Bill Banning Texting And Driving Overwhelming Passed In House

RIVERVIEW, FL -- A bill introduced by state Rep. Jackie Toledo, R-Tampa, on behalf of a Riverview family is now heading to the governor for his signature. House Bill 107 to make texting and driving a primary offense in Florida passed the Florida House Monday afternoon with a vote of 108-7.

The Senate version of the bill, sponsored by Sen. Wilton Simpson, R-Trilby, was approved by the state Senate last week,

In addition to making texting and driving a primary offense, the bill will also make school zones and active work zones hands-free areas. Drivers will not be allowed to hold their phone in those zones.

“Today, Florida took a giant step forward towards saving lives and making our roads safer,” Toledo said. “Distracted driving has become an epidemic and I thank my colleagues in both the Senate and House for passing this much-needed common-sense legislation.”

The bill was inspired by Symmes Elementary School fourth-grader Logan Andrew Scherer of Riverview. Logan was only 9 years old when he was killed two years ago in a pileup on Interstate 75.

Brooke and Jordan Scherer and their two children, Logan and Mallory, 5, were taking a family trip to Ocala on Sept. 15, 2016, when they hit a traffic jam on Interstate 75 in Hernando County. As Jordan Scherer braked and came to a stop behind a line of cars, their Mazda SUV was struck from behind.

The driver who struck them was reportedly going 90 mph while texting on his cell phone. He didn't see the traffic jam ahead until it was too late.

Logan died instantly of blunt force trauma. The other members of the family were transported to the hospital with serious injuries.

In the hopes of preventing other families from experiencing this kind of tragedy, the Scherers launched a statewide campaign to reduce accidents caused by distracted drivers through a nonprofit they created in their son's memory, the Living for Logan Foundation.

The Scherers' heart-felt story caught Toledo's attention. Last year, Toledo co-sponsored a similar bill to penalize drivers for texting behind the wheel. The bill passed the House but died in the Senate.

Florida in one of only four states in the country in which texting and driving is a secondary offense. As a primary offense, law enforcement officers will be able to pull over Florida motorists for texting and driving. Under current law, drivers can only be cited for texting if they are pulled over for another offense such as speeding. Even then, the state penalty for texting while driving is a $20 citation that doesn't add any points to a driver's record, Toledo said.

"In 2015, there were over 45,000 distracted driving crashes in Florida. These crashes resulted in 39,000 injuries and more than 200 fatalities. As the mother of five children, these numbers are as frightening as they are compelling. As an engineer, the data is crystal clear. And as a legislator, my goal is safer streets and the rule of law," Toledo said.

The National Safety Council says cell phone use while driving causes 1.6 million crashes each year and that one out of every four crashes in the U.S. is caused by texting and driving.

Toledo notes that a similar distracted driver law went into effect in George in July, and there has been a 25 percent decrease in crash fatalities.

"Distracted driving can have deadly consequences and it's time we finally address this public safety crisis," Toledo said. "Children like Logan Scherer of Riverview would be alive today if drivers would put down their phones and concentrate on the road. This bill will hopefully act as a deterrent and make our roads safer."

If signed by the governor, the new law would take effect July 1. However, the hands-free section of the law would have a three-month warning period beginning Oct. 1. If pulled over, a driver would only be given a warning during the first three months before fines could be issued starting Jan. 1, 2020.

Toledo’s bill was co-sponsored by Rep. Emily Slosberg, D-Boca Raton.

Related story: State Rep Files Bill To Make Holding Phone While Driving Illegal