Texting While Driving in Florida: What Are the Laws, and What Do You Need to Know?

• Jan 20 2019

Updated September 30, 2026.

Florida’s texting law has allowed primary enforcement since July 2019. An officer does not need to observe another traffic violation before stopping a driver for prohibited texting.

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.

Phone Searches and Your Rights

A texting stop does not automatically authorize an unrestricted phone search. The statutes require notice of the right to decline a device search and restrict access, confiscation, and coerced consent. An attorney can review the stop, the evidence of prohibited use, and any search.

Contact Valiente Law to discuss a traffic citation or related criminal allegation.

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