Most of you may have heard about Florida enacting some form of law regarding “Texting While Driving,” however, you may not understand the extent of the law. Florida Statute 316.305 is considered “Florida’s Ban on Texting While Driving Law.” This statute lays out what it means to text while driving, the legislature’s intent/purpose for enacting this law, exceptions, and violations and punishments. I will explore this Statute and attempt to explain relevant portions of its contents in common sense terms.

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 violation of the law. According to the Statute, a person may not operate a motor vehicle while typing or entering characters or reading or sending data into a handheld device for nonvoice interpersonal communications. The Statute then provides examples of nonvoice interpersonal communications to include texting, emailing, and instant messaging. Under the Statute, if the motor vehicle is stationary, i.e. not moving, then you are not subject to the prohibitions provided under this law for texting while driving. This law does not apply to a person operating a motor vehicle who is performing official duties, such as emergency personnel, a person reporting an emergency or criminal activity to law enforcement, receiving messages related to navigation of the motor vehicle, safety-related information (traffic and weather alerts), radio broadcasting, using the device for navigation purposes, among others.

If you are stopped by a law enforcement officer for violation of this statute, the Florida Statute provides that the law enforcement officer must inform you of your right to decline a search of your device and may not access this device without a warrant. The law enforcement officer may not confiscate the device while awaiting the issuance of a warrant or obtain consent to search the device through coercion or other improper methods. Consent to search this device must be voluntary. 

If you are stopped by a law enforcement officer for a violation of this statute, you may be cited for a nonmoving, noncriminal traffic infraction. If this is your second or subsequent violation within 5 years after the date of a prior conviction, you may be cited for a moving, noncriminal traffic infraction. Unlike a nonmoving traffic infraction, a moving violation carries points and a higher fine. 

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

Firm Overview

Gans Law offers a variety of services that range from criminal defense to suspended licenses. Here at Gans Law, we understand that sometimes good people find themselves dealing with complex legal matters.

Learn More

Case Results

Our Reviews

Serving all of central Florida









Resisting Arrest With and Without Violence in Florida

Whenever you encounter law enforcement and they go to arrest you, it is never a good idea to resist them as you can get into more trouble. If you resist arrest with violence, you’ll face even higher penalties.   Resisting Without Violence According to Florida Statute...

Florida Traffic Tickets and Your Driving Record

When you get pulled over for a moving violation, you may wonder what is going to happen to your driving record. Is it something that prospective employers can see? If you decide to fight a traffic ticket, either by taking it to court yourself or hiring an attorney,...

Why is being on probation more dangerous than you think?

When facing potential jail time, most defendants prefer to be placed on probation instead of going to jail. Probation comes with many stipulations that many defendants fail to consider. Before accepting an offer of probation, consider the following:  Florida Statute...

Misdemeanors and Felony Charges in Florida

Felonies and Misdemeanors differ in both the severity of the crime and of the penalties. Misdemeanors tend to be less severe crimes, so the punishments for these crimes tend to be lesser. The fines are relatively small, and you can only be held in jail for up to a...

What is the Penalty for First-Time DUI in Florida?

Driving Under the Influence (DUI), often referred to as “drunk driving,” is when a driver of a motor vehicle has a blood alcohol content (BAC) over the legal limit, or their normal faculties are impaired by drugs or alcohol.  A DUI conviction in Florida comes with...

What is Disorderly Conduct?

In Florida, disorderly conduct is any behavior that disrupts a public space. Some common examples include making excessively loud noise, drunk and disorderly behavior, and fighting in the street. Florida Statute 877.03 defines disorderly conduct as acts that are of a...

Can You Lose Your License for Leaving the Scene of an Accident?

Under Florida law, it is a criminal offense for leaving the scene of an accident. Florida Statute 316.061 states that leaving the scene of an accident, also known as a “hit and run,” occurs when the driver of the vehicle involved in a crash resulting in damage to...

New Florida Law: Playing Loud or Excessive Music

On July 1, 2022, a Florida law went into effect that prohibits excessive music and other sounds from being played inside the vehicle. According to Florida Statute 316.3045, it is unlawful for any person operating or occupying a motor vehicle on a street or highway to...

What’s the Difference Between Assault & Battery in Florida?

Although assault and battery offenses in Florida are similar and are discussed together, they are two distinct criminal offenses. In Florida, the main difference between assault and battery is the absence or presence of physical contact. Assault is a verbal or...

What are Ignition Interlock Devices?

An ignition interlock device (IID) is a car breathalyzer that prevents drivers from starting their car until they blow into the device. In Florida, these are required for certain driving under the influence (DUI) convictions.  An ignition interlock device is a proper...

News & Posts



Orlando, FL

711 N. Orlando Ave. Suite 302B, Maitland, FL 32751

Hours: By Appointment Only

Clearwater, FL

8200 Bryan Dairy Road Suite 340
Largo, FL 33777

Hours: By Appointment Only


Send Us a Message!

More Contact Info

// // "UPixel" code from roger@printingwarehouses.com //