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New Law Allows Cops To Pull Over Texting Drivers
Historical article, updated September 30, 2026: Florida’s 2019 legislation changed texting enforcement and separately created handheld-device restrictions in designated zones.
You probably already know that texting while driving is illegal. What you may not know is that cops were not allowed to pull you over just for breaking this law… until now. Governor Ron DeSantis just signed a new law that gives law enforcement officials the authority to pull over drivers they suspect are texting and driving, even if the driver hasn’t done anything else wrong.
A Small But Significant Change
Since texting while driving is already illegal, many people are wondering why this change was needed. The short answer is — it wasn’t. Supporters of the legislation claim that it will make us all safer because people will not want to risk getting a ticket. But we all know that drivers who are tempted to check and send messages while operating a vehicle are not going to be persuaded to put down their phones so easily.
What the law will actually do is give police another pretext for pulling people over. We saw this when the law changed to allow the cops to pull over drivers not wearing a seatbelt, and we are going to see it again. People won’t drive safer, more people will just get pulled over.
This is a problem because statistics show our law enforcement officials target black individuals much more than they do white individuals. Lawmakers know this. You can tell because they put a provision in the new texting while driving law that requires police to note the race and ethnicity of each ticketed driver and to send that data to the Legislature. Unfortunately, a little bit of data collecting isn’t going to magically make Miami area police more reasonable and less biased.
Florida Phone-Use Rules
Section 316.305 permits a traffic stop for prohibited texting without a separate traffic offense. It covers specified manual entry and reading or sending nonvoice communications. The statute includes exceptions, including navigation and emergency reporting, and excludes a stationary vehicle from this prohibition.
A first texting violation is ordinarily a nonmoving infraction with a $30 base fine and no points. A second or subsequent violation within five years is a moving infraction with a $60 base fine and three points. Court costs and other fees are additional; crash-related and other applicable point provisions may affect the total.
Section 316.306 separately restricts handheld device use in designated school crossings, school zones, and qualifying work zones. For work zones, personnel must be present or operating equipment on or immediately adjacent to the area. This rule has its own exceptions, including hands-free use, and ordinarily carries a $60 base fine and three points, with specified first-offense alternatives.
These laws do not create a blanket statewide ban on every voice call. Even lawful phone use can distract a driver and contribute to a crash. The safest practice is to avoid interacting with a phone while driving.
Don’t Be Afraid To Put Up A Fight
If you are ticketed for texting while driving, now or after the new law goes into effect, you should consider hiring an experienced criminal defense attorney. Valiente Law has helped hundreds of drivers in the greater Miami area clear their good names and avoid getting points on their licenses after being ticketed for a motor vehicle offense.
In texting while driving cases, we are often able to show that the charge was inappropriate under the circumstances. We have also used phone records to prove our client was innocent.
The first-offense alternatives in section 316.306 concern its school/work-zone handheld restriction, not a universal remedy for every texting citation. The statute separately addresses approved safety-course participation and discretionary dismissal with proof of qualifying hands-free equipment. Eligibility and the procedure should be checked for the particular citation.
The statutes require officers to advise drivers of their right to decline a phone search and prohibit coerced consent. An unlawful search or other procedural defect requires case-specific analysis; it does not guarantee dismissal of every citation.
We aren’t going to let our clients be taken advantage of when this new law goes into effect. We will continue to stand up and fight for their rights and their privacy.
Posted in: Criminal