition; deleting
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obsolete provisions; providing penalties; amending s.
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316.306, F.S.; revising penalty provisions relating to
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the use of wireless communications devices in a
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handheld manner in certain circumstances; conforming
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provisions to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 316.305, Florida Statutes, is amended to
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read:
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316.305 Wireless communications devices; use in a handheld
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manner prohibited prohibition .—
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(1) This section may be cited as the “Florida Hands-Free
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Ban on Texting While Driving Law.”
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(2) It is the intent of the Legislature to:
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(a) Improve roadway safety for all vehicle operators,
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vehicle passengers, bicyclists, pedestrians, and other road
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users.
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(b) Prevent crashes related to the use of a wireless
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communications device in a handheld manner act of text messaging
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while driving a motor vehicle.
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(c) Reduce injuries, deaths, property damage, health care
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costs, health insurance rates, and automobile insurance rates
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related to motor vehicle crashes.
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(d) Authorize law enforcement officers to stop motor
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vehicles and issue citations to persons who are using wireless
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communications devices in a handheld manner texting while
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driving.
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(3) As used in this section, the term:
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(a) “Handheld manner” means holding a wireless
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communications device in one or both hands or physically
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supporting the device with any other part of the body.
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(b) “Hands-free accessory” means an attachment to or a
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built-in feature of a wireless communications device which
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allows the operator of a motor vehicle to engage in
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interpersonal communication or otherwise use such device other
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than in a handheld manner.
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(c) “Wireless communications device”:
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1. Means a handheld device used or capable of being used in
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a handheld manner to:
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a. Transmit or receive a voice message; initiate, receive,
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or maintain a telephone call; or otherwise engage in
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interpersonal voice communication;
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b. Receive or transmit text-based or character-based
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messages or otherwise engage in interpersonal nonvoice
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communication;
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c. Record or display videos or images;
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d. Enter, access, or store data; or
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e. Connect to the Internet or any communications service as
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defined in s. 812.15(1).
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2. Includes, but is not limited to, a cellular telephone, a
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smartphone, a tablet computer, a laptop computer, a two-way
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messaging device, an electronic gaming device, or a device
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capable of displaying videos or images. The term does not
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include a citizens band radio, a citizens band radio hybrid, a
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commercial two-way radio communications device or its functional
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equivalent, a subscription-based emergency communications
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device, a prescribed medical device, an amateur or ham radio
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device, or an in-vehicle security, navigation, communications,
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or remote diagnostics system.
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(4)(a) (3)(a) A person may not operate a motor vehicle while
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using manually typing or entering multiple letters, numbers,
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symbols, or other characters into a wireless communications
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device in a handheld manner except to activate, deactivate,
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initiate, or terminate a feature or function of the device,
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including a hands-free accessory. Sustained use of a wireless
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communications device by a person operating a motor vehicle must
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be conducted through a hands-free accessory until such use is
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terminated. or while sending or reading data on such a device
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for the purpose of nonvoice interpersonal communication,
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including, but not limited to, communication methods known as
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texting, e-mailing, and instant messaging. As used in this
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section, the term “wireless communications device” means any
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handheld device used or capable of being used in a handheld
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manner, that is designed or intended to receive or transmit text
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or character-based messages, access or store data, or connect to
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the Internet or any communications service as defined in s.
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812.15 and that allows text communications. For the purposes of
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this paragraph, A motor vehicle that is stationary is not being
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operated and is not subject to the prohibition in this
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paragraph.
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(b) Paragraph (a) does not apply to a motor vehicle
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operator who is:
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1. Performing official duties as an operator of an
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authorized emergency vehicle as defined in s. 322.01, a law
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enforcement or fire service professional, or an emergency
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medical services professional.
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2. Reporting an emergency or criminal or suspicious
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activity to law enforcement authorities.
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3. Receiving messages that are:
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a. Related to the operation or navigation of the motor
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vehicle;
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b. Safety-related information, including emergency,
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traffic, or weather alerts;
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c. Data used primarily by the motor vehicle; or
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d. Radio broadcasts.
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4. Using a device or system for navigation purposes.
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5. Conducting wireless interpersonal communication that
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does not require manual entry of multiple letters, numbers, or
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symbols, except to activate, deactivate, or initiate a feature
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or function.
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6. Conducting wireless interpersonal communication that
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does not require reading text messages, except to activate,
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deactivate, or initiate a feature or function.
