5 Things Florida Drivers Need to Know About the New Texting and Driving Ban

(Including how it can affect your personal injury claim)

What does the law do?

On July 1, 2019, a new law went into effect that makes texting and driving in the state of Florida a primary offense.

This means that law enforcement can now pull drivers over and give them tickets if they see them texting and driving.

Previously, texting while driving was a secondary offense, meaning officers couldn’t pull motorists over just for texting and driving; drivers could only get a ticket after being pulled over for another reason (speeding, having a headlight out, etc.). Florida is one of the last states to pass primary enforcement. 44 states have already cracked down on texting and driving, and the Sunshine State is finally making the shift to take distracted driving more seriously.

The law (passed as an amendment to Florida Statue 316.305) was officially signed on Friday, May 17 by Governor Ron DeSantis, but it just took effect this July. Until January 2020, officers will only be allowed to issue warnings, but after that “grace period”, texting offenses will be punishable by fines, court fees, and points on a driver’s license.

A first offense counts as a non-moving traffic violation and requires a $30 fine. A second offense counts as a moving violation that results in 3 points and requires a $60 fine (12 points accumulated in 12 months leads to a 30 day license suspension). Subsequent offenses within the first five years carry the same penalty.

What do I need to know about the ban?

Drivers in the Tampa Bay Area need to understand how this law affects them in order to abide by the law and stay safe.

1. It’s strict

Not only does the law prohibit texting while driving a moving vehicle, but it also penalizes all forms of typing on a wireless device, which includes emailing, social media messaging, and internet searches. Reading texts, emails, messages, and articles on your phone is enough to earn a citation, and drivers are prohibited from even holding their phones in school and active work zones. If the car is in motion in a school zone and a driver takes a call that’s not hands-free, that is a punishable offense. (The handheld portion of the law will go into effect on October 1, 2019.) Officers can also pull over motorists who halt the flow of traffic because they were texting while stopped at a red light, stop sign, or other locations.

1. It’s actually going to cost way more than $30

At first glance, a $30 or $60 fine may not seem like more than a slap on the wrist. Many who do admit to texting and driving may interpret it exactly that way and not be too concerned about getting caught, which is why some people argue that the fine is too little for the law to be effective. However, when costs from court fees and auto insurance rates are factored in, a first offense could potentially cost more than $700 depending on the county.

For example, FloridaToday reports that in Brevard County, a first, non-moving violation will add up to $119 with court costs and surcharges. The breakdown is as follows:

$30 is the civil penalty (traffic ticket)

$18 goes to court costs

$3 to Brevard Police Testing & Certification

$2.50 to additional Civil Traffic Court costs

$3 to additional Court Cost Clearing Trust Fund

$2 to local law enforcement education

$30 to the Court Facilities Fund

$5 to the Driver Education Safety Trust Fund

$3 to Teen Court

$12.50 to administrative fees

$10 to Article V Assessment

Fees vary by county but only slightly. Court fees in Orange County total $114, $111 in Fort Myers, and $113 in Naples, and most of the other counties’ costs are also within that range.

However, insurance penalties also have to be applied. On average, drivers who receive citations for texting while driving in Florida experience a 27% rate increase, which translates to a $647 dollar increase. When you add that to any costs associated with getting your points off of your license and the court costs mentioned above, that suddenly becomes much more consequential than just a $30 fine.

1. It doesn’t ban the use of GPS or the freedom to text at stoplights

Drivers are still permitted to use their mobile devices for navigation, making phone calls (except in school zones or construction zones), and checking for weather alerts. The law only prohibits texting and driving while the vehicle is in motion; if the vehicle is stopped at a red light, for example, the driver is allowed to use their device as they wish, provided they do not hinder the flow of traffic.

1. It’s necessary

   The Department of Highway Safety and Motor Vehicles announced that more than 51,000 car crashes and 241 deaths in 2016 involved distracted drivers. According to the States With the Worst Drivers report, Florida has the worst drivers in America (ranked #1 in 2016 and 2017 and #8 in 2018). US News reported that in 2017, Florida was ranked #3 in the nation when it comes to roadway fatalities (3,112 deaths).

There are many reasons that Florida is a dangerous state for drivers, but distracted driving is a principal concern. Almost every other state has finally passed laws making texting while driving a primary offense, and it’s necessary for law enforcement to get stricter in order to make the roads safer.

1. It can help strengthen your case in court

If you or a loved one was injured in a car accident, the new texting and driving ban could help you get justice and win a larger settlement. Because the law increases the severity of texting and driving, you have a better argument for seeking punitive damages from a jury, which may be awarded under Florida law in cases of intentional misconduct or gross negligence. However, the plaintiff must provide sufficient evidence to substantiate the claim. This is where the new statute comes in – it specifically allows any billing records for wireless communication devices to be admissible as evidence in court if the crash resulted in death or personal injury. That could make a major difference in how much financial compensation you receive.

The Florida Law Group advocates for car accident victims and those whose lives were forever changed by distracted drivers. We support this new law and believe it will do much to make Florida roads safer. However, no matter how many laws are passed, there will always be irresponsible drivers who jeopardize the safety of those around them. When they harm others, our nationally recognized attorneys aggressively pursue full and fair compensation for the injured parties. If you need a lawyer who will fight for your best interest and handle every detail of your case while you heal, and who has won millions of dollars in damages for other victims of distracted driving, contact us today for a free case evaluation!