Florida Law Makes Texting While Driving a Primary Offense

The bill signed by Governor DeSantis made texting while driving a primary offense, thereby allowing law enforcement officers to pull motorists over and issue a citation solely for texting (including messaging, emailing, and other forms of typing on a mobile device) behind the wheel.  That means officers may now stop you solely on suspicion of texting while driving.  Texting while driving had previously been a secondary offense, meaning officers were only able to cite drivers after they pulled them over for another primary offense, such as a moving violation.

In addition to prohibiting texting by all drivers as a primary offense, the law also bans the use of handheld wireless communication devices in designated school crossing or school zone or a roadwork zone, except for emergencies hands-free uses remain legal. 

Under the law, a first texting offense will be punishable by a $30 fine and court fees. A second offense carries a $60 fine, court costs and related fees, and three points on a driver’s license. A first offense involving texting in school or construction zones also carries additional license points. First offenders can purchase hands-free Bluetooth devices, show proof of purchase, and complete a “Driver Safety Education” course in order to avoid fines and license penalties.

Florida’s law bans text messaging while a vehicle is moving, but permits the use of cell phones and other similar handheld electronic devices (except in school and construction zones) for limited purposes. Drivers are still permitted to use phones and devices for Maps / GPS navigation, making phones calls, and reading emergency messages, such as weather alerts.