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7. Operating an autonomous vehicle, as defined in s.
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316.003(3), with the automated driving system engaged.
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(c) A law enforcement officer who stops a motor vehicle for
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a violation of paragraph (a) must inform the motor vehicle
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operator of his or her right to decline a search of his or her
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wireless communications device and may not:
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1. Access the wireless communications device without a
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warrant.
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2. Confiscate the wireless communications device while
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awaiting issuance of a warrant to access such device.
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3. Obtain consent from the motor vehicle operator to search
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his or her wireless communications device through coercion or
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other improper method. Consent to search a motor vehicle
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operator’s wireless communications device must be voluntary and
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unequivocal.
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(d) Only in the event of a crash resulting in death or
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personal injury, a user’s billing records for a wireless
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communications device or the testimony of or written statements
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from appropriate authorities receiving such messages may be
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admissible as evidence in any proceeding to determine whether a
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violation of paragraph (a) has been committed.
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(5)(a) (4)(a) A Any person who violates paragraph (4)(a)
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(3)(a) commits a noncriminal traffic infraction, punishable as a
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nonmoving violation as provided in chapter 318.
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(b) A Any person who commits a second or subsequent
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violation of paragraph (4)(a) (3)(a) within 5 years after the
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date of a prior conviction for a violation of paragraph (4)(a)
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(3)(a) commits a noncriminal traffic infraction, punishable as a
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moving violation as provided in chapter 318.
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(6) (5) When a law enforcement officer issues a citation for
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a violation of this section, the law enforcement officer must
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record the race and ethnicity of the violator. All law
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enforcement agencies must maintain such information and report
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the information to the department by April 1 annually in a form
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and manner determined by the department. Beginning July 1, 2023,
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the department shall annually report the data collected under
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this subsection to the Governor, the President of the Senate,
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and the Speaker of the House of Representatives. The data
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collected must be reported at least by statewide totals for
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local law enforcement agencies, state law enforcement agencies,
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and state university law enforcement agencies. The statewide
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total for local law enforcement agencies shall combine the data
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for the county sheriffs and the municipal law enforcement
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agencies.
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Section 2. Section 316.306, Florida Statutes, is amended to
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read:
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316.306 Penalties for School and work zones; prohibition on
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the use of a wireless communications device in a handheld manner
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on any roadway when construction personnel are present or
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operating equipment or in a school zone while flashing beacons
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are activated .—
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(1) For purposes of this section, the term “wireless
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communications device” has the same meaning as provided in s.
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316.305(3)(a). The term includes, but is not limited to, a cell
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phone, a tablet, a laptop, a two-way messaging device, or an
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electronic game that is used or capable of being used in a
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handheld manner. The term does not include a safety, security,
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or convenience feature built into a motor vehicle which does not
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require the use of a handheld device.
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(2) It is the intent of the Legislature to:
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(a) Improve roadway safety in school and work zones for all
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vehicle operators, vehicle passengers, bicyclists, pedestrians,
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and other road users.
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(b) Prevent crashes related to the act of driving while
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using a wireless communications device in a handheld manner when
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operating a motor vehicle while the vehicle is in motion.
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(c) Reduce injuries, deaths, property damage, health care
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costs, health insurance rates, and automobile insurance rates
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related to motor vehicle crashes.
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(d) Authorize law enforcement officers to stop motor
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vehicles and issue citations to persons who are driving in
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school or work zones while using a wireless communications
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device in a handheld manner as provided in subsection (3).
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(3)(a)1. A person may not operate a motor vehicle while
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using a wireless communications device in a handheld manner in a
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designated school crossing, school zone, or work zone area as
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defined in s. 316.003(112). This subparagraph shall only be
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applicable to work zone areas if construction personnel are
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present or are operating equipment on the road or immediately
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adjacent to the work zone area. For the purposes of this
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paragraph, a motor vehicle that is stationary is not being
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operated and is not subject to the prohibition in this
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paragraph.
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2. Effective January 1, 2020, a law enforcement officer may
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stop motor vehicles and issue citations to persons who are
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driving while using a wireless communications device in a
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handheld manner in violation of subparagraph 1.
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(b) Paragraph (a) does not apply to a motor vehicle
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operator who is:
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1. Performing official duties as an operator of an
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authorized emergency vehicle as defined in s. 322.01, a law
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enforcement or fire service professional, or an emergency
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medical services professional.
