In Florida, distracted driving is not just dangerous; it is illegal. Understanding the state’s laws, how they are enforced, and what penalties apply is essential for every driver. This blog will break down Florida’s distracted-driving statutes, enforcement rules, penalties, and safety campaigns.
What Constitutes Distracted Driving in Florida
According to FLHSMV, distracted driving occurs when a driver’s hands, eyes, or mind are diverted from driving tasks such as handling a cell phone, adjusting navigation, eating, or adjusting the radio. These distractions contribute significantly to crashes, especially among teens who bear the highest crash rates in the state and cause serious injuries or fatalities. Florida promotes awareness around this through annual campaigns like Distracted Driving Awareness Month during April, where statistics show that nearly one in seven crashes involve a distracted driver. A crash occurs approximately every 44 seconds in Florida, using data from FLHSMV and FHP partnerships.
FLHSMV categorizes distracted driving as a “triple threat”: visual, manual, and cognitive distractions. As a passenger, you’re encouraged to intervene if someone is distracted, offering to help with navigation or sending a text for them.
Key Florida Statutes: § 316.305 and § 316.306
§ 316.305 – Wireless Communications While Driving
- Effective July 1, 2019, this law prohibits drivers from manually typing or entering multiple letters, numbers, symbols, or data into a wireless communications device while driving. This includes texting, emailing, instant messaging, or social media. Law enforcement may stop and issue a citation solely for this offense (primary enforcement).
§ 316.306 – Handheld Device Use in School or Work Zones
- As of October 1, 2019, and fully enforced with citations beginning January 1, 2020, this statute bans any handheld wireless device use in designated school crossings, school zones, or active work zones. Drivers must use hands-free methods in these areas.
Enforcement History: Transition to a Primary Offense
Before 2019, texting while driving in Florida was a secondary offense, meaning drivers could only be cited if pulled over for another violation. The adoption of Florida Statutes § 316.305 changed this to a primary offense, empowering law enforcement to pull drivers over solely for texting, boosting enforcement effectiveness.
Penalties for Violations
Texting While Driving (§ 316.305)
- First offense: Non-moving violation, $30 fine (plus court costs, no points on license).
- Second offense (within five years): Moving violation, $60 fine, three license points.
Handheld Device Use in School or Work Zones (§ 316.306)
- Any offense: Moving violation, $60 fine, three license points.
Additional consequences may arise if distracted driving results in a crash, including crash-related reckless driving charges or more points under Florida’s point system.
Exceptions and Clarifications
- The law does not apply when the vehicle is stationary, for example, at a complete stop, or parked. Vehicular activity in motion is the key trigger.
- Section § 316.305 does not universally prohibit phone calls while driving. Talking on the phone is permitted, but only hands-free when in school or work zones under § 316.306. However, texting, emailing, or reading data is always prohibited while the vehicle is in motion.
Why Florida Enacted These Laws
Florida’s leadership recognized the devastating effects of smartphone distractions on crash statistics. FLHSMV campaigns such as “Put It Down: Focus on Driving,” initiated in April of multiple years (including 2025), emphasize keeping attention on the road. These campaigns aim to reinforce the legal restrictions through public education. FL Highway Safety+5FL Highway Safety+5FL Highway Safety+5
In 2025, FLHSMV reported 53,596 distracted-driving crashes, resulting in 268 fatalities—still high, though down from an eight-year peak the year prior. This remains a significant safety concern.
Driver Safety Tips and Best Practices
- Distraction is never worth it. Even a glance at a phone can take your eyes, hands, or mind off the road.
- Use hands-free technology only when you must, via Bluetooth or voice-activated devices.
- Set your GPS before driving and avoid adjusting music or navigation once underway.
- If you’re a passenger and notice the driver is distracted, offer to help. FLHSMV encourages passengers to speak up to prevent danger.
Teen Drivers and Graduated Licensing
Florida teens face heightened risks, as they are the most crash-prone group. FLHSMV includes distracted driving education in teen safety programs and the Teen Driver Challenge, sponsored by the Florida Sheriffs Association. These programs deliver in-person training to reduce crash risk through instruction on distraction avoidance and safe practices.
Looking Ahead: Proposed Hands-Free Law
Legislators have proposed a hands-free driving law (HB 501/SB drafts) that would prohibit holding or manually interacting with a mobile device while driving except for quick taps (e.g., to answer or end a call). This would further strengthen enforcement and close loopholes. If enacted, a violation would become a primary offense.
Advocates argue that the additional enforcement authority will save lives by reducing all forms of handheld phone use, not just texting.
Key Information to Take Away
Stay hands, eyes, and mind on the road. Since July 1, 2019, Florida law has made texting, emailing, and data reading while driving a primary offense
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Since January 1, 2020, drivers must use devices hands-free in school and work zones; handheld use is prohibited as a moving violation under § 316.306.
Penalties: The first texting offense is a $30 fine with no points; the second is a $60 fine with three points. Any handheld use in protected zones is a $60 fine and three points per offense.
Florida continues public awareness efforts to combat distracted driving, which causes thousands of crashes annually, roughly one in seven statewide.
Involved in a Distracted Driving Incident? Attorney Alison M. Lopes Can Help
Distracted driving is a primary offense in Florida, meaning law enforcement can pull you over solely for this violation. A citation can result in fines, points on your license, and even a loss of driving privileges.
If you have been cited or charged, do not face it alone. Attorney Alison M. Lopes has the experience and knowledge to help you protect your license and freedom.Call our office today at 407-442-2724 to schedule a one-hour consultation and get the legal support you deserve.