THE BILL ITSELF
CS/HB 1241
Hands-free Driving
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A bill to be entitled
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An act relating to hands-free driving; amending s.
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316.1925, F.S.; prohibiting a person who violates
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careless driving provisions from operating a vehicle
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while using a wireless communications device in a
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handheld manner; providing additional penalties for a
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person who violates careless driving provisions and
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operates a vehicle while using a wireless
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communications device in a handheld manner;
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authorizing first-time offenders to participate in a
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wireless communications device driving safety program
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in lieu of the imposition of additional penalties;
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providing exceptions to such prohibition; requiring a
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law enforcement officer who stops a vehicle for a
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violation of careless driving provisions and finds
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that the operator of the vehicle is also using a
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wireless communications device in a handheld manner to
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inform the vehicle operator of his or her right to
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decline a search of his or her wireless communications
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device; prohibiting the law enforcement officer from
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taking certain actions without a warrant or consent
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from the vehicle operator; providing that a user's
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billing records for a wireless communications device
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or the testimony of or written statements from certain
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authorities are admissible as evidence in crashes
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resulting in death or serious bodily injury for
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certain purposes; amending s. 318.18, F.S.; providing
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an additional fine for a violation of careless driving
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provisions while using a wireless communications
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device in a handheld manner; requiring the deposit of
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such fine into the Emergency Medical Services Trust
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Fund of the Department of Health; amending s. 322.27,
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F.S.; conforming provisions to changes made by the
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act; amending ss. 316.1575, 316.1576, 316.1923, and
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316.306, F.S.; conforming cross-references; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida: Section 1. Section 316.1925, Florida Statutes, is amended
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to read:
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316.1925 Careless driving.—
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(1)(a) Any person operating a vehicle upon the streets or
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highways within the state shall drive the same in a careful and
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prudent manner, having regard for the width, grade, curves,
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corners, traffic, and all other attendant circumstances, so as
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not to endanger the life, limb, or property of any person.
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Failure to drive in such manner shall constitute careless
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driving and a violation of this section.
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(b)(2) Any person who violates paragraph (1)(a) this
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section shall be cited for a moving violation, punishable as
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provided in chapter 318.
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(2)(a) Any person who violates subsection (1) while
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supporting the weight of a wireless communications device as
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defined in s. 316.306(1), in a handheld manner, except to
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activate, deactivate, initiate, or terminate a feature or
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function of the device, shall, in addition to the penalty in
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paragraph (1)(b), be:
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1. Fined an additional $60 as set forth in s. 318.18(25).
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2. Have 1 additional point assessed against his or her
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driver license as set forth in s. 322.27(3)(d).
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(b) For a first offense under paragraph (a), in lieu of
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the assessment of an additional point and an additional fine, a
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person who violates this subsection may elect to participate in
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a wireless communications device driving safety program approved
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by the department. Upon completion of such program, the
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assessment of an additional fine and an additional point must be
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waived.
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(c) This subsection does not apply to a stationary vehicle
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or a vehicle 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 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 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(3), in autonomous mode.
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(d) A law enforcement officer who stops a vehicle for a
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violation of this subsection must inform the vehicle operator of
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his or her right to decline a search of his or her wireless
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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 vehicle operator to search his
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or her wireless communications device through coercion or other
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improper method. Consent to search a vehicle operator's wireless
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communications device must be voluntary and unequivocal.
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(e) Only in the event of a crash resulting in death or
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serious bodily injury, as defined in s. 316.027(1), 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 this subsection
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has been committed.
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Section 2. Subsection (25) is added to section 318.18,
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Florida Statutes, to read:
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318.18 Amount of penalties.—The penalties required for a
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noncriminal disposition pursuant to s. 318.14 or a criminal
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offense listed in s. 318.17 are as follows:
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(25) In addition to any other penalty, $60 for a violation
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of s. 316.1925(2), prohibiting careless driving while using a
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wireless communications device in a handheld manner. The
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additional $60 collected under this subsection shall be remitted
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to the Department of Revenue for deposit into the Emergency
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Medical Services Trust Fund of the Department of Health to be
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used as provided in s. 395.4036.
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Section 3. Paragraph (d) of subsection (3) of section
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322.27, Florida Statutes, is amended to read:
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322.27 Authority of department to suspend or revoke driver
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license or identification card.—
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(3) There is established a point system for evaluation of
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convictions of violations of motor vehicle laws or ordinances,
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and violations of applicable provisions of s. 403.413(6)(b) when
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such violations involve the use of motor vehicles, for the
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determination of the continuing qualification of any person to
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operate a motor vehicle. The department is authorized to suspend
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the license of any person upon showing of its records or other
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good and sufficient evidence that the licensee has been
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convicted of violation of motor vehicle laws or ordinances, or
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applicable provisions of s. 403.413(6)(b), amounting to 12 or
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more points as determined by the point system. The suspension
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shall be for a period of not more than 1 year.
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(d) The point system shall have as its basic element a
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graduated scale of points assigning relative values to
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convictions of the following violations:
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1. Reckless driving, willful and wanton—4 points.
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2. Leaving the scene of a crash resulting in property
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damage of more than $50—6 points.
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3. Careless driving while using a wireless communications
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device in a handheld manner—1 point.
