Florida’s laws make texting and driving illegal. The state has a law regarding using hand-held devices while driving. Using a phone or other electronic device to type while driving is prohibited. This includes text messaging. The law aims to reduce accidents due to distracted driving.
Texting and Driving Laws in Florida
According to Florida Statute 316.305, texting while driving is banned. This is to keep roads safer by reducing distracted driving accidents. Florida has guidelines on primary offenses under this law.
Primary Offense in Florida
In Florida, texting while driving is considered a primary offense. The law bans hand-held phones and other devices for texting, emailing, messaging and other typed communication methods.
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Definition of Distracted Driving in Florida
Distracted driving is any activity that shifts a driver’s attention from the road. Things that cause the mind, hands or eyes – or all three – to be diverted from driving are considered dangerous because they increase the risk of an accident.
Definition of Wireless Communication Devices Covered by the Law in Florida
According to Florida Statute 316.306, wireless devices include cell phones, tablets, laptops, two-way messaging devices and handheld games. Drivers cannot use these devices for texting, emailing or messaging behind the wheel.
Liability and Legal Consequences in Florida
Liability and legal consequences exist for violating the law. This includes civil liability for accidents caused by texting and driving and potential criminal charges in severe cases.
Civil Liability for Accidents Caused by Texting and Driving
Individuals who cause accidents by texting and driving can be held civilly liable. The victim can file a lawsuit if they suffer severe or permanent injuries.
Potential Criminal Charges in Severe Cases
If a driver causes a crash resulting in severe bodily injury or death due to texting, they can face criminal charges. Depending on the circumstances, this can include reckless driving or vehicular manslaughter.
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Penalties for Violation in Florida
Different penalties exist for violations of Florida’s law. They include first offense, second offense, enhanced penalties and points on driver’s license.
First Offense
First offense penalties are a $30 fine and court fees. This is considered the primary offense.
Second Offense
A second offense for texting and driving is more serious. Penalties are a $60 fine, court fees and 3 license points.
Enhanced Penalties
You can receive enhanced penalties if your prior offense occurred in a school or construction zone. You get even points against your license.
Points on Driver’s License
Second offenses include 3 license points. You can face additional points for texting and driving in a school or construction zone.
Other Consequences
Beyond penalties, there are consequences of texting and driving. They include increased insurance rates, potential civil liabilities for an accident and impacts on employment for certain professions that require a clean driving record.
Increased Insurance Rates
Multiple violations can result in higher insurance rates. This can be financially burdensome, and some may struggle to keep their coverage.
Potential Civil Liabilities if the Violation Results in an Accident
A violation resulting in an accident carries other potential civil liabilities. The victim can file a claim for compensation if they suffer injuries.
Impact on Employment for Certain Professions That Require a Clean Driving Record
Certain professions require a clean driving record, but violating the texting and driving law can impact your job. For example, a trucker’s commercial driver’s license (CDL) can be revoked.
Enforcement of Texting and Driving Laws
There’s a process for enforcing texting and driving laws. Police officers have a specific role in doing this.
Role of Police Officers
Police can act if there’s reasonable suspicion a driver is texting behind the wheel. They can pull them over and issue a citation.
Exceptions to the Texting and Driving Law in Florida
There are exceptions to Florida’s texting and driving law. They include permitted uses while driving and emergency situations.
Permitted Uses While Driving
Despite the law, permitted uses for hand-held phones and other devices exist. Unless you’re in a school or construction zone, you can access GPS, make calls and check emergency messages while driving.
Emergency Situations
According to Florida Statute 316.306, law enforcement officers, medical personnel and fire service workers are exempt from the texting and driving law. These professionals can text while on duty.
Statistics on Distracted Driving Accidents
The National Highway Traffic Safety Administration (NHTSA) reported that over 3,300 people were killed in recent years in distracted driving accidents. Around 8% of those crashes occurred due to cell phone use, including texting.
Impact of Texting While Driving on Road Safety
Texting while driving significantly impacts road safety. The NHTSA reports around 400 fatal crashes occur annually as a result. Even 5 seconds of distraction behind the wheel can have deadly consequences.
Frequently Asked Questions
Can You Talk on a Cell Phone While Driving in Florida?
You can talk on the phone in Florida while driving. It’s only illegal to text behind the wheel.
Can You Text While at a Red Light in Florida?
You can text behind the wheel at a red light. When the light changes, you must put down your phone.
What Is the Law 316.305 in Florida?
Statute 316.305 is the “Florida Ban on Texting While Driving Law.” Its purpose is to reduce accidents caused by texting and driving.
What Is the New Cell Phone Law in Florida?
The new cell phone law requires drivers to put down their phones and avoid texting. It emphasizes concentrating on driving safely.
How Much Is a Texting Ticket in Florida?
A primary offense texting ticket is $30.
What Is the Second Offense for Texting While Driving in Florida?
A second offense for texting while driving carries a $60 fine, court fees and 3 license points.
Can You Get Pulled Over for Talking on the Phone in Florida?
No. Talking on the phone while driving is legal in Florida.
What Is the 90.608 Rule in Florida?
According to Florida Statute 90.608, this rule relates to who may impeach. It implies bias when witness statements and testimony are contradictory.
What Is the 83.52 Law in Florida?
The 83.52 law means tenants must comply with all building, housing and health codes.
What Is the 723.061 Law in Florida?
According to Florida Statute 723.061, mobile home park owners can evict tenants if they change their use of the land by compromising the mobile home park.
Florida Hands-Free Law
Florida’s hands-free law took effect in July 2019 and prohibits texting and driving to reduce accidents.
Is Texting and Driving in Florida a First or Secondary Offense?
Texting while driving is a primary offense in Florida. Penalties are harsher for a second offense.
Why Is Texting and Driving a Primary Offense?
Texting and driving is a primary offense so police can take action to keep everyone safer by preventing accidents.
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We specialize in personal injury claims.
