Florida: Cell phone laws, legislation
Last updated: January 27, 2012 · Print this report · Comment
Distracted driving report: Twin bills that would make ban text messaging while driving have been submitted by Rep. Ray Pilon, R-Sarasota, and Sen. Nancy Detert, R-Venice. The bills are marked for secondary enforcement in order to make them more palatable for long-resistant lawmakers.
Detert’s Senate Bill 416 has cleared three Senate panel votes. The plan is the same as Detert’s SB 158 of 2011, which died in the Senate Transportation Committee. Pilon’s HB 299 appears unlikely to get a hearing.
House Speaker Dean Cannon says there are several distracted behaviors at least as dangerous as text messaging while driving, and appears set to oppose “one more layer of prohibitive behavior” from state government.
Current prohibitions:
None.
Distracted driving notes (2012):
State Sen. Ellyn Bogdanoff, who made headlines two years ago when she single-handedly killed a House texting and driving plan, cast the lone vote against Sen. Nancy Detert’s texting legislation in a budget subcommittee on Jan. 26. Bogdanoff, R-Fort Lauderdale, called texting legislation “intellectually dishonest” when she was in the House.
Detert’s Senate Bill 416 has already cleared the Senate Communications, Energy and Public Utilities Committee with the chairman calling its secondary enforcement provision “a good compromise.”
More than 70 percent of Florida voters support a statewide ban on text messaging while driving, a new survey shows. Democrats were more inclined to favor the distracted driving legislation, with 78 percent supportive vs. 66 percent of Republicans, the Miami Herald/Tampa Bay Herald survey of 800 voters found. Voters between the ages of 18 and 34 lagged the state average by 9 percent.
Gov. Rick Scott, a conservative Republican, does not appear supportive of a handheld cell phone ban. In 2011, he vetoed a bill (HB 689) that would have required the DMV to provide education on the dangers of electronic distracted driving.
Rep. Irv Slosberg, D-Boca Raton, again filed a bill that would ban handheld electronics use by drivers 18 and younger. “Children shouldn’t be on their cellphones (while behind the wheel),” he says. Slosberg, who lost a teenage daughter in a crash, also is a co-sponsor of the (Pilon) text messaging bill.
In the first 10 months of 2011, electronic distractions led to 2,218 vehicle accidents in Florida, state records show. 145 were linked to texting & driving.
2012 cell phone, texting legislation:
Senate Bill 416 (CS): Would prohibit text messaging while driving in Florida. (Also, email, IM.) Secondary offense. Allows use of wireless communications devices while stopped at a red light. Exempts navigation activities. First offense a non-moving violation with a $30 fine. Subsequent offenses with five years would be moving violations with a fine of $60 and 3 points against the driver’s license. Also adds causing an accident while using a wireless communications device as a 6-point offense. Potential loopholes: Permits receiving messages that are “related to the operation or navigation of the motor vehicle” as well as “safety information” and “weather alerts.” Approved by the Senate Transportation Committee in a unanimous vote Dec. 7. Approved by the Communications, Energy, and Public Utilities committee in a 12-1 vote on Jan. 12 (added 2 point penalty for school zone infraction). Latest legislative action on SB 416: Approved by the Senate’s transportation budget subcommittee in a 14-1 vote on Jan. 26. Read the text of SB 416 as submitted Oct. 4, 2011. Same as HB 299, below. (Detert)
SB 122: Would require driving schools to include course content on distracted driving risks. Latest legislative action: Approved and slightly amended by Transportation Committee on Dec. 7. Read the text of SB 122 as submitted Aug. 29. (Sobel)
SB 930: Seeks to prohibit drivers 18 years old and younger from using handheld cellular telephones and related electronic communications devices. Secondary enforcement. Penalty: One-month suspension of driver’s license. Also would require driving schools to include course content on the dangers of distracted driving. Read the text of SB 930 as filed Nov. 14. (Altman)
House Bill 299: Seeks to outlaw text messaging while driving. Adds 6-point penalties for causing accident while using a wireless communications device. Same as SB 416, above. Read the text of HB 299 as filed Oct. 7, 2011. (Pilon)
HB 187: Would ban use of handheld cellular telephones and related electronic communications devices by drivers 18 years old and younger. School bus drivers also prohibited from texting and talking while behind the wheel. Non-moving violation. text of HB 187 as filed Sept. 21. (Slosberg)
HB 39 Requires motorists cited for a traffic offense while using a handheld wireless communications device to appear in person before a “designated official.” Additional fines are $50 for using the electronic device, or $100 for using the device in a school zone (plus fees). Instructs officer who writes citation to note of the use of a mobile handheld device, as well as whether offense occurred in a school zone. Read the text of HB 39 as submitted July 17. (Julien)
2011 distracted driving notes:
Rep. Irv Slosberg says chances of success for the text messaging legislation he’s co-sponsoring are “slim and none.” “Sooner or later we’ll get it out of the drawer,” Slosberg told the News-Press.
