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As in most states, texting while driving is illegal in Florida. A new law that came into effect in 2019 changed how drivers are allowed to use their cell phones and reinforced the ban on texting and driving. In this article, we explain everything you should know about Florida’s cell phone law to help you avoid tickets and stay safe on the road. 

Florida’s Cell Phone Law

Under Florida’s cell phone law, it is considered a primary offense to:

“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 non voice interpersonal communication, including, but not limited to, communication methods known as texting, emailing, and instant messaging.”

Florida is the 45th state to make texting while driving a primary offense. This means that a police officer can pull you over for texting and driving, even if you haven’t committed any other traffic violations.

The Difference Between the New Law and the Old Law

Texting while driving has been illegal in Florida since 2013. The old law classified texting while driving as a secondary offense and it was not a sufficient reason for a police officer to pull you over. You could only get a citation for texting and driving if you were pulled over for a primary offense, for example, running a red light or a stop sign.

The new Florida cell phone law

In 2018, Florida saw a 6% increase in fatalities on the roads, spurring the change to its cell phone law. The law was revised to help prevent distracted driving and improve overall road safety. 

The new Florida cell phone law took effect on July 1, 2019. Section 316.305, Florida Statutes prohibits drivers from using a cell phone to text or email. The new law also makes it illegal to read any data on a mobile device while driving.

Florida’s cell phone ban allows law enforcement to stop motor vehicles and issue citations to motorists who are texting and driving. Texting is considered a primary offense, and the driver can get a citation without committing another moving violation.

Using a cell phone in school and work zones

School and work zones are particularly protected under the new Florida cell phone law. Hand-held cell phone use is banned in a designated school zone or an active construction zone where workers are present. In these zones, you are not allowed to hold the phone up to your ear, type anything on the screen, or hold your phone to read the GPS. 

If a law enforcement officer observes you using a hand-held device in a school zone, school crossing, or a work zone, they may issue a citation. Unless you are in a life-threatening emergency, you have to park your car in order to use your phone legally.

You are allowed to use a hands-free device to make phone calls in school and work zones, provided that you are not typing information or diverting your gaze. This means that you can use personal virtual assistants like Siri, Alexa, or Google Assistant. If you use headphones, you must keep one ear uncovered.

Talking and Driving

Florida’s law doesn’t prohibit motorists, including young drivers, from talking on a cell phone. This applies both to hand-held and hands-free mobile devices. The only exception is commercial drivers, who are not allowed to use any mobile device while on the road.

Where can I not use my hand-held device?

You are prohibited from using hand-held devices in school zones and school crossing, work zones, and construction zones.

Texting and Driving in Florida

Under Florida law, it is illegal to text on a mobile device while driving. You are also not allowed to access any content stored on your device such as videos, audio content, images, games, or software applications.

Included devices

It is forbidden to use devices such as mobile phones, notebooks, tablets, laptops, as well as electronic games and iPads.

How can the police officer prove that I was texting?

To issue a citation, the law enforcement officer must be able to see you texting and driving. Although an officer may ask you to check your phone during a traffic stop, according to the 4th Amendment to the Constitution, they can’t search your phone to prove that you were texting without having your permission or a warrant.

Penalties for Violating the Cell Phone Law in Florida

The violation of Florida’s cell phone law entails a fine of $30 in addition to court costs and fees. Because the first offense is considered a non-moving traffic violation, you will not be assessed points against your driver’s license. 

Second offense

If you’re cited with a second violation within five years after the first one, the offense becomes a moving violation. You will have to pay a $60 fine and any additional court costs and fees. You will also get a three-point assessment against your driver’s license. 

Violating the cell phone law in a school or work zone

For any offense where you violate the cell phone law in a school or work zone, you will receive a fine for moving traffic violation and three points against your license. You will have to pay $60 plus court costs and other fees.

Can I have points removed from my license?

If this is your first-time offense, you can complete a driving safety program to have your points and fees removed. Your case may also be dismissed if you show the court that you have purchased a hands-free device after the violation.

Exceptions to the Law

There are several circumstances in which texting while driving is allowed in Florida: 

• The cell phone law doesn’t apply to law enforcers, firefighters, or emergency vehicle drivers on duty. 
• You are allowed to use your phone if you need to report an emergency or criminal activity to the police.
• You can receive messages related to the operation or navigation of your vehicle, safety-related information, updates regarding weather, and other emergency alerts. 
• You are allowed to text and drive if you’re operating an autonomous vehicle in autonomous mode.

• Talking on the phone and driving is permitted as long as it doesn’t require manual text entry, except to activate or deactivate a function.
• You can make a phone call using a hands-free device, such as a Bluetooth speaker or wireless headphones, under the condition that you leave one ear uncovered.
• The cell phone law doesn’t apply to a stationary motor vehicle. This means that you can legally text, send emails, and make calls while you’re stuck in a traffic jam or while you’re waiting for a red light. However, if you are still using your phone when you begin to drive, you are violating the law and can get a ticket.

Using Headphones, Earphones, and Headsets While Driving in Florida

Using headphones, earphones, or headsets while driving can create additional dangers on the roadways. Statute 316.304 of Florida law, entitled “Wearing of Headsets” states that:

“No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing.”

Some exceptions

The statute outlines a few exceptions, including:

• Law enforcement officers and emergency vehicle operators acting within their duties are allowed to use headphones, earphones, and headsets.
• Motorcyclists can use a headset installed in a helmet if the speakers are not making direct contact with the ears, so that it is possible to hear the surroundings.
• It is legal to use headphones, earphones, and headsets if they provide sound through one ear and allow surrounding sounds to be heard with the other ear.

Read on to find out how you can contest your texting and driving traffic ticket in court. 

Contesting Your Ticket in Court

Because texting while driving is considered a noncriminal traffic violation, you can contest your ticket in court. If you win, you won’t be required to pay the fine and you won’t have any points added to your license. 

To increase your chances of winning, you should seek the services of an attorney in Florida who will represent you in court. The Winit app is the simplest way to find a qualified traffic attorney. After assessing your case, the attorney will help you understand what you can be charged with and what defense options you have. 

The process is simple—all you need to do is download a photo of your traffic ticket and submit any evidence right in the app. Our team will get back to you with a free quote within the next 48 hours. We will then handle every aspect of your dispute. 

Your traffic ticket is covered by our risk-free guarantee. That means that we won’t charge you unless we win your case. If you’d like to know how we may be able to help, give us a call today at (646) 859-0828.