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Florida Lawmakers Renew Push To Toughen Texting Law
October 25, 2017
A bipartisan group of lawmakers embarked Tuesday on a road that has resulted in a dead end in the past: getting the House and Senate to make texting while driving a “primary” traffic offense in Florida.
The Senate Communications, Energy and Public Utilities Committee voted 7-1 — following testimony from family members of people killed by texting motorists — to approve a primary-offense bill (SB 90).
But the measure already faces questions over how the ban could be enforced without requiring motorists to be completely hands-free of wireless devices or if the law would create any noticeable change in motorists’ behavior.
Sen. Dana Young, a Tampa Republican who voted for the measure, said the bill might also not go far enough in tackling the issue of drivers distracted by watching movies, scrolling through music playlists, applying makeup or even reading books.
“Why would you not just deal with the issue, which is the elephant in the room, which is distracted driving, careless driving,” Young said.
Sen. Jeff Clemens, D-Lake Worth, said he’s seen statistics showing a move to enforcement as a primary offense fails to reduce crashes.
“My main concern here is not giving people false hope that this is going to solve the problem,” Clemens said. “If we really want to do something to solve the problem, we should just not have people be able to use their phones while driving.”
Florida law bars texting while driving, but the ban is enforced as a “secondary” offense, meaning motorists can only be cited if they are stopped for other reasons, such as speeding. If it becomes a primary offense, police could stop motorists for texting behind the wheel.
Bill sponsor Keith Perry, R-Gainesville, said he is typically opposed to creating new regulations, but as the father of a daughters ages 17 and 20, “this is a public safety issue” and the proposal is intended to change people’s behavior.
Clemens got an amendment added to the bill Tuesday that would require police to inform people stopped for texting while driving that they can decline searches of their devices.
Perry’s proposal doesn’t match a House proposal (HB 121) by Democratic Reps. Emily Slosberg of Boca Raton and Richard Stark of Weston, but he said they would hammer out the differences as the measures advance.
The House measure, along with making texting while driving a primary offense, would double fines for texting while driving in a school zone or through a school crossing.
Slosberg sought a texting ban in the 2017 session and has spent the past several months urging support from local governments. More than 20 counties and nearly 30 cities approved resolutions in support of making texting while driving a primary offense.
“As deaths are increasing, our laws are doing nothing to address it,” Slosberg said during a news conference held Tuesday in the Capitol by the FL DNT TXT N DRV Coalition.
The coalition is backed by the Florida Sheriffs Association and the Florida Police Chiefs Association.
Slosberg’s efforts to increase traffic safety are personal.
On Feb. 23, 1996, Slosberg and her twin sister, Dori, got into a car with friends. The driver, 19, was speeding 90 mph in a 50-mph zone when the car struck a median and crashed into a car heading east. Emily Slosberg survived the crash with a punctured lung and several broken bones. Dori was killed along with four other teenagers.
“I will never get my twin sister back, but I want to make sure Floridians and every other person in this state does not go through what I did,” Slosberg said.
Gwendolyn Reese, a St. Petersburg resident, said during the news conference that law enforcement needs the ability to stop motorists before more tragedies occur.
“When did we become a society that valued convenience and everything else above human life?” Reese asked.
Reese’s 24-year-old niece Lavon Reese, a Florida State University student, was killed in Tallahassee in January 2015 when struck by a vehicle driven by a woman who was driving 89 mph while texting.
“I cannot say if it had been a primary offense that my niece would still be alive,” Reese said. “But I can think that quite possibly she would, because the woman who was speeding and texting would know she could be stopped for either.”
Perry’s proposal still needs to get approved by three more Senate panels before it could go to the full Senate during the 2018 session, which starts in January.
Texting while driving is a primary or secondary offense in every state other than Montana.
Currently Florida joins Ohio, Nebraska, Arizona and South Dakota in listing texting while driving as a secondary offense, according to the Governors Highway Safety Association. Those other states each have some areas in which the law is a primary offense.
by Jim Turner, The News Service of Florida
Comments
11 Responses to “Florida Lawmakers Renew Push To Toughen Texting Law”
Another issue that hasn’t been mentioned is that I think most people TWD don’t realize how irratic that they are driving. They THINK that they are driving fine. If drivers drove better the cost of new vehicles wouldn’t be so high because of the safety features to protect us from ourselves.
As an earlier post stated, people will continue to TWD no matter what laws are in place – the majority of the motorist’s on the road text while they drive and they will not stop. The problem is they are actually more proficient at their texting than they are at operating a motor vehicle safely – Enforcement is going to be a losing battle.
Again, texting while driving is impaired driving. Motorists have taken there social media on the road – it is just another statistical category to rack up injuries and death because of it.
I got behind a young lady the other day…..she ran off the road twice and then just about hit a car head on twice. She pulled over and i could see her holding her cell phone…..???????? People
I’m now believing my Mom was right……it’s the 50/50 concept……50% of American
drivers should only use the bus for transport. They’re just not capable of controlling
a moving vehicle ( of any kind ) . Mom would be 107 if still alive and was smart
enough to stop driving@ bout 75. She knew all about not being able to fix stupid
but She never heard it phrased like that. The young, the old, and the stupid….there’s
the 50% she was worried about.
How about a HANDS FREE bill on all things but the steering wheel Only.
This is government encroachment. They will no longer need a reason to pull you over. They can just say I saw the driver with a phone. Absolutely ridiculous. And how will they address the police behind the wheel of a motor vehicle with laptops and radios?? Are the police just better drivers than us? I say if an accident ouccurs due to texting while driving then the charge should be that similar to a DUI. The accident occurs due to gross negligence on the drivers part. All four requirements for negligence to be proven would be present. So why attack all drivers? Just because I don’t do something doesn’t mean it should be outlawed. We have the right to not be harassed by the cops and that right is provided in the 4th amendment of the constitution. If we allow them to chip away at our rights then what will be left?
You cannot fix stupid. No law, no penalty, no punishment however severe can fix stupid. The reason people text and drive is because the ARE stupid. To attempt to enact any laws trying to prevent stupid is well…..stupid!
Fighting the insurance companies is my #1 cause.. I do not own a cell phone and I want my discount! I had to have them years ago but I promised myself I could throw them in a drawer once I retired. I never talked on my cellphone in my car. Why aren’t 16 yr olds taught the same and continue the habit? Nothing is more important than life.
Just like all other laws against drugs, alcohol, speeding, Illegal entry into the US, etc. This is something that people will continue to do so long as they think they can get away with it. You can legislate all you want but laws do not necessarily cause behaviour change. Just look at all those stiff gun laws in those Left leaning cities. Murder rates are sky rocketing.
What needs to change is the technology. Make the cell phone better, hands free, voice activated, more intuitive, more fluid. Opening the litigation spigot only cuts down on freedom more.
This law as a secondary offense proved just how stupid elected officials can be. It accomplished nothing, and results are people getting injured or losing their lives because of texting while driving.
. As you sit in traffic you can see how motorists value convenience and everything else above human life – got to pick up that phone – got to text – idiots! It is only going to be effective if stiff penalties are imposed even for the first offense – what does this mean? – you are going to have to hurt motorists in their wallet – maybe if they can’t pay their cell phone bill because of a stiff fine offenders will pay attention.
Texting while driving is impaired driving and should be treated as such. Stupid people with smart phones.
This is crazy, all you have to do is drive down Hwy 29 and watch the fools on and off the road. People are dying and our elected leaders are trying to figure out what the problem is. Just like the red light at Hwy 29 and 97 in Molino, some people do not care if their is a stop sign are red light, they are not going to stop .