The official statute
According to Florida Statute 316.305, drivers cannot manually type or read messages while operating a vehicle.
A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, or symbols into a wireless communications device or while sending or reading data for nonvoice communication.
Texting and driving is a primary offense
In 2019, Florida made texting while driving a primary offense, meaning officers can pull drivers over solely for that violation.
However, enforcement has been limited. According to an Orlando Sentinel report, ticket numbers remain surprisingly low across major counties.
With millions of drivers on the road, some counties reported only a handful of citations per week—or none at all.
When can drivers use their phones?
Florida law allows limited phone use while driving, including:
- Reporting emergencies or suspicious activity
- Using navigation systems
- Receiving safety alerts (traffic, weather, etc.)
- Hands-free communication that does not require typing
- Operating an autonomous vehicle
Drivers are not required to hand over their phones to law enforcement without a warrant, except in serious crash investigations involving injury or death.
Penalties of texting and driving in Florida
First offense
Non-moving violation with a $30 base fine and no points.
Second offense (within five years)
Moving violation with a $60 base fine and 3 points on your license.
School or work zones
Also treated as a moving violation with fines and points.
A push for stricter laws
State lawmakers continue pushing for stronger restrictions. House Bill 1469 (2024) proposes banning handheld phone use entirely while driving.
This would limit drivers to hands-free use only, except for starting or ending calls and navigation.
If more than a third of drivers involved in crashes were distracted, thousands of accidents each year could be tied to phone use alone.
What this means for you
Even with laws in place, distracted driving remains common. That increases the risk of being hit by someone who is not paying attention.
Because Florida does not require drivers to carry bodily injury coverage, having uninsured motorist coverage can make a major difference after a crash.