Florida Amends Ban on Texting While Driving Law
It should come as no surprise that studies have routinely shown that texting, which simultaneously involves multiple cognitive functions, is among the worst of all distractions for drivers. According to Florida’s Governor, in 2016, Florida had nearly 50,000 accidents caused by distracted driving, which resulted in 233 deaths. In May 2019, Florida’s Governor signed an amendment into law that makes it a primary offense to text while driving, meaning violators can be pulled over and cited by police. See Berg, Hang Up and Drive: Florida Amends, Toughens Texting-While-Driving Law, 31 No. 4 Fla. Emp. L. Letter 1 (June 2019).
While texting and driving was already a secondary offense under the Florida Ban on Texting While Driving Law, drivers could only be cited if they were pulled over for another traffic violation. See Fla. Stat. § 316.305. Although the new law took effect on July 1, 2019, police officers will only be issuing warnings until January 1, 2020. When police officers can begin writing citations in January 2020, violations carry fines of approximately $30 plus fees and court costs that can raise the total to more than $100.
First offenses will also result in three points on the offender’s driving record. While the fine itself might not scare off many Floridians, car insurance companies will be taking notice, and violators can expect increases to their insurance premiums. It has been estimated that a Florida driver’s first ticket for violating the ban on texting while driving could boost their insurance rate by 25%, or $509, every year for three years.
The Florida Ban on Texting While Driving Law
According to the Florida Ban on Texting While Driving Law, which was enacted in 2013, a person many 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 a wireless communications device for the purpose of “nonvoice” interpersonal communication. See Fla. Stat. § 316.305(3)(a).
“Nonvoice interpersonal communications” include texting, e-mailing, and instant messaging. See Fla. Stat. § 316.305(3)(a). The term “wireless communications device” means any handheld device used or capable of being used in a manner that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internet or any communications service and allow text communications. Id.
Amendments to the Florida Ban on Texting While Driving Law
The new law amends the existing Florida Ban on Texting While Driving Law to allow police officers to stop motorists simply for texting and to issue traffic tickets to violators. Interestingly it also requires law enforcement officers who stop a motor vehicle to inform the driver of her right to decline a search of her wireless communications device and prohibits officers from accessing the device without a warrant. Therefore, if a driver is pulled over and the officer asks to see the driver’s cell phone, she can, and should, decline.
The amendment specifies that a driver may not use a handheld wireless communication device in a designated school crossing, school zone, or work zone area where construction personnel are present or operating equipment on the road or immediately adjacent to the work zone area.
According to the amendment, a motor vehicle that is stationary is not subject to the texting prohibition. Therefore, legally, drivers can still text at a red light. The prohibition on texting also does not apply if a driver is:
- Reporting an emergency or criminal or suspicious activity to law enforcement authorities;
- Receiving messages related to the operation or navigation of the vehicle or vehicle safety, including emergency, traffic, or weather alerts, receiving data used primarily by the motor vehicle, or listening to radio broadcasts;
- Using a device or system for navigation purposes (i.e., drivers can still use GPS programs such as Google Maps);
- Conducting wireless interpersonal communication that doesn’t require the manual entry of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a feature or function;
- Conducting wireless interpersonal communications that don’t require reading text messages, except to deactivate or initiate a feature or function; and
- Operating an autonomous vehicle.
See Fla. Stat. § 316.305(3)(b)(1)–(7).