Florida is a hands-free state, meaning that drivers cannot text and drive. Fines can range from $30 to $60 and 3 points to your driver's license.
The Official Statute
According to the official Florida Statute 316.305:
"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."
"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 & Driving In Florida 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.
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 a police officer cannot ticket a driver who is using their cell phone or handheld device while:
Officers can only ticket someone when his or her car is in motion and they have a reasonable belief that the driver is texting. And if pulled over, 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."
- performing official duties as an operator of an authorized emergency vehicle, a law enforcement or fire service professional, or an emergency medical services professional
- reporting an emergency or criminal or suspicious activity to law enforcement authorities
- 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, as defined in s. 316.003(3), with the automated driving system engaged.
Officers can only ticket someone when his or her car is in motion and they have a reasonable belief that the driver is texting. And if pulled over, 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."
Penalties of Texting & Driving in Florida
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 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
Firsthand Experience
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.
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.
House Bill 1469
An in July 2024, House Bill 1469 was filed with the intent to completely ban a driver from operating a motor vehicle while holding a wireless communications device. He or she would only be able to use their device to end a hands-free phone call or initiate a navigation app. Anything else would be prohibited.
With almost 400,000 crashes and 3,400 traffic fatalities in Florida last year, and data shows that more than a third of those drivers were actively engaged on their handheld device. Based off of these statistics, the Tampa Bay Times has a compelling take:
"Let’s do some math. There were more than 14,800 crashes last year in Pinellas County, and 110 people were killed. Hillsborough County had 27,465 crashes and 233 deaths. If more than a third of those drivers were distracted by their smartphones, that would account for 5,000 crashes in Pinellas and more than 9,000 in Hillsborough alone last year. Those are just the crashes, not the close calls."
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.
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.