Florida SB 1152: Brownfield Site Rehabilitation

Bill Text

1152 
Traffic Offenses 
2026-01-05T12:34:16Z 
Prohibiting a person from operating a motor vehicle while using a wireless communications device in a handheld manner; providing an exception; requiring that sustained use of a wireless communications device by a person operating a motor vehicle be conducted through a hands-free accessory until such use is terminated; revising penalty provisions relating to the use of wireless communications devices in a handheld manner in certain circumstances, etc. 
Original Filed Version 
2026 
S 
2026-10-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1152 

 By Senator Grall 

 29-00133-26 20261152__ 
 1 A bill to be entitled 
 2 An act relating to traffic offenses; amending s. 
 3 316.305, F.S.; revising a short title; revising 
 4 legislative intent; defining terms; prohibiting a 
 5 person from operating a motor vehicle while using a 
 6 wireless communications device in a handheld manner; 
 7 providing an exception; requiring that sustained use 
 8 of a wireless communications device by a person 
 9 operating a motor vehicle be conducted through a 
 10 hands-free accessory until such use is terminated; 
 11 revising exceptions to the prohibition; deleting 
 12 obsolete provisions; providing penalties; amending s. 
 13 316.306, F.S.; revising penalty provisions relating to 
 14 the use of wireless communications devices in a 
 15 handheld manner in certain circumstances; conforming 
 16 provisions to changes made by the act; providing an 
 17 effective date. 
 18 
 19 Be It Enacted by the Legislature of the State of Florida: 
 20 
 21 Section 1. Section 316.305, Florida Statutes, is amended to 
 22 read: 
 23 316.305 Wireless communications devices; use in a handheld 
 24 manner prohibited prohibition.— 
 25 (1) This section may be cited as the “Florida Hands-Free 
 26 Ban on Texting While Driving Law.” 
 27 (2) It is the intent of the Legislature to: 
 28 (a) Improve roadway safety for all vehicle operators, 
 29 vehicle passengers, bicyclists, pedestrians, and other road 
 30 users. 
 31 (b) Prevent crashes related to the use of a wireless 
 32 communications device in a handheld manner act of text messaging 
 33 while driving a motor vehicle. 
 34 (c) Reduce injuries, deaths, property damage, health care 
 35 costs, health insurance rates, and automobile insurance rates 
 36 related to motor vehicle crashes. 
 37 (d) Authorize law enforcement officers to stop motor 
 38 vehicles and issue citations to persons who are using wireless 
 39 communications devices in a handheld manner texting while 
 40 driving. 
 41 (3) As used in this section, the term: 
 42 (a) “Handheld manner” means holding a wireless 
 43 communications device in one or both hands or physically 
 44 supporting the device with any other part of the body. 
 45 (b) “Hands-free accessory” means an attachment to or a 
 46 built-in feature of a wireless communications device which 
 47 allows the operator of a motor vehicle to engage in 
 48 interpersonal communication or otherwise use such device other 
 49 than in a handheld manner. 
 50 (c) “Wireless communications device”: 
 51 1. Means a handheld device used or capable of being used in 
 52 a handheld manner to: 
 53 a. Transmit or receive a voice message; initiate, receive, 
 54 or maintain a telephone call; or otherwise engage in 
 55 interpersonal voice communication; 
 56 b. Receive or transmit text-based or character-based 
 57 messages or otherwise engage in interpersonal nonvoice 
 58 communication; 
 59 c. Record or display videos or images; 
 60 d. Enter, access, or store data; or 
 61 e. Connect to the Internet or any communications service as 
 62 defined in s. 812.15(1). 
 63 2. Includes, but is not limited to, a cellular telephone, a 
 64 smartphone, a tablet computer, a laptop computer, a two-way 
 65 messaging device, an electronic gaming device, or a device 
 66 capable of displaying videos or images. The term does not 
 67 include a citizens band radio, a citizens band radio hybrid, a 
 68 commercial two-way radio communications device or its functional 
 69 equivalent, a subscription-based emergency communications 
 70 device, a prescribed medical device, an amateur or ham radio 
 71 device, or an in-vehicle security, navigation, communications, 
 72 or remote diagnostics system. 
 73 (4)(a)(3)(a) A person may not operate a motor vehicle while 
 74 using manually typing or entering multiple letters, numbers, 
 75 symbols, or other characters into a wireless communications 
 76 device in a handheld manner except to activate, deactivate, 
 77 initiate, or terminate a feature or function of the device, 
 78 including a hands-free accessory. Sustained use of a wireless 
 79 communications device by a person operating a motor vehicle must 
 80 be conducted through a hands-free accessory until such use is 
 81 terminated. or while sending or reading data on such a device 
 82 for the purpose of nonvoice interpersonal communi