Florida now treats texting while driving as a primary offense, meaning drivers can be pulled over solely for using their phone behind the wheel. Understanding how this law works can help you avoid penalties and protect your rights if you are involved in an accident.
Florida’s texting while driving law change
According to a Miami news report, Governor Ron DeSantis has introduced a new law which makes texting while driving a primary offense in the state of Florida. Florida's previous law only allowed officers to cite drivers for texting if they were pulled over for another violation. Now, officers are able to stop motorists specifically for texting.
Distracted driving statistics in Florida
With Florida being one of the last states to enforce this type of law, texting while driving has taken an enormous toll. The Governor stated that in 2016 alone, distracted driving caused nearly 50,000 automobile accidents and 233 deaths in Florida.
News4Jax reported that distracted driving crashes increased 25 percent since 2013, resulting in more than 200 deaths in 2017 as well.
A 2017 study ranked Florida second in the nation for distracted driving. Using app-based driver data, researchers measured speeding, sudden acceleration, aggressive turning, hard braking, and other movements while drivers were using their phones. The results showed that 92 percent of Americans used cell phones while driving within a 30-day period, with Florida receiving one of the worst scores.
Law enforcement perspective
"I would move to make distracted driving a primary offense so officers can act on it," said Fort Lauderdale Police assistant chief Douglas MacDougall in 2017. Like many officers, he had long waited for the ability to treat texting while driving as a primary offense.
MacDougall described a close call he witnessed firsthand:
"I was driving on the turnpike and there was slow traffic and when the traffic picked up I looked in my rear view mirror and saw a white vehicle coming. I pulled off into a left lane and the vehicle barely hit the vehicle in front of me, and he had a cellphone in his right hand."
Penalties and enforcement timeline
Although the law took effect July 1, 2019, officers initially issued warnings through January 2020. After that, citations began being enforced.
A $30 fine is issued for a first offense, followed by a $60 fine for a second offense. Additional court costs and fees may apply, and points can be added to a driver’s license.
The law does not apply to drivers using GPS systems or those who are stationary.
If you were injured in a crash involving a distracted driver, learn more about your options on our car accident page.