Transportation & Infrastructure Subcommittee Meeting Packet, September 18, 2019

Summary

Meeting packet for the Transportation & Infrastructure Subcommittee of the House of Representatives, September 18, 2019, 12:30 PM - 2:30 PM, in Reed Hall (102 HOB), with Brad Drake as Chair. It includes the meeting notice and a Department of Highway Safety and Motor Vehicles slide presentation on implementation of Chapter 2019-44 (HB 107), which made texting while driving a primary offense. The slides report 438 warnings issued by FHP from July 1st through September 17th and 542 citations statewide from July 1st through September 11th. They also cover a handheld prohibition in school zones and work zones taking effect October 1st, a public awareness campaign with $400,000 in FDOT grant funds, and commercial motor vehicle driver penalties.

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          Transportation & Infrastructure
                 Subcommittee
                   September 18, 2019
                   12:30 PM – 2:30 PM
                        Reed Hall



                  Meeting Packet




Jose R. Oliva                           Brad Drake
Speaker                                      Chair
                                       Committee Meeting Notice
                                             HOUSE OF REPRESENTATIVES




                               Transportation & Infrastructure Subcommittee

Start Date and Time:              Wednesday, September 18, 2019 12:30 pm

End Date and Time:                Wednesday, September 18, 2019 02:30 pm

Location:                         Reed Hall (102 HOB)
Duration:                         2.00 hrs




Update by the Department of Highway Safety and Motor Vehicles on the implementation of Chapter
2019-44, Laws of Florida (CS/HB 107), relating to wireless communications while driving

Presentation by the Department of Transportation on the SunPass Centralized Customer Service System




                             NOTICE FINALIZED on 09/11/2019 4:08PM by Denson.Tori


09/11/2019      4:08:20PM                                Leagis ®                                     Page 1 of 1
      DHSMV
Wireless Communications
                      ARRIVE ALIVE
                         - BUCKLE UP -




Implementation of
Ch. 2019-44 (HB 107)
Wireless Communications While Driving

       House Transportation & Infrastructure Subcommittee 9/18/2019
Background (s. 316.305, F.S.)

Effective July 1, House Bill 107 (Ch. 2019-44) became law, which changed enforcement
of the existing texting while driving ban from a secondary offense to a primary offense.
No changes were made to existing penalties and exemptions to the texting ban.


The new law also prohibits law enforcement officers from accessing devices without a
warrant, and requires officers to record and report violators’ race and ethnicity.

Penalties:
Non-moving violation
$30 fine (base cost)
0 points on driver license



                                                                                       2
Enforcement
In most circumstances, Florida Highway Patrol (FHP) Troopers are issuing warnings for
texting and driving through December 31, 2019, to educate drivers of the new law.
Exceptions apply in extremely dangerous driving situations.

Warnings
From July 1st through September 17th, there have been 438
warnings issued by FHP.
* The department does not capture warnings issued by other law enforcement
agencies.


Uniform Traffic Citations
From July 1st through September 11th, there have been 542
citations issued statewide by all law enforcement agencies.



                                                                                    3
Handheld prohibition in school zones
& work zones (s. 316.306, F.S.)
Section 2. goes into effect on October 1st where wireless communications devices can only be used in a
hands-free manner when driving in a designated school crossing, school zone, or active work zone
area.

FHP Troopers and law enforcement agencies will educate the motoring public through warnings until
December 31, 2019, at which time a citation may be issued for a violation of the law.

Clerks of the Court may dismiss a case and assess court costs if a first time violator presents proof of
purchase of equipment that enables a personal wireless communications device to be used in a hands-free
manner.


Penalties:
Non-criminal infraction, moving violation
$60 fine
3 points on driver license



                                                                                                           4
Handheld prohibition in school zones &
work zones (continued)
Wireless Communications Device Driving Safety Program

The new law states, “any person who violates s. 316.306, F.S. commits a noncriminal
traffic infraction, punishable as a moving violation, and shall have 3 points assessed
against his or her driver license. However, in lieu of this penalty, a first offender under
this section may elect to participate in a wireless communications device driving
safety program approved by the department.”

The department is in the final rulemaking process to implement this portion of law,
which establishes the framework of the new safety course that will soon be made
available to the public.



                                                                                          5
Other Implementation Tasks

 Roadside Education - Informational “tear-off” sheets
have been provided to FHP Troopers.
 FHP Training

 Annual Report - Beginning February 1, 2020, FLHSMV
will submit a report to the Governor and Legislature
consisting of violator data (race and ethnicity) provided
by law enforcement agencies statewide.




                                                            6
Public Awareness Campaign
FLHSMV is instituting the Put It Down: Focus on Driving campaign to help ensure all motorists are aware of the new
Wireless Communications While Driving Law.

The Department is partnering with:
 ◦ Florida Department of Transportation (FDOT)
 ◦ Florida Sheriffs Association
 ◦ Florida Police Chiefs Association
 ◦ AAA – The Auto Club Group


  FDOT has allocated $400,000 in grant funds starting July 29 that includes: billboards, radio, digital audio and video ads
   through September 30, 2019.
  FLHSMV is supplementing FDOT’s ads through strategically placed earned media efforts, community outreach events, and
   tear sheets for law enforcement officers as well as rack cards in FLHSMV and tax collector offices.
  Additional paid, earned and social media marketing efforts, in partnership with FDOT, will be conducted throughout the year.



                                                                                                                          7
Reminder:
Commercial Motor Vehicle Drivers
 In 2013, Florida law adopted the federal regulations related to mobile
phone usage and texting for commercial motor vehicle (CMV) drivers.
 No CMV driver shall use a hand-held mobile telephone or engage in
texting while driving a commercial motor vehicle.
 No motor carrier shall allow or require its drivers to use a hand-held
mobile telephone or require its drivers to engage in texting while driving
a commercial motor vehicle.
 Penalties: $500 (first offense), $1,000 and 60-day disqualification (second),
$2,750 and 120-day disqualification (third)


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QUESTIONS????




                9


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