General Statistics
- The National Safety Council reports that cell phone use while driving leads to 1.6 million crashes each year.
- Nearly 390,000 injuries occur each year from accidents caused by texting while driving.
- 1 out of every 4 car accidents in the United States is caused by texting and driving.
- Texting while driving is 6x more likely to cause an accident than driving drunk.
- Answering a text takes away your attention for about five seconds. Traveling at 55 mph, that’s enough time to travel the length of a football field.
Florida Law
Florida passed Fla. Stat. 316.305 entitled “Wireless communications devices; prohibition” which went into effect July 1, 2019. The new texting law is now a primary offense which means a law enforcement officer can pull you over solely on suspicion of texting while driving. Florida had a previous law which classified texting while driving as a secondary offense, meaning police could only ticket drivers for the infraction after pulling them over for a separate reason.
Common Questions and Answers
What phone activity is banned?
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.
Can I text while stopped at a red light?
Yes. The ban does not apply to a motor vehicle that is stationary.
Can I still use the navigation app?
Yes. The law permits the receipt of messages that are:
- related to the operation or navigation of the motor vehicle;
- safety-related information, including emergency, traffic, or weather alerts;
- radio broadcasts;
- using a device or system for navigation purposes;
- interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols
- interpersonal communication that does not require reading text messages
The practical effect is you can still use a navigation app, but commonly used apps such as Facebook, Twitter, Instagram, etc … do not fall within this exception.
Can I still talk on the phone?
Yes — for the most part. The law allows drivers to talk on handheld devices, but starting Oct. 1, it will be illegal to use a handheld device in a school zone or construction zone while workers are present. It will still be legal to use hands-free technology such as Bluetooth under these conditions.
How much is the fine for violating the law?
Violation of this law is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. First offense is $30 plus court costs which is usually over $100. A second violation within 5 years is considered a moving violation carrying a $60 fine plus court costs and fees.
Can police take my phone to check if I’ve been texting?
No. The officer must inform the motor vehicle operator of his or her right to decline a search of his or her wireless device and may not:
- Access the wireless device without a warrant;
- Confiscate the wireless device while waiting for a warrant;
- Obtain consent from the operator through coercion or other improper method.
Does the law apply to police?
No. There are exceptions for law enforcement officers as well as firefighters, emergency medical service personnel and operators of emergency vehicles.
How does law prevent racial profiling?
In order to alleviate concerns over racial profiling the law enforcement office must record the race and ethnicity of the violator and law enforcement agencies must maintain such information and report such information to the Department of Highway Safety and Motor Vehicles.
