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Posted 03/24/2024 in Personal Injury by Erik Abrahamson

Texting and Driving Laws in Florida


Texting and Driving Laws in Florida

49 US states, including Florida, have implemented laws surrounding texting and driving. Despite widespread awareness of these regulations, many individuals in places like Riverview, FL either disregard these laws or remain unaware of the legal implications. Texting while driving poses a significant risk to everyone on the road, and increases the likelihood of car accidents and fatalities. Texting and driving restrictions are intended to curb these dangerous consequences by promoting safer driving practices. However, without strict adherence and comprehension of these laws, individuals continue to text and drive on the roadways. Therefore, it is imperative for Riverview drivers to not only fully understand texting and driving regulations, but also understand the critical importance of adhering to them for the safety of all.

Drivers seeking clarity on texting and driving regulations, can research the laws online. This method allows easy access to accurate and up-to-date information on state regulated websites. Looking up the Florida texting and driving statutes regarding specific regulations governing distracted driving, including those in Riverview, Florida, will provide a good amount of information. However, contacting a reputable Riverview car accident attorney can offer invaluable insights into both the legal framework concerning texting while driving as well as the potential ramifications of violating these laws. These legal professionals possess in-depth knowledge of local statutes and can provide information on the legal ramifications involved with being caught texting and driving. 


Florida Statute Section 316.305 Bans Texting & Driving

Texting and driving is expressly prohibited by Section 316.305 of the Florida Statutes. This law gives law enforcement officers the power to pull over motor vehicles and issue citations to drivers caught texting while operating their vehicles. Specifically, the texting and driving statue stipulates that individuals are prohibited from manually typing or entering multiple letters, numbers, or symbols into a wireless communication device for texting, emailing, or instant messaging purposes while operating a vehicle. 


Section 316.306 of the Florida Statutes can also be likened to the texting and driving law as it extends it’s prohibition to the use of wireless communications devices in a handheld manner within designated: 

  • School crossings

  • School zones

  • Active work zone areas 


An active work zone is defined as an area where construction personnel are present or operating construction related equipment either on the road or immediately next to the work zone. 


These texting and driving statutes aim to enhance road safety by deterring distracted driving behaviors and reducing the risk of accidents caused by the use of electronic devices while operating a vehicle. Understanding and adhering to these regulations is crucial for all motorists to ensure everyone’s safety on Riverview, FL roads. If you have questions about these laws or their legal implications, consulting a Riverview car accident attorney can provide invaluable guidance and assistance.


Penalties For Texting While Driving In Florida 

The legal penalties for texting and driving are outlined in Section 316.305 of the Florida Statutes, and pertains to all cities in Florida, including Riverview. These penalties are dependent upon how many previous texting and driving offenses the driver has previously had. Penalties for texting and driving are as follows:

  1. 1st Offense - For a first offense, texting while driving is considered a non-moving traffic violation, resulting in a fine of $30, plus additional court fees. A first time offense does not include points against the driver's license. 

  2. 2nd Offense - A second texting while driving offense within five years is still considered a moving traffic violation, carrying a fine of $60. This is also coupled with potential court costs and other fees, and 3 points against the driver's license. 

  3. Violations In Safety Zones - Texting while driving violations related to using a device hands-free in designated school zones and work zones, as governed by Section 316.306 of the Florida Statutes, are a moving traffic violation. This is accompanied by a base fine of $60, plus court costs and other fees, as well as 3 points added to the driver's license. 


These penalties, while they may not seem serious, highlight Florida’s dedication to addressing distracted driving. Their main goal is aimed at deterring texting and driving to promote safer roads for all motorists and pedestrians. It's crucial for drivers in Riverview and across Florida to follow these regulations to avoid legal consequences and ensure public safety.


