Most of you may have heard about Florida enacting a law regarding “Texting While Driving,” but you may not fully understand the extent of it. Florida Statute 316.305, also known as “Florida’s Ban on Texting While Driving Law,” outlines what constitutes texting while driving, the legislature’s purpose for enacting the law, as well as exceptions, violations, and punishments. Below, I’ll explain the statute in plain language.

Florida’s Ban on Texting While Driving Law took effect on July 1, 2019. The law authorizes law enforcement officers to stop motor vehicles and issue citations for violations. Under the statute, a person may not operate a motor vehicle while typing, entering characters, reading, or sending data on a handheld device for non-voice interpersonal communication. Examples of such communication include texting, emailing, and instant messaging.

If the vehicle is stationary (not moving), the law does not apply. Additionally, the statute provides exemptions for those performing official duties (such as emergency personnel), individuals reporting an emergency or criminal activity to law enforcement, or those receiving messages related to vehicle navigation, safety information (like traffic and weather alerts), radio broadcasting, or using the device for navigation purposes.

If stopped for a violation of this statute, the law requires law enforcement officers to inform you of your right to decline a search of your device. Officers cannot access your device without a warrant, confiscate it while waiting for a warrant, or obtain consent through coercion or improper methods. Consent must always be voluntary.

Violations are treated as follows:

• First violation: A non-moving, noncriminal traffic infraction.

• Second or subsequent violation within five years: A moving, noncriminal traffic infraction. Unlike a non-moving violation, a moving violation carries points on your license and a higher fine.

If you have been issued a citation for Texting While Driving, we can help. Call us now for a free consultation!