Sen. Nancy Detert is making her third attempt to outlaw text messaging while driving with SB 416. “It’s time that we caught up with the rest of the nation,” said Sen. Arthenia Joyner, D-Tampa, at the Transportation Committee’s hearing of Dec. 7.
Distracted driving (aka careless driving) is the No. 1 cause of fatal traffic accidents in Broward County, state numbers show.
In 2011, the Legislature rejected or ignored all bills that would limit drivers’ use of cell phones and text messaging devices.
Freshman Rep. Lori Berman, D-Delray Beach, said after the passage of her driver education measure HB 689: “We’ve been battling the texting while driving issue in this state for years, and up until now we have done very little to reduce the danger to drivers on the road. … Education is not the end of the road, but it certainly is the beginning.” The governor apparently disagreed and vetoed her bill.
Berman thanked Sen. Eleanor Sobe, who filed one of several bills that require the DMV to ensure drivers education courses and materials cover the risks of talking, texting and driving: “In my legislative career, I have seen attempts to ban cell phone use fail several times and that is why I want to take an educational and preventative approach to this dangerous issue,” said Sobe, D-Hollwood.
The Lake County Sheriff’s Office has barred its deputies from text messaging while driving. Violators would be subject to a letter of reprimand or suspension or termination. Volusia County’s deputies have similar restrictions.
Ellyn Bogdanoff, who single-handedly killed a House texting and driving plan in 2010, has since been elected to the state Senate. The ex-House Finance and Tax Council chairwoman says she’s glad she blocked HB 41, claiming the measure was “just accommodating a sound bite.”
HB 79 sponsor Rep. Ari Porth notes that “obstacles” in the House (including Bogdanoff) have been eliminated this year. Porth, D-Broward County, says the Sunshine State’s lack of distracted driving legislation is “shameful.”
The St. Petersburg Times reports that “Once again, the small-government political leanings that permeate the Florida Legislature could doom the (text messaging) proposals.”
A stretch of U.S. 41 has been named in honor of Heather Hurd, the Heather in Heather’s Law. The young woman was killed by a distracted trucker in Central Florida.
2011 cell phone, texting legislation (dead):
HB 689: Would require DMV to ensure that driver education programs cover the risks of using handheld electronic devices in a vehicle. Approved by the House in 94-16 vote on May 2. Approved by the Senate in a 28-9 vote on May 3. Governor vetoed the legislation. (Berman)
Senate Bill 80: Would prohibit drivers from texting and other forms of text-based communication such as email and instant messaging. Primary enforcement. Fine of $100. Died in the Senate Transportation Committee. (Lynn)
SB 158: Would outlaw text messaging while driving in Florida. Cites use of “non-voice interpersonal communication,” meaning cell phone calls would remain legal. Secondary enforcement. First offense non-moving violation; subsequent violations within five years are moving violations. Calls for 6 points against driver’s license if crash results from unlawful use of wireless communications device. Died in the Transportation Committee. (Detert)
SB 758: Would requiring driver education programs to address the dangers of using handheld electronic communication devices while behind the wheel. Approved by the Senate Transportation Committee on March 9 in a 6-0 vote. Died in education committee. See HB 689, above. (Sobel)
SB 1418: Would ban use of handheld cellular telephones and other handheld electronic communications devices by drivers under 18 years of age. Hands free operation OK. aka the Alex Brown Act. Moving violation. Repeat violations would result in a six-month license suspension. Identical to HB 835, below. Approved by the Senate Transportation Committee in a 6-0 vote on April 12. Died in Communications, Energy, and Public Utilities Committee. (Altman).
SB 1840: Would prohibit drivers younger than 18 years of age from operating a motor vehicle while using a wireless communications device or telephone. Secondary enforcement. 30-day license suspension. Also calls for driver education programs to address the risks of using handheld electronic communication devices while on the road. Cleared the Senate Transportation Committee in a 5-1 vote on April 12. Died in Budget Committee. (Altman)
House Bill 79: Creates “Florida Ban on Texting While Driving Law.” Identical to SB 158, above. Died in Transportation Committee. (Porth)
HB 833: Would prohibit use of handheld cellular telephones and other electronic communications devices by drivers under 18 years of age and drivers of school buses. Hands-free operation OK. Part of overall “Minor Traffic Safety Act.” Non-moving violation. If a death results, 120 hours of community service possible. Withdrawn after first reading. (Slosberg)
HB 835: Identical to SB 1418, above. Withdrawn after first reading. (Slosberg)
Florida 2010 legislation notes:
No distracted driving legislation succeeded during the 2010 legislative session, despite Gov. Charlie Christ’s promise to sign a ban on text messaging. 18 vehicle safety bills regarding talking and texting had been under consideration. /update
Rep. Alan Williams says he’ll be back with another piece of legislation that would address text messaging while driving in Florida: “I’m sure folks don’t want their rights infringed upon,” Williams said in September 2010. “But at the same time we have to save lives.” The North Florida legislator’s HB 211, primarily a drowsy driving bill, sought to prevent use of handheld telecommunications devices by school bus drivers.
