State Rep Files Bill To Make Holding Phone While Driving Illegal

RIVERVIEW, FL -- Symmes Elementary School fourth-grader Logan Andrew Scherer didn't have time to accomplish much during his short life.

He was only 9 years old when he was killed two years ago in a massive pileup on Interstate 75.

But his parents, Brooke and Jordan Scherer, are hoping their son will still be able to make his mark in the world through a statewide campaign to reduce accidents caused by distracted drivers.

The Scherers created the nonprofit Living for Logan Foundation in October 2017 to lobby for legislation the penalize distracted drivers. And, on Monday, they saw their efforts pay off.

The couple was on hand at a press conference in which in which state Rep. Jackie Toledo, R-Tampa, announced that she has officially filed a bill that would not only ban texting while driving but penalize drivers that even hold or touch a smart phone while driving.

“This bill is a hands-free ban, so it doesn’t matter what you’re doing,” Toledo said at a press conference. “It’s physically touching and holding the phone that would be against the law.”

The Scherers 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.

"We never thought something like this would happen to us, and that is a mistake that everybody makes," said Brooke Scherer. "You're not invincible, this can happen to you. You can be a victim of it, or you can use it."

Since losing their son, the Scherers have made it their mission to prevent other families from experiencing a similar tragedy.

Their heart-felt story caught Toledo's attention, Toledo co-sponsored a similar bill last year 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. That means drivers can only be cited for texting while driving if they are pulled over for committing a “primary" offense. 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.

House Bill 107 would allow law enforcement to pull over a driver for simply holding a cell phone while driving. This bill has a better chance of passing because it was filed with an identical Senate bill that Sen. Wilton Simpson, R-Trilby, filed on Monday as well.

Sixteen states have enacted similar "hands-free" laws. Toledo said the 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.”

Brooke Scherer said she hopes the new law will become a "living legacy to Logan because his death cannot be in vain."

Images via Scherer family

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