Cell phone law can vary from state to state, and to make things more complicated they are changing and evolving all the time. If you are visiting Florida this winter – or area resident wondering about the legality of using your phone while driving, here are the specifics you need to know.
The new Florida cell phone law was signed by Governor DeSantis on May of 2019, and took effect on July 1, 2019. The law was revised to help to combat distracted driving and improve overall road safety.
Specifics of the 2019 Cell Phone Law
The new cell phone law reads as follows. It is considered a primary offense for a person to “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 nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, emailing, and instant messaging.”
In other words, texting while driving is illegal in Florida, as it is in most states. While the 2013 law which was replaced also outlawed texting and driving, it was classified as a secondary offense. This means that a police officer could not pull you over for texting and driving – but if they pulled you over for a primary offense, such as running a stop sign, they could also write a citation for the secondary offense of texting while driving.
The new law makes it legal for law enforcement officers to pull motorists over who are texting while driving as a primary violation, without any other moving violation. Florida is the 45th state to make texting while driving a primary offense.
Did You Know? Montana is the only state with no cell phone law or restrictions on the books.
Usage of Cell Phone for Talking
Drivers are still allowed to speak on a cell phone while driving, however hands-free devices must be used when driving in certain designated areas, including school zones and crossing, work zones, and construction zones. So while you are allowed to make a call using a handheld device while driving down the highway, you must hang up if you enter a work zone in order to ensure the safety of those outside the vehicle.
There are exceptions to the law, such as if you are reporting criminal activity to law enforcement, or there is an emergency situation.
Why the Changes?
The legislation was designed to strengthen the current law, with the ultimate goal of reducing traffic accidents and saving lives. Distracted driving is responsible for approximately 50,000 accidents per year. In 2018, Florida experienced a 6% increase in fatalities on its roads, spurring the change to the law.
Law enforcement officials must be able to see you texting and driving, a nd cannot ask to see your cell phone without a warrant (which they are unlikely to have during a traffic stop.). Also, it is not considered a violation if you are texting in a stationary vehicle. Therefore, if you are at a stop sign or red light, there is no violation. Still, it is best to keep your phone stowed and to remain alert – there are always moving cars around you.
Penalties for Violating the 2019 Florida Cell Phone Law
- The penalty for a violation of cell phone law is a three-point assessment against your driver’s license. A first-time offender can choose to complete a driving safety program to have the points and fees waived. Cases may also be dismissed if first-time offenders show the courts that they have purchased a hands-free device after the violation.
- The violation carries a base fine of $30 plus court costs and fees for a first violation. If you’re cited with a second violation within five years after that, it’s a moving violation. In that case, your base fine is $60 plus court costs and fees.
If you believe you have been issued a traffic violation unfairly, especially if has caused you lose your license – it may be best to call an attorney to determine if you have any recourse. Probinsky & Cole are proud to help Sarasota, Bradenton and Tampa drivers with all types of traffic accidents and violations. Call us today.
