Florida's Ban on Texting While Driving Law

Posted over 1 year ago. Applies to Florida, 1 helpful vote

Email

Effective October 1, 2013, Florida Statute 316.305 will allow law enforcement officers to ticket drivers for texting while driving. But what does texting while driving mean? 316.305 prohibits people from “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 nonvoice interpersonal communication, including, but not limited to communication methods known as texting, e-mailing, and instant messaging." However, “a motor vehicle that is stationary is not being operated." Thus, it appears you can still sit at the stop light and text, e-mail, and Facebook.

Florida was one of the last four states in the United States to enact such a law. The new law is considered a “secondary offense," meaning to be pulled over and detained for it, you must have committed a primary offense, such as speeding, running a stop sign, or not wearing your seatbelt. An officer cannot pull you over for only texting and driving. Penalties for being ticketed for texting and driving include a $30 fine for a first time offense. A second offense within five years will be considered a “moving violation" and will lead to an assessment of points on the violator’s driver’s license.

This guide is provided by Paul Knudsen, a Partner at Dyer Knudsen Law. A Tampa law firm representing residents of Hillsborough, Pinellas, Pasco, and Hernando in various areas of law, including auto accident, and traffic tickets.

Additional Resources

A rundown on the new texting while driving law in Florida.

Rate this guide

Related Topics

Traffic tickets

A traffic ticket is issued for moving or non-moving vehicle violations. Potential consequences include fines, license penalties, traffic school, or jail.

Kenneth Albert Vercammen

Careless Driving

39:4-97. A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty... more

Traffic court

In traffic court, serious traffic offenses are tried and traffic tickets are contested. Uncontested minor tickets may not require you to go to traffic court.

Gregory Maurice Wagner

Speeding infractions

What to look for in defending you speeding infraction. Citation Look at citaion to see if officer has indicated what type of speed measuring device was use to determine the speed of the... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,708 answers this week

3,551 attorneys answering