Former State Sen. Frederica Wilson, who authored distracted driving legislation in 2009 and 2010, now serves as a congresswoman from South Florida. She vows to push for federal legislation that would protect minors from distracted drivers.
The Florida Highway Patrol has ordered its troopers to stop using handheld cell phones while driving, unless a hands-free device is employed. The policy, announced in October 2010, also requires troopers to pull over before using a GPS system.
Broward County’s school system and its employee union have agreed upon penalties for bus drivers who text or use cell phones while behind the wheel: Texting, termination. Cell phone call, five-day suspension and then termination on second offense.
The House version of a texting and driving bill (HB 41) that’s advanced in the Senate (SB 448) died in committee. House Finance and Tax Council chairwoman Rep. Ellyn Bogdanoff, R-Fort Lauderdale, refused to allow a vote, claiming that the activity is already prohibited by a general traffic law. Bogdanoff says the texting bill is “intellectually dishonest.” She has since moved on to the state Senate.
The House’s Roads, Bridges & Ports Policy Committee held a distracted driving legislation workshop on Feb. 17. The goal was to consider forming a single bill out of numerous plans submitted for the 2010 session. Rep. Mike Horner, R-Kissimmee, said a “broad consensus” had been reach on prohibiting text messaging, but not limits on cell phone use while driving. Also up for more debate: Whether a ban would call for “primary enforcement” — meaning a law office could pull over a driver for that reason alone — or secondary enforcement, which requires another reason for the stop.
Sen. Frederica Wilson, D-Miami Gardens, refiled the so-called Heather’s Law (SB 244), which would prohibit use of handheld cell phones while driving. She also submitted a stand-alone text messaging bill (SB 374).
Heather’s Law is named after Heather Hurd, 27, killed by a trucker who was fumbling for his text messaging device as he slammed into her vehicle. Her fiance was seriously injured and another woman died as well. The wreck occurred on Florida’s infamous “Bloody 27″ highway. “This year we hope to make Heather’s memory more impactful by passing (the bill),” Wilson said.
Sen. Thad Altman, R-Viera, filed SB 168, seeking to outlaw text messaging while driving in the Sunshine State. While he supports restrictions on cell phone use, he went texting-only: “We’re focusing on the most aberrant, dangerous behavior — reading and writing texts.”
Rep. Doug Holder, R-Sarasota, is back with distracted driving legislation that would ban texting while behind the wheel for all Florida drivers.
Sen. Carey Baker, R-Eustis, first introduced texting while driving legislation in 2007. Baker has two bills pending — SB 324 and SB 326 — and plans to file another that would prevent teens from using any kind of handheld portable devices while behind the wheel. “It’s slowly been building,” Baker says of distracted driving legislation. “But I think this year (2010), something’s going to pass.”
The city of Parkland (Broward County) enacted a ban on text messaging while driving on Oct. 7, 2009. Violations of the Parkland ban bring $100 fines. The city has asked the state attorney general for a ruling on the legality of individual cities banning texting while driving. Parkland appears to be the first Florida city to outlaw text messaging for motorists.
2010 legislation (all dead):
SB 448: Secondary enforcement. Fines of $30 plus court costs/thereafter, $60 plus costs. A violation resulting in a crash adds 6 points to license. Based on the federal DOT’s sample legislation for texting bans. Approved by the communications panel April 14. Approved by the Senate Transportation Committee on March 24 and April 19. Sent to the full Senate. Companion bill to HB 41, below. (Detert)
HB 41: Seeks to ban text messaging and related activities. Approved by the The Roads, Bridges and Ports Committee on March 10. Died in the House finance committee, with the chairwoman refusing to allow a vote. Companion bill to SB 448, above. (Holder)
SB 244 (Heather’s Law): Seeks to prohibit use of handheld cell phones while operating a motor vehicle in Florida unless a hands-free device such as a Bluetooth headset is enabled. Secondary enforcement. Approved by the Senate Transportation Committee on March 24. (Wilson) (Bill was refiled from 2009).