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4.3. Unlawful speed, or unlawful use of a wireless
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communications device, resulting in a crash—6 points.
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5.4. Passing a stopped school bus:
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a. Not causing or resulting in serious bodily injury to or
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death of another—4 points.
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b. Causing or resulting in serious bodily injury to or
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death of another—6 points.
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c. Points may not be imposed for a violation of passing a
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stopped school bus as provided in s. 316.172(1)(a) or (b) when
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enforced by a school bus infraction detection system pursuant to
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s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
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when enforced by a school bus infraction detection system
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pursuant to s. 316.173 may not be used for purposes of setting
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motor vehicle insurance rates.
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6.5. Unlawful speed:
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a. Not in excess of 15 miles per hour of lawful or posted
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speed—3 points.
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b. In excess of 15 miles per hour of lawful or posted
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speed—4 points.
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c. Points may not be imposed for a violation of unlawful
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speed as provided in s. 316.1895 or s. 316.183 when enforced by
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a traffic infraction enforcement officer pursuant to s.
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316.1896. In addition, a violation of s. 316.1895 or s. 316.183
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when enforced by a traffic infraction enforcement officer
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pursuant to s. 316.1896 may not be used for purposes of setting
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motor vehicle insurance rates.
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7.6. A violation of a traffic control signal device as
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provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
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However, points may not be imposed for a violation of s.
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316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
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stop at a traffic signal and when enforced by a traffic
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infraction enforcement officer. In addition, a violation of s.
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316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
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stop at a traffic signal and when enforced by a traffic
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infraction enforcement officer may not be used for purposes of
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setting motor vehicle insurance rates.
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8.7. Unlawfully driving a vehicle through a railroad-
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highway grade crossing—6 points.
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9.8. All other moving violations (including parking on a
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highway outside the limits of a municipality)—3 points. However,
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points may not be imposed for a violation of s. 316.2065(11);
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and points may be imposed for a violation of s. 316.1001 only
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when imposed by the court after a hearing pursuant to s.
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318.14(5).
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10.9. Any moving violation covered in this paragraph,
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excluding unlawful speed and unlawful use of a wireless
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communications device, resulting in a crash—4 points.
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11.10. Any conviction under s. 403.413(6)(b)—3 points.
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12.11. Any conviction under s. 316.0775(2)—4 points.
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13.12. A moving violation covered in this paragraph which
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is committed in conjunction with the unlawful use of a wireless
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communications device within a school safety zone—2 points, in
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addition to the points assigned for the moving violation.
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Section 4. Paragraph (b) of subsection (3) of section
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316.1575, Florida Statutes, is amended to read:
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316.1575 Obedience to traffic control devices at railroad-
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highway grade crossings.—
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(3) A person who violates this section commits a
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noncriminal traffic infraction, punishable pursuant to chapter
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318 as:
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(b) If the infraction resulted from the operation of a
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vehicle, as a moving violation.
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1. For a first violation, the person must pay a fine of
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$500 or perform 25 hours of community service and shall have 6
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points assessed against his or her driver license as set forth
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in s. 322.27(3)(d)8. s. 322.27(3)(d)7.
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2. For a second or subsequent violation, the person must
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pay a fine of $1,000 and shall have an additional 6 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. s. 322.27(3)(d)7. Section 5. Subsection (3) of section 316.1576, Florida
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Statutes, is amended to read:
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316.1576 Insufficient clearance at a railroad-highway
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grade crossing.—
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(3) A person who violates this section commits a
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noncriminal traffic infraction, punishable as a moving violation
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as provided in chapter 318.
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(a) For a first violation, the person must pay a fine of
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$500 or perform 25 hours of community service and shall have 6
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points assessed against his or her driver license as set forth
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in s. 322.27(3)(d)8. s. 322.27(3)(d)7.
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(b) For a second or subsequent violation, the person must
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pay a fine of $1,000, shall have an additional 6 points assessed
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against his or her driver license as set forth in s.
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322.27(3)(d)8. s. 322.27(3)(d)7., and, notwithstanding s.
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322.27(3)(a), (b), and (c), shall have his or her driving
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privilege suspended for not more than 6 months.
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Section 6. Subsection (1) of section 316.1923, Florida
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Statutes, is amended to read:
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316.1923 Aggressive careless driving.—"Aggressive careless
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driving" means committing two or more of the following acts
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simultaneously or in succession:
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(1) Exceeding the posted speed as defined in s.
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322.27(3)(d)6.b. s. 322.27(3)(d)5.b.
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Section 7. Paragraph (a) of subsection (4) of section 316.306, Florida Statutes, is amended to read:
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316.306 School and work zones; prohibition on the use of a
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wireless communications device in a handheld manner.—
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(4)(a) Any person who violates this section commits a
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noncriminal traffic infraction, punishable as a moving
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violation, as provided in chapter 318, 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)9. s. 322.27(3)(d)8. For a first offense under this
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section, in lieu of the penalty specified in s. 318.18 and the
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assessment of points, a person who violates this section may
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elect to participate in a wireless communications device driving
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safety program approved by the Department of Highway Safety and
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Motor Vehicles. Upon completion of such program, the penalty
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specified in s. 318.18 and associated costs may be waived by the
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clerk of the court and the assessment of points must be waived.
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This act shall take effect July 1, 2026. Section 8.