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2. Reporting an emergency or criminal or suspicious
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activity to law enforcement authorities.
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3. Receiving messages that are:
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a. Related to the operation or navigation of the motor
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vehicle;
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b. Safety-related information, including emergency,
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traffic, or weather alerts;
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c. Data used primarily by the motor vehicle; or
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d. Radio broadcasts.
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4. Using a device or system in a hands-free manner for
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navigation purposes.
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5. Using a wireless communications device hands-free or
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hands-free in voice-operated mode, including, but not limited
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to, a factory-installed or after-market Bluetooth device.
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6. Operating an autonomous vehicle, as defined in s.
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316.003, in autonomous mode.
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(c) A law enforcement officer who stops a motor vehicle for
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a violation of paragraph (a) must inform the motor vehicle
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operator of his or her right to decline a search of his or her
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wireless communications device and may not:
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1. Access the wireless communications device without a
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warrant.
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2. Confiscate the wireless communications device while
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awaiting issuance of a warrant to access such device.
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3. Obtain consent from the motor vehicle operator to search
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his or her wireless communications device through coercion or
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other improper method. Consent to search a motor vehicle
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operator’s wireless communications device must be voluntary and
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unequivocal.
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(d) Only in the event of a crash resulting in death or
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serious bodily injury, as defined in s. 316.027, may a user’s
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billing records for a wireless communications device, or the
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testimony of or written statements from appropriate authorities
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receiving such messages, be admissible as evidence in any
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proceeding to determine whether a violation of subparagraph
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(a)1. has been committed.
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(e) Law enforcement officers must indicate the type of
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wireless communications device in the comment section of the
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uniform traffic citation.
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(4)(a) A Any person who violates s. 316.305(4)(a) on any
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roadway when construction personnel are present or are operating
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equipment on the road or immediately adjacent to the work zone
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area, or in a school zone during a period in which the
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restrictive speed limit is enforced and flashing beacons are
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activated, this section commits a noncriminal traffic
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infraction, punishable as a moving violation , as provided in
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chapter 318 , and shall pay a fine of $150 and have 3 points
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assessed against his or her driver license. A person who commits
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a second violation shall pay a fine of $250 and have 3 points
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assessed against his or her driver license. A person who commits
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a third violation shall pay a fine of $500, have 4 points
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assessed against his or her driver license, and have his or her
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driver license suspended for 90 days , and shall have 3 points
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assessed against his or her driver license as set forth in s.
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322.27(3)(d)8 .
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(a) For a first violation offense under this section , in
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lieu of the penalty specified in s. 318.18 and the assessment of
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points, a person who violates this section may elect to
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participate in a wireless communications device driving safety
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program approved by the Department of Highway Safety and Motor
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Vehicles. Upon completion of such program, the penalties penalty
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specified in this section and s. 318.18 and associated costs may
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be waived by the clerk of the court and the assessment of points
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must be waived.
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(b) The clerk of the court may dismiss a case and assess
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court costs in accordance with s. 318.18(12)(a) for a nonmoving
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traffic infraction for a person who is cited for a first time
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violation of this section if the person shows the clerk proof of
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purchase of equipment that enables his or her personal wireless
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communications device to be used in a hands-free manner.
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(2) (5) Notwithstanding s. 318.21, all proceeds collected
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pursuant to s. 318.18 for violations under of this section must
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be remitted to the Department of Revenue for deposit into the
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Emergency Medical Services Trust Fund of the Department of
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Health.
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(3) (6) When a law enforcement officer issues a citation for
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a violation under of this section, the law enforcement officer
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must :
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(a) Indicate in the comment section of the uniform traffic
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citation the type of wireless communications device that was
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used to commit the violation.
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(b) Record the race and ethnicity of the violator. All law
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enforcement agencies must maintain such information and must
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report such information to the department in a form and manner
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determined by the department. Beginning February 1, 2020, the
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department shall annually report the data collected under this
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paragraph subsection to the Governor, the President of the
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Senate, and the Speaker of the House of Representatives. The
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data collected must be reported at least by statewide totals for
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local law enforcement agencies, state law enforcement agencies,
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and state university law enforcement agencies. The statewide
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total for local law enforcement agencies is a combination of
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must combine the data for the county sheriffs and the municipal
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law enforcement agencies.
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Section 3. This act shall take effect October 1, 2026.