Florida: Cell phone laws, legislation

Florida cell phone, texting legislation: The Legislature appears to have ignored or abandoned all 2009 bills that would limit drivers’ use of mobile phones and text messaging devices.

Current prohibitions:
None.

Pending legislation:
SB 172: Would prohibit cell phone calls by drivers unless a headset or hands-free accessory is used. Also, HB 345.

SB 1578: Seeks to outlaw text messaging while driving in Florida.

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.

HB 261 and S 212 would ban use of wireless communications devices by drivers under the age of 18.

HB 677: Would prohibit use of cell phones while driving through school zones. Also, SB 112.

HB 377 seeks to outlaw text messaging while driving a motor vehicle.

HB 473: Would ban use of mobile phones by school bus drivers while the motor is running.

Florida legislation notes:
The Florida Legislature has turned its attention to budget matters and will 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.”

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 Senate bill 172 is dubbed “Heather’s Law” after a young woman who was killed in a cell phone-related crash in 2008. The law would be a a secondary violation.

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.

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.