What are Florida's texting and driving laws in 2022, and how well are they being enforced?
Florida Statute 316.305
According the official Florida statute related to texting and driving:
"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...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...that allows text communications."
According the official Florida statute related to texting and driving:
"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...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...that allows text communications."
Texting and Driving in Florida Is Now a Primary Offense
In 2019, Governor Ron DeSantis introduced a new law which made texting while driving a primary offense in the state of Florida. But according to a report by the Orlando Sentinal, this new law is rarely enforced.
For example, there are around 2 million drivers in Miami-Dade County alone. Among those 2 million, police only wrote 295 texting tickets in 2020. That's about 6 a week. The sheriff's office in Orange County - which includes the constant hustle and bustle of Orlando's roads and highways - reported only 114 tickets for texting while driving.
More surprising than those statistics, campus police at the University of Florida - with more than 50,000 students - reported zero citations. The same goes for Florida State. Here in Northeast Florida, Nassau County also reported zero texting tickets. St. John's County reported 253 tickets, when in reality the county only wrote 17 tickets.
So why is Florida failing at enforcing this new law? Well many officers have complained that Florida's texting while driving law contains too many loopholes.
In 2019, Governor Ron DeSantis introduced a new law which made texting while driving a primary offense in the state of Florida. But according to a report by the Orlando Sentinal, this new law is rarely enforced.
For example, there are around 2 million drivers in Miami-Dade County alone. Among those 2 million, police only wrote 295 texting tickets in 2020. That's about 6 a week. The sheriff's office in Orange County - which includes the constant hustle and bustle of Orlando's roads and highways - reported only 114 tickets for texting while driving.
More surprising than those statistics, campus police at the University of Florida - with more than 50,000 students - reported zero citations. The same goes for Florida State. Here in Northeast Florida, Nassau County also reported zero texting tickets. St. John's County reported 253 tickets, when in reality the county only wrote 17 tickets.
So why is Florida failing at enforcing this new law? Well many officers have complained that Florida's texting while driving law contains too many loopholes.
When Can Drivers Use Their Phones?
Florida's texting and driving law states that drivers can make phone calls, check weather or traffic alerts, and even use phones for navigation unless driving through a school or construction zone. These are considered “hands-free” spaces where any phone activity while driving is illegal.
Officers can only ticket people when their car is in motion and they have a reasonable belief that the driver is texting. Drivers are allowed to text while their vehicle is stationary. Not only that, but drivers are not required to allow officers to look at their phones without a search warrant except for in the event of a crash resulting in death or personal injury, where "a user’s billing records for a wireless communications device or the testimony of or written statements from appropriate authorities receiving such messages may be admissible as evidence in any proceeding to determine whether a violation of paragraph (a) has been committed."
Florida Statute 316.305 states that an police officer cannot ticket a driver who is using their cell phone or handheld device while:
Florida's texting and driving law states that drivers can make phone calls, check weather or traffic alerts, and even use phones for navigation unless driving through a school or construction zone. These are considered “hands-free” spaces where any phone activity while driving is illegal.
Officers can only ticket people when their car is in motion and they have a reasonable belief that the driver is texting. Drivers are allowed to text while their vehicle is stationary. Not only that, but drivers are not required to allow officers to look at their phones without a search warrant except for in the event of a crash resulting in death or personal injury, where "a user’s billing records for a wireless communications device or the testimony of or written statements from appropriate authorities receiving such messages may be admissible as evidence in any proceeding to determine whether a violation of paragraph (a) has been committed."
Florida Statute 316.305 states that an police officer cannot ticket a driver who is using their cell phone or handheld device while:
- Receiving messages that are:
- Related to the operation or navigation of the motor vehicle;
- Safety-related information, including emergency, traffic, or weather alerts;
- Data used primarily by the motor vehicle; or
- Radio broadcasts.
- Using a device or system for navigation purposes.
- 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.
- Conducting wireless interpersonal communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function.
- Operating an autonomous vehicle....with the automated driving system engaged.
Penalties of Texting and Driving in Florida
According to the Florida Department of Highways Safety and Motor Vehicles (FLHSMV):
First offense: a non-moving traffic violation with a base $30 fine, not including additional court costs or other fees, and no points assessed against the driver license.
Second offense: within five years is a moving traffic violation, with a base $60 fine, not including court costs and other fees, and 3 points assessed against the driver license.
Using a device in a hands-free space: a moving traffic violation, with a base $60 fine, not including court costs and other fees, and 3 points assessed against the driver license.
According to the Florida Department of Highways Safety and Motor Vehicles (FLHSMV):
First offense: a non-moving traffic violation with a base $30 fine, not including additional court costs or other fees, and no points assessed against the driver license.
Second offense: within five years is a moving traffic violation, with a base $60 fine, not including court costs and other fees, and 3 points assessed against the driver license.
Using a device in a hands-free space: a moving traffic violation, with a base $60 fine, not including court costs and other fees, and 3 points assessed against the driver license.
A Push for More Action
According to data gathered by the FLHSMV, crashes caused by distracted driving - including texting while driving - resulted in 333 fatalities in 2021. This was the highest recorded fatality rate related to distracted driving in Florida in at least 8 years.
Emily Slosberg, a member of the Florida House of Representatives who was heavily involved in passing the 2019 law, is trying to further expand the law. She is pushing to completely ban all cell phone use - not just texting - behind the wheel.
Slosberg has personal experience with the dangers of distracted driving. Over 20 years ago, she was in a deadly car accident that resulted in the death of her 14-year-old twin sister and four other teenagers.
According to data gathered by the FLHSMV, crashes caused by distracted driving - including texting while driving - resulted in 333 fatalities in 2021. This was the highest recorded fatality rate related to distracted driving in Florida in at least 8 years.
Emily Slosberg, a member of the Florida House of Representatives who was heavily involved in passing the 2019 law, is trying to further expand the law. She is pushing to completely ban all cell phone use - not just texting - behind the wheel.
Slosberg has personal experience with the dangers of distracted driving. Over 20 years ago, she was in a deadly car accident that resulted in the death of her 14-year-old twin sister and four other teenagers.
What This Means for You
Since police are rarely enforcing this Florida texting and driving law, even in hands-free spaces, there’s greater chance someone will be distracted by their phone while driving. This leads to more collisions. And since drivers are not required to carry bodily injury insurance, this is all the more reason you should have uninsured/underinsured motorist coverage. Don’t count on someone else to be able to pay your damages if they cause a collision. Having your own insurance coverage means more peace of mind for you.
Since police are rarely enforcing this Florida texting and driving law, even in hands-free spaces, there’s greater chance someone will be distracted by their phone while driving. This leads to more collisions. And since drivers are not required to carry bodily injury insurance, this is all the more reason you should have uninsured/underinsured motorist coverage. Don’t count on someone else to be able to pay your damages if they cause a collision. Having your own insurance coverage means more peace of mind for you.
If you have been injured in an accident caused by distracted driving, call Alisa Wilkes today. She is a Jacksonville car accident lawyer who will aggressively pursue every avenue of compensation, including medical bills, lost wages, property damages, and pain & suffering.