Exceptions To Texting While Driving Laws In Florida

While Florida's texting and driving laws prohibit the use of electronic devices for texting while operating a motor vehicle, there are certain exceptions to the regulations. These exceptions provide specific circumstances under which drivers may use their cellular devices legally while driving on Florida roadways

Exceptions to the texting and driving laws, as well as using a cellular device while driving, as outlined in section 316.305 of the Florida Statutes, include:

  • Stationary Motor Vehicle - The law does not apply to a motor vehicle that is stationary and not in operation. This includes while stopped at a red light. 

  • Official Duties - Operators of authorized emergency vehicles are exempt while performing official duties. This can include: 

    • Law enforcement

    • Fire department

    • Emergency medical services professionals

  • Reporting Emergencies - Drivers are exempt from texting and driving or using their cellular devices while driving laws when reporting emergencies, as well as criminal or suspicious activities to authorities.

  • Receiving Messages - Exceptions apply to receiving messages related to: 

    • The operation or navigation of the vehicle

    • Safety-related information

    • Data primarily used by the vehicle

    • Radio broadcasts.

  • Navigation Purposes - Using a device or system for navigation purposes is permitted.

  • Wireless Interpersonal Communication - Conducting wireless interpersonal communication that does not involve the manual entry of multiple letters, numbers, or symbols is allowed while driving. This does not include: 

    • Activating

    • Deactivating

    • Initiating a feature or function

  • Reading Text Messages - Drivers are exempt from Florida distracted driving laws when conducting wireless communication that does not involve reading text messages. An exception is included for:

    • Activating;

    • Deactivating; 

    • Or initiating a feature or function

  • Autonomous Vehicle - Operating a self-driving car in autonomous mode is exempt from the texting and driving law.


Why Is Texting And Driving Dangerous?

Texting and driving is considered a dangerous form of distracted driving that poses significant risks to everyone on the road. Distracted driving involves any activity that diverts the driver's attention away from concentrating on the roadway, and texting while behind the wheel is a prime example. Not only is it illegal in many states, including Florida, but it also significantly increases the likelihood of a motor vehicle crash, and serious injury. Each day in the United States, nine individuals are killed in car accidents involving distracted driving, which includes texting and driving, as reported by the CDC.


The consequences of distracted driving, particularly through texting, can have serious consequences that often result in serious accidents and fatalities. Distracted driving car accidents in Florida included 268 fatalities in 2022, according to FLHSMV data. With a staggering total of 53,596 distracted driving crashes reported in the state in 2022, this averages out to approximately 1,116 accidents per week. Alarmingly, 2,574 of these car accidents led to severe injuries requiring emergency medical attention. These statistics highlight the seriousness of texting and driving as well as other distracted driving practices. Refraining from participating in any activity that diverts attention away from driving is the key to lowering these harsh numbers, and saving lives. 


Individuals aged 20-24 experienced the highest accident rate, with 16,997 distracted driving car accidents recorded in Florida in 2022. These statistics underscore the urgent need for drivers to recognize the serious consequences of texting and driving, emphasizing that no text message is worth risking the lives of anyone on the road.


What To Do If You Need To Respond To A Text or Email While Driving

To ensure the safety of everyone on the road, it's crucial to prioritize attention to driving whenever operating a vehicle that is in motion. Texting while driving puts everyone on the road at risk and should be avoided at all costs. There are several ways to prevent distractions and promote safer driving habits, including, 

  • Before hitting the road, take the time to respond to any text messages you have, set up navigation in your vehicle, and adjust all controls. 

  • If a text message requires your immediate attention, the safest thing to do is to:

    • Pull over to the safest place you can find

    • Park  your car

    • Respond to the text message 

  • If you find that your phone is too distracting, turning it off or placing it out of your reach while driving is the best way to stay safe while the vehicle is in motion. Remember, the focus should always be on the road. 

  • If you're a passenger in a vehicle, and you notice the driver is becoming distracted, speak up to remind the driver how unsafe their actions are. You may offer alternatives like offering assistance with managing the phone or handling the GPS directions. Doing so helps to ensure a safer journey for everyone. 


By collectively raising awareness and utilizing these practices, we can all contribute to ending various forms of distracted driving, including texting while driving, and save lives while doing so.






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