If you are texting while driving, Florida’s Wireless Communications While Driving Law authorizes law enforcement officers to stop you and issue you a citation. The law, covered in Florida Statute § 316.305, took effect July 1, 2019. But WHAT IS NEW? Before the new ban, texting while driving was only a secondary traffic offense, so police officers could not pull a driver over solely for texting while driving. Now it became a primary offense. But what else? What should I know?[INSERT ACCORDION CODE!!!!]WHAT IS THE LAWUnder Florida Statutes section 316.305: “A person may not operate a motor vehicle while 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 non-voice interpersonal communication, including, but not limited to, communication methods known as texting, emailing, and instant messaging.”ARE THERE ANY EXCLUSIONS

It is okay to text if you are stopped at a stop sign, but what else is an exception?

  • Emergency vehicles, such as police officers, firefighters, or emergency medical services professionals.

  • Someone who is calling law enforcement to report an emergency or criminal activity.

  • Individuals who are receiving texts related to safety such as weather alerts, radio broadcasts, or navigation instructions.

  • Drivers who are communicating in a way that does not require that they enter multiple characters.

  • People who are using their devices in ways that do not require reading text messages.

  • Individuals who are operating an autonomous motor vehicle.


The police officer must inform you of your right to refuse a search of your wireless communications device. The officer is not authorized to access your device or confiscate it without a warrant.

The one exception to this rule is if a crash results in death or injury. If that happens, a motorist’s cellphone billing records will be considered admissible evidence.

DOES VOICE TEXTING COUNT?Voice texting is allowed at all times, including in school and work zones. The goal of the law is to get people to put their phones down.IF I DO GET A TICKET, HOW MUCH IS IT GOING TO COST ME?

Tickets issued for a first offense carry a $30 fine plus court costs, which could reach more than $100. The fine jumps to $60 for a second violation within five years.

Texting in a school or work zone will be a moving violation with three points on a driving record, plus a $60 fine.

IS HOLDING MY PHONE WHILE DRIVING A CRIME NO MATTER WHAT?It depends on where you are. Work zones and school zones are hands-free areas, which means cell phones, tablets, and gaming systems are off-limits.WHAT ARE MY RIGHTS IF I WAS INJURED BY SOMEONE TEXTING WHILE DRIVING?

If you have been injured in a motor vehicle collision caused by a person who was texting while driving, you deserve compensation for your damages. Fischetti Law Group is ready to provide the most complete legal care you deserve.

Call our Boynton Beach Office at 561-810-8448 for a free case review and legal consultation.

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