SB 1144: Would prohibit school bus drivers from using mobile telecommunications devices. Approved by the Senate Transportation Committee on March 24. (Smith)
SB 324: Would outlaw text messaging while driving. Approved by the Senate Transportation Committee on March 24. (Baker)
SB 328: Seeks to prohibit text messaging while driving. Includes paging and use of devices to access Internet. (Dockery)
Florida House Bill 323: Would prohibit text messaging by drivers. (Long)
HB 333: Would outlaw use of cell phones unless a headset or hands-free accessory is employed. Secondary enforcement, meaning a violation cannot be the sole reason for stopping the driver. (Garcia)
SB 608: Companion bill to HB 333. (Rich)
HB 687: Seeks to prohibit use of cell phones in school zones. Nonmoving violation with fines doubled. (Chestnut)
SB 326: Seeks to outlaw text messaging by school bus operators and railroad engineers. (Baker)
SB 522: Would restrict drivers under the age of 18 from text messaging or using cell phones. One point against license and possible loss of license. (Gelber)
SB 168: Would prohibit use of electronic communication devices to send or receive text-based communications while operating a motor vehicle. (Altman)
SB 592: Prohibits drivers under age 18 from using any handheld electronic devices. Secondary enforcement, meaning the driver must be stopped for another offense. $50 surcharge added to any other moving violation. Law officer may issue warning or safety materials instead of assessing surcharge. (Crist)
SB 374: Would prohibit text messaging by all drivers. (Wilson)
SB 934: Would prohibit drivers from text messaging and using handheld cell phones. Filed but withdrawn by sponsor. (Deutch)
HB 221: “Drowsy driving bill” that included restrictions on school bus drivers’ use of handheld electronic devices. (Williams)
2009 legislation (dead):
SB 172: Would prohibit cell phone calls by drivers unless a headset or hands-free accessory is used. Also, HB 345. Died in Committee on Transportation.
SB 1578: Seeks to outlaw text messaging while driving in Florida. Died in Committee on Transportation.
HB 1127: Would ban cell phone use by drivers under 18 unless a hands-free device is employed. Also allows for additional penalties against drivers have been cited for another offense but are found to be text messaging or using other handheld electronic devices. Died in Roads, Bridges & Ports Policy Committee.
HB 261 and S 212 would ban use of wireless communications devices by drivers under the age of 18. Died in Roads, Bridges & Ports Policy Committee.
HB 677: Would prohibit use of cell phones while driving through school zones. Also, SB 112. Died in Roads, Bridges & Ports Policy Committee.
HB 377 seeks to outlaw text messaging while driving a motor vehicle. Died in Roads, Bridges & Ports Policy Committee.
HB 473: Would ban use of mobile phones by school bus drivers while the motor is running. Died in Economic Development & Community Affairs Policy Council.
Florida 2009 legislation notes:
The Florida Legislature has turned its attention to budget matters and would not be considering legislation designed to rein in use of cell phones and text messaging devices by drivers, the Associated Press reported April 28, 2009.
“I know the lawmakers don’t want to do anything about it,” said Sen. Frederica Wilson, D-Miami, co-sponsor of a bill seeking to ban text-messaging devices. “They have a little term, ‘We can’t legislate everything.’ It’s taking forever to get this bill through a committee and it’s been filed year after year.”
The Miami Herald editorialized on the Florida cell phone law resistance:
“Clearly, the Legislature is acting as hand-maiden to the telecommunications industry on this issue. When local governments, including Miami-Dade County, banned hand-held cellphone use in cars a few years ago, the Legislature promptly approved a law forbidding local governments from regulating cellphone use.”
The Florida Department of Transportation has begun a “Stay Alive, Just Drive” campaign that targets drivers who text message, talk on cell phones or engage in other distracted driving behaviors.
HB 1127 is the product of the “Ought to Be a Law” competition. The teenage texting legislation was developed by high school students in the Tampa Bay area and sponsored by Rep. Kevin Ambler, R-Tampa, who runs the contest.
Another student campaign was initiated at a Nova University branch in Davie: “It looks to me like the state Legislature is more concerned with a healthy bottom line for cell phone companies than it is with people dying on our roads,” said one of the students involved in the “Stop Texting and Telephoning in Cars” project.
Miami-Dade commissioners in early December 2008 approved a plan to ban drivers from use of cell phones and all other wireless devices in school zones. The state Legislature and governor must approve the ban.
The text-messaging legislation is given a good chance of success in the Florida legislature, which has yet to approve a single restriction on drivers and wireless communications devices.
Nine bills were proposed during Florida’s 2008 legislative session concerning use of handheld cell phones and/or text messaging devices. None made it out of committee.
The identical HB193 and SB504 died in committee in May 2008. These bills would have prohibited drivers under the age of 18 from using cell phones or text messaging. They came from Senate Transportation Chairman Carey Baker, R-Eustis, and Rep. John Legg, R-Port Richey.
In September 2008, the debate over using cell phones while driving heated up after a truck driver told officers that he’d been on the phone just before hitting a school bus, killing a 13-year-old from Ocala.
In October 2008, Tallahassee Democrat columnist Jim Messer urged text-messaging limits. He wrote:
Last year’s attempt to pass a bill outlawing texting while driving in Florida was opposed, and eventually killed, by big telecom. Why would the telecom industry kill a law designed to protect citizens while admitting that no one should text while driving? We all already know the reason: profit. Worldwide, texting produces revenues of more than $100 billion per year. Any attempt to limit texting, even while operating a moving vehicle, reduces big telecom’s big profits. Sadly, the results were predictable.
Florida’s counties and cities are prohibited from enacting their own cell phone restrictions due to former Gov. Jeb Bush’s direct intervention.
The first attempt to legislate the use of handheld cell phones while driving came in 2002. There has been legislation regarding driving and cell phone phone use each year since.
