Ryan Nicol
After approval from its fourth and final committee Wednesday afternoon, a bill allowing Florida drivers to be pulled over for texting while driving is ready for the Senate floor.
The measure (SB 76), filed by Sen. Wilton Simpson, got the thumbs-up from the Senate Rules Committee by a 15-0 vote. It also reverted some changes made at its previous committee stop in front of the Senate Judiciary Committee.
The Judiciary Committee hearing saw the legislation narrowed significantly to bring it more in line with a companion bill in the House (HB 107).
While the Senate version formerly sought to crack down on many forms of distracted driving, beyond just the use of cell phones, the revised version focused in on actions such as texting or writing emails on a smartphone.
But a strike-all amendment approved Wednesday expanded violations for which drivers could be pulled over. That amendment bars the use of any wireless communications device while a car is in motion, unless the driver is utilizing hands-free technology.
The House bill has also advanced through all of its scheduled committees.
The Florida Don’t Text and Drive Coalition released a statement praising the passage of the bill Wednesday.
“We thank the Senate Rules Committee for advancing this good public policy today,” read a statement from the group.
“In an effort to make our roads safer, a coalition of law enforcement organizations, businesses and local governments have joined together in support of legislation to stop texting while driving. Over 80 groups, local governments and businesses representing millions of Floridians are supporting SB 76 by Sen. Simpson and are hopeful that stronger laws will be passed this legislative session.”
Currently, texting while driving is only a secondary offense, meaning drivers can only be cited for the violation if pulled over for some other reason. The new legislation would make the violation a primary offense, which allows officers to pull a driver over for that reason alone.
A similar bill died in the Senate last year after earning overwhelming approval in the House.
Reps. Emily Slosberg, a Boca Raton Democrat, and Jackie Toledo, a Tampa Republican, are behind this year’s House effort.
The National Highway Traffic Safety Administration estimates 3,450 people were killed as a result of distracted driving in 2016. One study pegged Florida as the second-most dangerous state for distracted driving in the nation.
Brooke and Jordan Scherer, who lost their son in a fatal accident, also released a statement late Wednesday supporting the legislation.
“Beyond just making it illegal, we have to make distracted driving socially unacceptable,” the Scherers said.
“We have to make it understood that just because our handheld electronic devices and phones are valuable technology that can serve a useful purpose, it doesn’t mean we should be using them while we’re driving.”
The legislation also requires officers to record the race and ethnicity of the driver whenever an officer pulls them over.
Lawmakers say that provision is aimed at ensuring law enforcement does not use its new authority as a pretext to pull over minorities. The data will be reported to the Department of Highway Safety and Motor Vehicles, and will then be forwarded to the Governor and legislative leaders.
