Florida law makes texting while driving a primary offense, meaning police can pull you over for this violation alone. Since July 2019, manually typing messages, emails, or texts on your phone while your vehicle is moving has been illegal statewide. Officers don’t need another reason to stop you if they see you texting behind the wheel, and penalties include fines, points on your license, and increased insurance rates.
At The Wiseman Law Firm, Attorney Simon Wiseman brings more than 25 years of trial-tested experience defending clients against traffic violations throughout Orlando. As a former prosecutor, he understands both sides of the courtroom and uses this insider knowledge to build the strongest possible defense for every case.
What Florida Law Currently Prohibits
Florida Statute 316.305 prohibits manually typing or entering letters, numbers, or symbols on a wireless device while operating a moving vehicle. This includes texting, emailing, and instant messaging on cell phones, tablets, laptops, two-way messaging devices, and handheld electronic games.
You can legally use your phone when stopped at red lights or stop signs because your vehicle is not considered in operation. Navigation apps and GPS systems are legal to use while driving, as are hands-free phone calls outside school and construction zones.
School and Work Zone Restrictions
Florida takes a stricter approach in designated areas. Under Florida Statute 316.306, you cannot use any wireless device in a handheld manner while driving through school zones or active work zones. This means no phone calls, no checking texts, and no holding your device at all. An active work zone is defined as an area where construction personnel are present or operating equipment on the roadway or immediately adjacent to it. These enhanced restrictions aim to protect children and construction workers who are particularly vulnerable to accidents.
Current Penalties and Fines for Texting While Driving
The penalty structure for texting while driving follows a graduated system based on repeat offenses. Understanding these consequences can help you know what to expect if caught texting while driving:
- First offense results in a non-moving violation with a $30 base fine plus court costs, typically totaling approximately $108, with no points assessed on your license.
- A second offense within five years becomes a moving violation, with a $60 base fine, court costs potentially totaling $158, and three points added to your driver’s license.
- A first offense in a school or construction zone carries the same fine structure but also adds points to your license.
- If your texting resulted in a crash, six points may be added to your license.
Beyond immediate fines, violations can significantly increase insurance rates. Commercial drivers face even harsher consequences, with potential penalties up to $2,750 for drivers and $11,000 for employers who allow or require handheld device use.
How Law Enforcement Enforces the Texting While Driving Law
Officers can pull you over solely for texting while driving, without needing to observe any other traffic violation. When stopping drivers, officers look for visual cues, such as repeatedly looking down, holding a phone, or typing motions.
Florida law protects your privacy during these stops. Officers must inform you of your right to decline a search of your wireless device. They cannot search your phone without a warrant or your voluntary consent. This protection addresses concerns about civil liberties while still allowing officers to enforce distracted driving laws.
Legal Exceptions to the Current Law
Several important exceptions allow specific phone use while driving. You can legally use your phone to report emergencies or criminal activity to law enforcement. Emergency personnel, including law enforcement officers, firefighters, and emergency medical services professionals, are exempt when performing official duties.
You may also use your phone for navigation and to receive safety alerts, including weather warnings, emergency notifications, and traffic updates. Voice-operated and hands-free communication that doesn’t require manual text entry is allowed outside of school and construction zones.
Why Texting While Driving Laws Matter
Distracted driving causes more than 1,000 crashes each week in Florida. In 2022 alone, Florida reported 53,596 distracted driving crashes that resulted in 2,574 serious injuries and 268 deaths. When you glance at a text message for just five seconds while traveling at 55 mph, your vehicle travels the length of a football field. That’s plenty of distance to miss a stopped car, a pedestrian crossing, or a changing traffic signal.
Get Trusted Criminal Defense for Traffic Violations at The Wiseman Law Firm
Facing a texting while driving citation might seem straightforward, but violations can affect your insurance rates, add points to your license, and create financial hardship through escalating fines. Attorney Simon Wiseman brings more than 25 years of proven, trial-tested experience as both a former prosecutor and defense attorney, giving him insider knowledge of how the legal system works.
Whether you’re dealing with a first-time texting violation or facing enhanced penalties in a school zone, our Orlando defense attorney provides the aggressive and zealous representation you deserve. We’re available 24 hours a day and are known for our attention to detail and commitment to achieving results. If you’re facing traffic violations in Florida, contact us today to discuss your case and learn how we can help protect your driving record.