In 2006, a hands-free bill was rejected by the state Legislature.
The Legislature also refused to allow cities and counties to install cameras at intersections where running red lights is a frequent violation. Legislators said it’s a “privacy issue.”
“Florida lawmakers said while they agreed the issue needs legislative attention, they would need more data and more details before considering a specific bill,” the Gainesvillle Sun reported.
“You already see people at red lights text messaging or punching in things into their BlackBerries when they should be paying attention,” said Rep. Charles “Chuck” Chestnut, D-Gainesville. “Now, you’re going to see more eyes focused on their iPhones than driving. With the increase in new technology, I think there should be some type of increased regulation to protect the safety of innocent people who are giving their full attention to the road.”
Florida is one of several states that have seen email hoaxes about cell phone laws. A bogus email that circulated last summer said, incorrectly: “As of 08/01/07 cell phone use must be ‘hands free’ while driving. Ticket is $285. They will be looking for this like crazy — easy money for police department.”
From the Highway Patrol: “We’re seeing more drivers doing an actual variety of tasks other than driving. This is from balancing your check book right on down to watching a DVD movie that’s plugged into an accessory plug on the dashboard even though the law says not to do it,” spokesman Lt. Mike Burroughs said. “People are doing a myriad of other things other than driving, and they don’t see anything wrong with it.”
The Florida Department of Highway Safety & Motor Vehicles says cell phones are frequently cited as factors in serious accidents, but has not taken a position on hands-free legislation.
This was the year that we bought new cars. To be exact, we bought them last month. First a 2008 Elantra and then a 2008 Mercedes R-320 with hands free communication that is voice activated. For the next year, my husband was going to drive the Elantra, then pass it down to our 16 year old when he gets his license.
We are so convinced that the hands free communication is so much safer than a regular blue tooth phone that we have decided after three weeks to trade this car in for a 2009 Sonata and have blue tooth hands free communication device factory added. We switch vehicles on Tuesday when it comes in to the dealership.
I believe this device is much safer. We already talk when we drive with other passengers in a car. If you are talking and have to slam on brakes or push on the horn, the device turns off and disconnects you. There are major improvements that could be made in all vehicles to keep us all safe. We would not be trading in this car after three weeks if we did not believe that this is safer for our family…. and yours.
Everyone benefits from us being responsible enough to pay for this major safety upgrade. In this day and age of technological advances, I put hands free communications on the same level as seat-belts, it is that important to us.
Sincerely,
Sheri Chase
Sheri,
Though I applaud your desire for safety, It might be more rational and financially feasible to simply add a voice activated hands free bluetooth device to your existing vehicle. You can get a better system and not suffer the financial setback you will on the vehicle you just purchased…Parrot has some great systems that would work for you and cost pennies on the dollars…
FL roads are notorious for “bad drivers” and cell phone useage is making it worse! I spend a considerable amount of time on the road and am having a Parrot CK3100 installed in my vehicle as I write this. Not only do I not want to endanger my own life, but cannot fathom putting anyone else’s life in danger due to my negligence. Given the powerful changes that we are seeing in our political climate, it is time to speak out and protect ourselves and those we love from the inevitable and potentially devastating consequences that we will see with increasing use of hand held cell phones by Florida drivers.
It is time to write to our legislators in FL and demand that they do something about cell phone use by drivers. That we have no hands-free legislation due to “big business” influence is intolerable. Are we not in a prime position right now to see the effects of powerful “big business” influence on our entire country?! Sacrificing the majority to feed the pockets of greedy corporations is no longer going to be acceptable practice. If our legislators want to keep their jobs and get re-elected they are going to have to re-think their attitude and affilitations with “the good old boys”. I’d like to believe that era is on it’s way out. If we want to be safer on our roads it is going to be up to us to make it happen!
[...] [...]
I don’t even know where to begin, but I am afraid that when I do I won’t know how to stop.
On my way to work the other morning I learned that a mother was killed by a young man texting on his cell phone while driving at a speed of 75mph. I am a mother of two and a grandmother of three. I could not imagine the Sheriff’s Dept. going to my children to let them know that their mother has been killed in an accident. In my opinion an accident that could have been avoided had the State of Florida put more energy and thought into passing a law forbidding the use of cell phones while driving a motor vehicle. No, they would rather put cameras up on intersections policing drivers and sending them tickets for hundred’s of dollars. Tell me, was that done for our protection on the city streets or was that a way to generate more money? I think we can all answer that one. Instead of worrying where you can make the next dollar maybe the State should put the value on a human life instead. Don’t get me wrong, I am not saying that accidents don’t happen at intersections. I am trying to understand how the State decides which issues are more important. How do they prioritize. How did they decide that installing the cameras were more important than stopping the use of cell phones. My sister lives in Ft Lauderdale and on her way to work she observed a bus driver using her cell phone while transporting children to school. Her employer recently saw a sheriff in uniform on a motorcycle using a cell phone. I have also witnessed people driving carelessly only to see that they were text messaging. More accidents happen from people using their cell phones while driving. A servey taken has shown that cell phone use while driving is equal to putting a drunk behind the wheel.
