Florida Distracted Driving Laws
Florida distracted driving laws prohibit drivers from using cell phones for texting while driving. Note that only texting is illegal, not talking.
This state enacted the so-called “Florida Ban on Texting While Driving Law” in 2013, which has been in effect since.
Texting while driving is a primary offense in Florida. This means law enforcement may stop and cite you even if you did no other traffic violation, such as speeding or running a red light.
Florida Distracted Driving laws summary:
Current Florida distracted driving laws prohibit texting while driving. This is defined by Florida Statutes, Section 316.305 Wireless communications devices; prohibition:
(3)(a) A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging. As used in this section, the term “wireless communications device” means any handheld device used or capable of being used in a handheld manner, that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internet or any communications service as defined in s. 812.15 and that allows text communications.
Texting while driving is prohibited to all Florida drivers. The law does not prohibit talking, nor using any wireless technology to read or write messages on phones or other devices.
Exceptions
Sec. 316.305 of Florida Statutes which prohibit texting while driving makes exceptions for the following:
- Stationary vehicles
- Emergency personnel (firemen, police officers, and medical personnel)
- Drivers operating self-driving vehicles while in autonomous mode
- Drivers reporting an emergency or criminal activity to law enforcement
Furthermore, Florida distracted driving laws do not apply to persons receiving messages related to operation and navigation of the motor vehicle, safety related information (emergency, traffic or weather alerts), data used primarily by the motor vehicle, radio broadcasts, using navigation devices, or conducting wireless interpersonal communication which does not require manual entry of multiple letters, numbers or symbols, except to activate, deactivate, or initiate a feature or function.
Penalties
Violating distracted driving laws in Florida is considered a noncriminal traffic infraction, punishable as a nonmoving violation. Any person convicted of a second or subsequent distracted driving violation within 5 years of a prior conviction may receive additional fines and penalties.
Distracted driving is now a primary offense in Florida since the enactment of Florida Statute §316.305 in 2019. Primary offense means police officers can stop and cite you even if they did not observe other violations. You can also receive additional fines and penalties based on other traffic offenses you committed while texting and driving.
Always remember that police officers are not allowed to access your phone without a warrant or your consent.
Hands free
You can use mobile phones and other devices in hands-free mode. This also includes using your phone as as GPS device.
References and sources:
Calling or texting while driving has been proven multiple times to be very unsafe. While Florida laws are very forgiving for distracted drivers, it’s always recommended to have full attention of the road.
The fantastic video below has footage of evening rush hour on I-95 in South Florida, and shows you exactly how many drivers are distracted while operating their vehicles:
According to Florida Department of Highway Safety and Motor Vehicles, crashes caused by distracted driving are growing every year. Every year there are more than 50,000 car accidents and over 200 fatalities caused by distracted driving (data source).
Basic earbuds or Bluetooth headsets which allow hands free communication cost less than violating the law even once, and are proven to reduce accidents.
