One in seven crashes on Florida roads is due to distracted driving, making it one of the most common causes of traffic accidents. In recent years, Florida has worked to proactively reduce crashes caused by distracted driving and increase penalties on drivers caught texting while driving. Below, we answer common questions about Florida’s texting while driving laws so you can stay safe on the roads and avoid distracted driving accidents.
What is Florida’s Texting While Driving Law?
Florida Statute 316.305, commonly called the Florida Ban on Texting While Driving, was passed in 2019 and makes texting while driving a primary offense. The law defines texting while driving as using your hands to manually type a series of letters, numbers, or symbols into a handheld mobile device when a vehicle is in motion for “nonvoice, interpersonal communication.”
Is it Illegal in Florida to Text While Driving?
Yes. You cannot drive a vehicle while texting, emailing, instant messaging, reading, or scrolling on a smart device while operating a moving vehicle.
How Much is the Fine for Texting and Driving in Florida?
If it’s your first offense, you can be fined $30 for texting while driving. If you’re pulled over for texting while driving twice within five years, you’ll need to pay a $60 fine and have up to three points added to your license. If caught texting while driving in a work or school zone, there are additional penalties. If texting while driving causes a crash that results in injuries or property damage, there will be additional citations or criminal charges. It’s important to note that you’ll also be responsible for paying court fees for these fines. These fees are sometimes more expensive than the actual fine.
Is Texting While Driving a Primary Offense?
Florida’s texting while driving laws make distracted driving a primary offense, allowing law enforcement officials to pull someone over for cell phone use while driving. Before the law was passed, a police officer had to have another reason to pull you over.
Can You Text While at a Red Light?
According to the law, a vehicle that is “stationary is not being operated and is not subject to the prohibition in this paragraph” (Florida Statute 316.305(3)(a)). This means there is no ban against texting while the vehicle is stationary, including at a red light.
Can You Talk to Text While Driving?
Yes, you can use hands-free communication while driving, such as voice texting. You can also use your phone to activate or deactivate these voice texting features.
Can I Call People While Driving?
You can call people while driving in Florida using a hands-free option, such as Bluetooth or speakerphone.
Can I Have My Phone In My Hand While Driving?
You can use your phone to initiate hands-free controls, utilize GPS and directions, and use talk-to-text features. However, having your phone in your hand in a designated construction or school zone is illegal.
Are There Exceptions to Texting While Driving Laws?
There are a few exceptions to Florida’s texting while driving laws. You can use your phone while operating a vehicle in motion if you are:
- Using GPS to get directions.
- Initiating your phone’s hands-free services.
- Texting while the car is stationary or parked.
- A law enforcement official using your phone to perform official duties.
- Reporting criminal activities.
- Reading safety, traffic, and navigation system notifications.
- Operating a self-driving vehicle with the automated driving system activated.
What Do I Do if I’m Injured in a Car Accident Caused by Someone Texting and Driving?
The first step in getting help after you’ve been injured in a car accident caused by texting and driving is to seek medical attention. You have 14 days after the accident to seek medical care to be eligible for reimbursement through your PIP insurance. After you’ve received initial treatment, contact a Florida accident attorney, such as Brett M. Bressler, to represent your case and help you get all the compensation you’re entitled to for your injuries. We understand the complex aspects of distracted driving accidents and will ensure you’re fairly compensated for your injuries. Contact our team at 407-599-2002 or schedule a consultation online to discuss your case.