A child can get their drivers permit at the age of 15. At 16, they receive their drivers license. My granddaughter is 15 and my opinion is that she should not be driving a car at that age. She will be using her cell phone while driving, I can guarantee that. I am worried for these children. I don’t want you to wait until someone in your family gets killed before you act. Talking on your cell , text messaging or sending messages has been a silent but deadly killer.
Sincerely,
Kathleen Downey
I am writing an editiorial for school on Cell Phone Calls and Texting while Driving. And I am not finding anything here!
I fail to see why so much time and energy is spent on this issue. Those that are going to use their cell phone & text while driving will do so. There are not enough law enforecement officials on the planet to stop them and once an accident occurs it is too late. Consequences are not enough to prevent cell use while driving, same as seat belt usage. Those who use better sense will not use their cell while driving. It disturbs me so much time and money is spent on legislating this issue. It reminds me of the millions spent on the “55 stay alive” issue – now the issue is dead in the water and who is in debt?
[...] Florida bills on cell phone driving [...]
I have to disagree with these bills, you as a parents should teach better driving habits to your children. Not all drivers that use these devises cause havoc as you claim. We have to many laws now, that you can’t keep up with them. This is something that should be voted on by the people and I can tell you right now, the (yes) for a law banding will not pass, people are getting tired of a few dictating to the masses.
It is time to write to our legislators or call and tell them to trash these bills, as they aren’t supported by the People.
David Keen
As a neurological therapist, absolutely against it! How can we help move these bills along? I have a few attorneys in area also willing to help.
All of these bills are waste of time. by time a text messaging bill gets approved, there will be new devices coming out and text messaging will be obsolete, The fact is, you can cause an accident from sneazing, passing a sippie cup to a baby, eating, drinking, smoking, conversing, whatever! What are we gonna do, ban everybody from moving in their vehicles at all? i do not approve of texting while driving, however, if a person is negligent and causes an acident, they are responsible. Why blame everyone that texts or talks on the phone? Can you imagine how much more empowered law enforcement will be if this were to happen? They harass teens enough as it is. Only protecting the community of course. Of course attorneys wanna push this through, they’re all blood suckers looking to suck some more money out of lawsuits involving texting. As a teen, i smoked plenty of pot while driving and I never hurt anyone. People driving, even a victim, has the responsibility to be aware of everything going on around them. end of story!
KILL THESE TEXTING BILLS FOREVER!
to all irresponsible incompetant selfish, conceited drivers! You have two choices:
before the laws are written for YOU:
1. drive normal, be responsible and concerned for others around you. OR:
2. get a ticket, be thrown in jail for murdering and taking someone elses life because of your irresponsible behavior.
Instead of putting an age limit on this, you should punish all equally who has been caught driving irresponsibly and recklessly..
This is stupid we already have a law that says you must drive with both hands on the wheel. It very clearly states that in the “Floida Drivers Handbook” that If you have one hand on the wheeel and one doing anything else boom it’s a ticket.
All we have now are a bunch of political jerks jockying for position to put their name on a law that we really don’t need. Enforce the two hand rule and were done.
In the Florida drivers handbook it clearly states that you should drive with both hands on the wheel. So why is this not a law?
Hold your hand to your ear and let me know if you loose periferal vision when you drive.
The police were able to make it a policy in their department why not make it a policy throughout the government. Lead by example?
I am a senior citizen,,for starters,,I ride a motorcycle,,not a little one ,,a GoldWing touring bike,,,Just today I was out on a few errands in downtown Ft.Lauderdale..I was almost run over by these idiots on there cell phones…I FOR ONE AM TIRED OF IT,,Thank GOD my reflexes are still intact,,as the 3 incindences would have landed me in the hospital for sure…These people on there phones are a DANGER to anyone who is out there on driving or on a Motorcycle for sure..
When i was working my shift was done at 1P.M…a 10 mile ride home on my bike was heart throbbing ,,I could pick out the morons on there phones,,they didn,t stay in there lanes they drove slow and were oblivious to their surroundings..IF anyone wants to dispute this,,I would be willing to take them for a ride,,They would have to sign a waver,,I would not be responsible for them,,,
Something has to be done about this problem,,,I believe in personal rights,,But when those rights encompass the safety of other people then something has to be done..Forget about the hands free as well..they are just as bad as hand on..
I truly hope that something is done about this serious problem,,
I wish i knew where to take this to,,??? The local police bikers have the same problem I am sure,,and why don’t they do anything about it I can’t understand..
