Recognizing the threat of distracted driving, Florida has enacted specific statutes addressing this issue. Understanding Florida laws about texting while driving is essential for every driver in the state.

Statute § 316.305 — “Florida Ban on Texting While Driving”

Effective July 1, 2019, statute 316.305 makes it illegal for drivers to manually type or enter multiple characters into a wireless communications device, or read data for non-voice interpersonal communication, while operating a motor vehicle. It states the intent of the legislature is to improve roadway safety and authorize law-enforcement stops for violations.

Key provisions include:

  • A wireless communications device includes any handheld device capable of transmitting or receiving text or data, such as smart phones, tablets, laptops, or gaming consoles.
  • The prohibition applies only when the vehicle is in motion. A vehicle that is stationary is not considered being “operated.”
  • There are several exceptions, including for emergency vehicle operators, reporting emergencies, navigation systems, voice-activated device use, and autonomous vehicles.
  • Enforcement is primarily secondary under this section, meaning law-enforcement may issue a citation for texting while driving only if the driver has been pulled over for another violation. However, improvements in later statutes are affecting this.

Statute § 316.306 — School & Work Zone Restrictions

Effective October 1, 2019, with enhanced enforcement beginning January 1, 2020, statute 306.306 prohibits any use of a handheld wireless communications device while operating a motor vehicle through a designated school cross-walk, school zone, or active work zone, (when personnel or equipment are present).

Under this statute:

  • A driver may be stopped and cited solely for using a handheld device in these zones — even without any other moving violation.
  • Any violation is a moving traffic violation, subject to fines and three (3) license points.

Penalties

Under Florida’s laws about texting while driving:

  • First offense (under § 316.305): non-moving violation, base fine ~$30 (plus court costs), no points on license.
  • Second offense (within five years): moving violation, base fine ~$60 (plus court costs), and 3 points on driver’s license.
  • Under § 316.306 (school or work zones with handheld device use): Any offense is moving violation, fine ~$60 (plus court costs) and 3 points.

Why These Laws Matter And Why Just Knowing Isn’t Enough

The act of texting while driving isn’t just about glancing down at a screen, it introduces multiple layers of distraction simultaneously:

  • Manual distraction: One or both hands leave the wheel to hold the phone and type.
  • Visual distraction: Eyes are diverted from the road to view a screen.
  • Cognitive distraction: The driver’s thinking shifts from driving to reading or composing a message.

Studies show that responding to a text message takes about five seconds on average. If you’re driving at 55 mph, that’s enough time to travel the length of an entire football field, blind. Compared to non-texting drivers, those who text while driving spend 400% more time with their eyes off the road. Further, texting behind the wheel is responsible for about one-quarter of all car crashes, (roughly 1 in 4 in the U.S.). It’s been shown that a driver texting is six times more likely to crash than one driving drunk; the United States Department of Transportation reports a texting driver’s risk of crash or near-crash is elevated by 23 times.

Teen drivers are particularly vulnerable. The AAA Foundation for Traffic Safety estimates that 58% of teen car crashes involve distracted driving. A poll found that although 94% of teens know texting while driving is dangerous, 35% confess to doing it anyway. In 2016, for example, 263 teens aged 15–19 died in crashes caused by distracted driving, accounting for 10% of all teen crash fatalities that year.

The message is simple: texting while driving is not only risky, it’s illegal in Florida, and the statutes address both general texting and handheld device use in critical zones. By focusing on driving and staying phone-free behind the wheel, you protect not only your own safety but also the well-being of everyone you are sharing the road with.

I you or a loved one is the victim of a distracted driver, speak with the personal injury attorneys at McGRATH GIBSON LAW. The consultation is free and if you ask us to represent you, there are no out-of-pockets costs to you. We don’t get paid until you get paid.