Are we in the clear?

[KB4MSZ]

Wasn't sure where to post this as it affects amateur radio in general, but Florida directly.

The Florida Senate has just passed (or is about to pass) a revision to the "Florida Texting while driving law". The current version exempts:


"(b) Paragraph (a) does not apply to a motor vehicle operator who is ……….

5. Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a feature or function.
6. Conducting wireless interpersonal communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function."

See Texting Law 2018, attached.

The new version reads as follows:

"(b) Paragraph (a) does not apply to a motor vehicle operator who is:
1. Performing official duties as an operator of an authorized emergency vehicle as defined in s. 322.01, a law enforcement or fire service professional, or an emergency medical services professional.
2. Reporting an emergency or criminal or suspicious activity to law enforcement authorities.
3. Receiving messages that are:
a. Related to the operation or navigation of the motor vehicle;
b. Safety-related information, including emergency, traffic, or weather alerts:
c. Data used primarily by the motor vehicle; or
d. Radio broadcasts.
4. Using a device or system in a hands-free manner for navigation purposes.
5. Using a wireless communications device hands-free or hands-free in voice-operated mode, including, but not limited to, a factory-installed or after-market Bluetooth device.
6. Operating an autonomous vehicle, as defined in s. 316.003, in autonomous mode."

(d) Authorize law enforcement officers to stop motor vehicles and issue citations to persons who are driving in school or work zones while using a wireless communications device in a handheld manner as provided in subsection (3).

(3)(a)1. A person may not operate a motor vehicle while using a wireless communications device in a handheld manner in a designated school crossing, school zone, or work zone area as defined in s. 316.003(101).

For the purposes of this paragraph, a motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph

See Texting Law 2019, attached.

Is the "wireless interpersonal communication" exemption being retained?. Does the handheld device restriction only apply in the above mentioned areas, and would operating amateur radio equipment be exempt in these areas? If not, this could be a real problem during travel through interstate construction zones, especially for out of state amateurs who are unaware of the statute. Even more so when emergency conditions exist and an officer could apply the law almost anytime he or she feels the need.

Maybe a Perry Mason type could chime in here.

 

[kd4efm]

Its supposed to follow the Georgia law; ham radio, or any two way radio, or communications device that is fixed mounted will remain exempt.

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[RFI-EMI-GUY]

Without reading the entire chapter, I note that the 2019 revision is a revision to the section you cited as the 2018 version. .305 and .306. ,306 is defining the rules under which a device may or may not be used in specific school or work zones, while .305 is the highway in general.

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[Bote]

I would be flabbergasted if any lawmaker even had the first clue what Amateur Radio is, let alone considered it in drafting this bill. Everything you quoted in the o.p. focuses on staring at a phone to type or read a text message.

 

[Citywide173]

I would be flabbergasted if any lawmaker even had the first clue what Amateur Radio is, let alone considered it in drafting this bill. Everything you quoted in the o.p. focuses on staring at a phone to type or read a text message.

It does not, in fact it is one of the more all inclusive wordings I've seen in the various state laws regarding texting and driving. While you are right about the legislators not knowing what amateur radio is, they are probably acutely aware of the companies that their campaign contributors run, and many of those use two-way radios. The specific wording:

5. Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a feature or function.
6. Conducting wireless interpersonal communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function."

The wording of that particular revision very specifically removes operation of PTT or changing channels on a two way radio from any misinterpretation of the law.