Senate committee approves bill to outlaw holding mobile devices while driving

The Senate Transportation, Tourism and Economic Development Appropriations Committee has approved a measure that would make it illegal for anyone in Florida driving a vehicle to hold a mobile device.

The measure (SB 1318) was drafted by Sen. Erin Grall, a Vero Beach Republican who sees a need to increase enforcement of distracted driving.

State law already prohibits texting on mobile devices in Florida while driving. But the new bill would require that drivers cannot touch their mobile devices while a vehicle is traveling and would bar “a person from operating a motor vehicle while using a wireless communications device in a handheld manner.”

The proposed measure would permit drivers to still use speakers on mobile phones or have those devices linked to Bluetooth transmission or through a patch cord that pipes the audio from those devices into the vehicle’s speaker system.

While the committee members voted unanimously to approve the measure, which now goes to the Senate Rules Committee for review, some had reservations about potential government overreach.

Sen. Blaise Ingoglia, a Spring Hill Republican, said he worries that many motorists have vehicles that predate any Bluetooth hookup technology or patch cord capability. Some motorists have no choice but to hold their mobile phones to their ears.

“My concern is (for) people who do not have the wherewithal to purchase newer vehicles … where they may not have the technology in the vehicle to do this,” Ingoglia said, adding that many drivers also have to touch their smartphones to operate GPS mapping applications.

Ultimately, Ingoglia said, the proposed bill would seem to punish those who do not have the latest and more expensive technology in their vehicles that augments hands-free operation of mobile devices.

But Grall said there are many different mounting stations or clips that allow for interaction with a phone on the device’s open speaker option without holding it or tapping into the vehicle’s stereo system. That option does not require the latest tech, and drivers can still hear whatever is being said on the device.

She added that the proposed measure still allows for discretion by law enforcement officers before issuing a citation that would bring a fine.

Sen. Tom Leek, a St. Augustine Republican, said he has fundamental questions of liberty with the proposal. In all other cases, holding a mobile device is legal.

“Stop and consider what we’re doing. We’re giving the ability of a government actor to pull you over for doing something that is entirely legal,” Leek said. “I think this bill could be better.”

Sen. Tina Scott Polsky, a Boca Raton Democrat, said there are all kinds of laws already in place that have changed behavior. She noted that it used to be completely legal to not wear seat belts in vehicles before the so-called “click-it-or-ticket” law went into effect, requiring all motorists to fasten seatbelts.

“The law is there to educate and to create consequences,” Polsky said. “It has become natural behavior and that’s what we’re trying to do.”

Polsky said too many people in Florida are being injured or killed due to distracted drivers who are engrossed in their smartphones.

“It’s about prevention. It’s about behavior changing,” Polsky said, adding that the state routinely runs public service announcements about laws and that can happen with this issue. “That is our role. … We can do better and we can save lives.”

The Senate measure is mirrored by a similar proposal that is winding through the House (HB 501) drafted by Rep. Allison Tant, a Tallahassee Democrat.

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