Ride Safe
It’s a shame common sense doesn’t prevail when it comes to having a driver distraction law in this state ! I for 1 have nearly become a victim of several ” distracted drivers ” accidents. ( cell phone, texting, ect ) One of my biggest gripes is that EVEN the police do it ! I don’t know why I should bear the cost of exorbitant insurance premiums because of negligence. I could get real lengthy on this , but others have sited valid reasons why this SHOULD BE A LAW ! Sorry, but this is a NO BRAINER !! To let this kind of thing sit on our ” responsible ” governors desk without approval also points out the lack of ” do the right thing” leadership. nuff said !
florida, what is WRONG with you? Yes, education is key, but the law makes it easier to enforce. Plus think of all the revenue that your state so badly needs should a ban be in place. You can ticket almost everyone on the road there. It’s AWFUL down there and the speed limit causes every one to drive 55-75 all the time. c’mon. be smart.
You people are missing the point!!! non hand held devices are just as dangerous because your concentrating on talking to someone or activating the voice command and you are still not watching the road or paying attention to your surroundings!! it is not hard to go to school or work with out being attached to a cell phone! for god sakes get a life…if you dont put the phone down you might not have one for long.
I am in COMPLETE support of cell phone bans in motor vehicles. It is a HUGE distraction and causes many accidents. There are too many hands free and blue tooth options available, that there is no excuse for holding a phone to your ear.
My husband and I just moved to Florida after being stationed in Europe for six years. They are very strict on their cell phone laws and pull over and fine on the spot. You can even lose your license if you’re caught on the phone in a moving vehicle.
I had no issues learning German traffic laws and driving on the autobahn, but I am terrified to drive around Tampa. Not only do people pass on the right, sit in blind spots, speed up when you signal to change lanes, hang out in the left lane, change lanes w/o signaling, run red lights, crosswalks and stop signs…but every other driver has a cell phone in their hand! No wonder there are so many accidents and debris along all the roads.
To top off my total disbelief, today I witnessed a Hillsborough County Sheriff driving around on his cell phone! WOW! I also support raising the legal driving age to 18 and changing the drivers education programs to “mirror” those of European countries. They have it right, and we have a long way to go.
Cell phone and texting exchanges while driving in Miami are reaching epidemic proportions. It is so unsafe to drive on I95 that it boggles the mind, even a simple walk to my local supermarket has become a matter of danger.
If the governor of Florida as well as the state legislature does not care about this crisis, then it is resolutely clear that they should held accountable for every casualty caused by cell abuse on the road. This has got to stop and urgently. I know Im making an extreme case here regarding this issue, but ask anyone in Miami, and you will simply hear horror stories regarding phones and driving.
I say teach the ignorant governor and legislature of Florida a lesson, empower yourselves, find the inner strength to join together with your family, friends and neighbors and plan a massive protest in your communities. It’s the only way, we must learn to be heard by our own government … If any one of these politicians in florida had any sense at all this issue we would have had a hand free cell law years ago. So please think about it, think hard, the only way is to be heard through peaceful protest, One million people take to the streets in Florida’s cities, and I assure you a law will be passed faster than one can blink an eye.
Shame on the governor of Florida and it’s legislature for not caring in the least about its populous!
I am from California and Hawaii, BOTH States have “Hands Free” Cell phone and NO Texting Laws in effect. The roads are much safer ,because of those laws.
I find that now that I am living in Miami, I have to risk my life when driving “hands free”, yes I use a Blue tooth ear device that is only activated when I receive a call ( I don’t make calls and I never text and drive). I see at least 5 accidents every day, I see people driving like they live in a 3rd world country and not the USA, all while driving and texting or driving with their cell phone to their ear. People do not pay attention to the road and drift into other lanes, run red lights and so on.
Why doesn’t Florida follow the lead of other States that have successfully passed and enforced cell phone laws? It would save many lives, reduce accidents and maybe just maybe Auto Insurance rates would finally come down. I hate driving in Florida, because the people here have no common sense, not to mention don’t even obey the speed limit laws — who does 65 in a 40 zone? Don’t even get me started on the J-Walkers
Viki, thanks for the comment on Florida’s lack of distracted driving legislation. I am originally from Florida and have lived in California for many years. Florida is an embarrassment on this issue. Driving in LA became so much better when the cell phone and texting laws went into effect. I was in Fla. for a long weekend recently and was surprised to not see a ton of people driving and cell phoning. Only a couple of clowns (but this was a limited sample). So it seems to me that the citizens have more sense than the state government.
It is ridiculous, that we let our state stay behind on such urgent issues, it is an embarrassment for sure, lets keep trying to fight this issue fellow Floridians!!!! What are we thinking? Where do Floridians come from? Let’s show the rest of the country that we are smarter than that. I felt horrible when I was in California and they said, “What is going on with you guys, wake up already, and you are so slow”.We need a knick on our rears”. Don’t just read this, do something now…..now….now, before you or a loved one dies….dies….dies…..are you awake now???????????
I am truly shocked to hear that our own governor vetoed a bill banning cell phone use or even the education to new drivers on the dangers of cell phone use. This is reminiscant of the seat belt laws and who can possibly argue today that seat belts don’t save lives of course they do! Mr Scott please do the research and Vote to Ban All electronics use for ALL ages – make Florida a Leader in Safety and not always catching up while we witness hundreds of tragic and unnecessary deaths espcially with our youth. You represent us pls do the Right Thing and Ban all electronics use thank you.
