Florida: Cell phone laws, legislation
Last updated: June 10, 2010 · Print this report
Florida cell phone, texting legislation: No distracted driving legislation succeeded during the 2010 legislative session, despite Gov. Charlie Christ’s promise to sign a ban on text messaging. More than a dozen vehicle safety bills regarding talking and texting had been under consideration.
In 2009, the Legislature also rejected or ignored all bills that would limit drivers’ use of cell phones
Current prohibitions:
None.
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
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)
Florida Senate Bill 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)
Florida 2010 legislation notes:
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.”
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, has 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.
The city of Winter Park is studying its options for creating a citywide ban on text messaging. Reports from police and the city attorney are expected in January 2010.
Alachua County (Gainesville) is looking into a texting ban that would go into effect before the state Legislature convenes in March 2010. County Commissioner Cynthia Chestnut is driving the initiative.
2009 legislation:
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!
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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.