What is Florida’s Texting While Driving Law?

September 28, 2023 | By Mike Hancock
What is Florida’s Texting While Driving Law?

On May 17, 2019, Florida Governor DeSantis signed off on House Bill 107 which is known as the Wireless Communications While Driving Act. It is now an amendment to Florida Statute 316.305(3)(a). Texting while driving is now a primary offense in Florida. Before the amended statute became effective, Florida police officers weren’t permitted to issue a texting while driving citation without a primary offense being committed. Now, a driver can be pulled over solely for committing that offense. If you have been injured in an accident caused by a distracted driver, contact a Tampa car accident lawyer to discuss your legal options.

Distracted Driving .

There is no question that cell phones have made it easier for us to maintain contact with each other, but at any time of the day or night, about 660,000 drivers are behind the wheel and using their phones. A large percentage of those drivers are texting while they’re driving. Texting while driving is a form of distracted driving, and by far, it’s the most dangerous form of distracted driving.

When a person is simultaneously participating in another activity that diverts his or her attention from driving safely, he or she is engaged in distracted driving. That’s when the odds of being involved in a motor vehicle crash increase drastically. In order to text and drive, a person is participating in the three following distractions at the same time:

  • Visual: When drivers take their eyes off of the road.
  • Manual: When drivers take their hands off of the steering wheel.
  • Cognitive: When drivers take their minds off of driving.

Not Limited To Texting:

The amended statute isn’t limited to texting. Other phone activity is also addressed. A person is prohibited from “manually typing or entering multiple letters, numbers, symbols, or other characters in a wireless communications device.” Given the quoted language, not only is it against the law in Florida to text, it’s also against the law for a driver to enter a phone number.

What Is A Wireless Communications Device?

House Bill 107 defines a communications device as a “handheld used or capable of being used in a handheld 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.” This expansive definition of a wireless communications device would appear to include the following:

  • Cell phones.
  • Smartphones.
  • Tablets or laptops of any size.


The most important exception to House Bill 107 is that it is perfectly permissible to use a device while driving, so long as its used in a way that doesn’t require manual entry of characters, except to initiate a function or feature. Other exceptions for motorists involve reporting an emergency, crime or suspicious activity, receiving messages, receiving traffic safety information and receiving messages in connection with the operation or navigation of the vehicle. Of course, the performance of official duties of police and firefighters are also exempted.

The law will not apply to people in self driving cars if they’re not driving. With the increasing number of self-driving cars on the road, expect the statute to be revised again in the near future.

Can I Talk On The Phone In Florida?

Talking on a cell phone is still mostly legal in Florida. It is now illegal to use talk on a cell phone in a school zone or while in a construction zone if workers are present. You can still talk on the phone if you’re using Bluetooth and/or hands-free.

Speeds And Damages Are Higher.

Many Florida drivers aren’t aware of the change in the state’s texting and driving law, and others who are aware of it will ignore it and violate it on a daily basis. Texting while driving affects reaction time and stopping distances. As a result, victims of these types of accidents often struggle with severe injuries that can result in long-term disability, continuing medical bills, lost earnings and financial distress.

Injured By A Distracted Driver?

Just like cars, not all auto insurances are created equal. Getting the right overage can ensure you are protected if you are hit by a distracted, texting driver. For more information on different types, coverages, and what you need to know, check out this helpful article here. Contact us right away to arrange for a free consultation and case evaluation if you were injured as a result of the carelessness and negligence of a texting driver. We’re experienced, aggressive, and successful Tampa personal injury lawyers. We’ll do whatever we can to obtain all relevant and material evidence of the other driver’s negligence, including obtaining his or her cell phone records. Our objective is to maximize any proceeds that you might derive through a settlement or award.

Mike Hancock


People involved in serious accidents experience loss and often don’t know what to do next. Tampa Personal Injury Attorney Mike Hancock has dedicated his career to handling the recovery process for his clients so that their lives can get back to normal.

Mike has excelled in personal injury litigation for over 30 years and even though that’s earned him numerous professional honors, what’s most important to him is meeting directly with you and his commitment to giving you peace of mind.

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