What can I do to help get this hands free only legislation passed?? I bike to work 30 minutes each day and can attest first hand to the deadly dangers of these nut jobs who are yapping on cell phones or punching in text messages. Just about EVERY weaving driver or one that fails to stop at intersections is working one of these devices!
This is not about infringing on your individual rights – it’s about protecting the masses from careless drivers. When the population is threatened by this behavior, laws need to be passed. Period. Nobody likes more laws on the books but I’m here to tell you that unless something is done, I’m most assuredly going to be killed by one of those drivers. And yes, I use a bike lane and drive EXTREMELY defensively. My life is more valuable that your cell phone or text message!
Heck, 15-20 years ago the world survived just fine without these devices and NO ONE can say things have changed today that warrant permitting this dangerous behavior. I Florida doesn’t see merit in protecting their citizens by passing protective legislation and backing it up with stiff enforcement, why the hell have drunk driving laws? There’s enough stats out there to prove the dangers in using handheld cell phones and texting! If I get killed by a texting moron, I hope some major highway will be named after me.
I don’t understand why our Florida legislators are so blind to passing serious anti-texting laws. The attitude they have been taking shows no common sense whatsoever.
I am almost surprised they have not legalized driving while under the influence. There are numerous studies determining that people driving barely over the legal alcohol limit are probably safer drivers than those texting and driving. What is wrong with this picture?
I can understand some kind of law if someone is texting and maybe even talking on a handheld device. The bluetooth device is a good plan as well as systems that are in cars that allow communication. However, if the law that bans cell phone use completely is passed, it would be a big mistake. The main concern of this issue seems to be a distraction for the driver. I happen to know of a couple of instances when a driver was changing the dial on the radio and hit people walking across the street killing them both. Will this law include that you cannot adjust your radio? Will this law require that a driver cannot have a discussion with other passengers in the car? People have discussions, confront their children’s behaviors in the back seat while driving and these actions cause accidents as well. Again banning texting while driving I understand but putting a total ban on cell phone use doesn’t make any sense.
I don’t think that everyone should get punished for other ppl stupidity if all ppl lose the rights I think police and emergency transportation should also lose there rights too they are also the ones driving at an excessive speed just because they have a badge or are medical there still drivers, like the rest off us too they take our rights lets make it equal too works on everyone no favorites laws are made to be fallow not to be broken I have seen our own law enforcement breaking the same laws that we have to obey
Florida has become such a pussified state, we need to stop worrying about what others think and do it already. Over 80 percent of the fatal accidents in this state are caused by distracted driving. Its time people start using their head and think before you put yourself or someone else in danger. You are driving a vehicle that can be difficult to stop on a dime.
I too agree we are a society plagued with government overeach, but if drunk driving is considered a threat and we see so many public service announcements on it or the watch twice for motorcyclist announcements, and yet these bozos in our legislature can’t see the true threat to public safety texting while driving presents, then they prove they are there for their own interests and could give a rat’s ass when it comes to truly having the citizens they supposedly represent’s interests in mind. I guess it would only take a bunch more like Rep. Slosberg’s daughter’s tragedy to shake these neanderthals out of their stupors!
This is just another attempt to take away our rights. You’re just going to be pulled over for looking down for a second and that’s good enough. Maybe we should ban radio’s because changing the station distracts you or maybe the music!?
A quick comment on the previous posters note. The oft heard phrase “… attempt to take away our rights” is overused and not appropriate in this discourse because:
1. No one it taking away your rights to use any of these portable devices. Pull off the road or get your messages at the next convenient stop. The currently permitted use of hand held devices is a priviledge not a right (BIG difference).
2. In this more and more self-centric country we live in, much argument has its roots in the perspective of “what’s in it for ME” vs “what would be best for greater good”.
3. I would ask anyone who uses the previous poster’s assertions to answer how they would respond to the next victim’s family when asked “Was my son/daughter/wife/husband’s RIGHT to live less important than your PRIVILEDGE to text or chat on a hand held cell while driving?”
4. Statistics often drive what acts/behaviors need to be addressed through legislation. If someone can show me that glancing at the speedometer or punching a button on the radio is statistically as bad as the text/cell issue, then I concede – rather than go back to horse and buggy, we’ll just let the insurance industry continue to jack their rates to cover this casualty. I’ll leave the numbers jousting to the professionals who track this stuff!
Bob, I am in complete agreement with you about the never ending growth of legislation that is strangling this country and I don’t want any more laws added UNNECESSARILY to the books. But, when a priviledge (not a RIGHT) is abused to the extent that statistically the public is endangered (e.g. DUI), you’ve got to ask “shouldn’t there be a law against this?” Sorry if anything I wrote offends anyone – I just see this lousy texting/cell behavior every day along with the accidents and near accidents that result. Peace.