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What is the Law for Texting and Driving in the State of Florida? New Law Effective October 1, 2013

October 1, 2013 marks the date the drivers in the State of Florida will be subject to Section 316.305, Wireless Communications - Prohibition. The pivotal part of the statute is as follows:

A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging.

It is clear that the statute prohibits texting while driving as well as e-mailing while driving. It also prohibits the reading of text messages, e-mails, web pages, and other content on a wireless communications device / mobile phone while driving.

This law was passed due to the rampant increase in distracted driving cause in great part to the use of mobile phones which advanced technology that allows for e-mails, texts, and web browsing. The law is part of the efforts of Florida lawmakers to make the roads safer for all drivers, pedestrians, and bicyclists.

If you, a family member, or child has been injured as a result of a Florida Automobile Accident, it is important to get advice and representation from a Florida Personal Injury Lawyer. At Wood, Atter & Wolf, the firm has been representing accident victims since 1957. When you are injured in an automobile accident, we are On Your Side - At Your Side.

David Wolf is a personal injury lawyer and partner of the law firm of Wood, Atter & Wolf. With over 23 years of experience, Mr. Wolf has represented thousands of clients throughout the years. With this experience and years of study and practice in the field of personal injury, Wolf has authored four books dedicated to child injury issues as follows:

  • The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know;
  • When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Need to Know After the Accident;
  • Florida Day Care Center Injuries - Legal Rights of the Injured Child - Building Blocks of Knowledge for Parents; and
  • When a Parent's World Goes from Full to Empty - The Wrongful Death of a Child - What You Need to Know about the Florida Wrongful Death Act.

You can order one or more of these books by visiting the Official Website for Wood, Atter & Wolf, P.A. and click on the book icons to order them.

The full version of Section 316.305, Florida Statutes can be read below. Follow the law and make Florida roads that much safer.

316.305 Wireless Communications Devices; Prohibition
  1. (1) This section may be cited as the “Florida Ban on Texting While Driving Law.”
  2. (2) It is the intent of the Legislature to:
    1.  Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users.
    2.  Prevent crashes related to the act of text messaging while driving a motor vehicle.
    3.  Reduce injuries, deaths, property damage, health care costs, health insurance rates, and automobile insurance rates related to motor vehicle crashes.
    4.  Authorize law enforcement officers to stop motor vehicles and issue citations as a secondary offense to persons who are texting while driving.
  3. (3)
    1.  A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging. As used in this section, the term “wireless communications device” means any handheld device 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 as defined in s. 812.15 and that allows text communications. For the purposes of this paragraph, a motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph.
    2.  Paragraph (a) does not apply to a motor vehicle operator who is:
      1.  Performing official duties as an operator of an authorized emergency vehicle as defined in s. 322.01, a law enforcement or fire service professional, or an emergency medical services professional.
      2.  Reporting an emergency or criminal or suspicious activity to law enforcement authorities.
      3.  Receiving messages that are:
        1.  Related to the operation or navigation of the motor vehicle;
        2.  Safety-related information, including emergency, traffic, or weather alerts;
        3.  Data used primarily by the motor vehicle; or
        4.  Radio broadcasts.
      4.  Using a device or system for navigation purposes.
      5.  Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a feature or function.
      6.  Conducting wireless interpersonal communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function.
      7.  Operating an autonomous vehicle, as defined in s. 316.003, in autonomous mode.
    3.  Only in the event of a crash resulting in death or personal injury, a user’s billing records for a wireless communications device or the testimony of or written statements from appropriate authorities receiving such messages may be admissible as evidence in any proceeding to determine whether a violation of paragraph (a) has been committed.
  4. (4)
    1.  Any person who violates paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
    2.  Any person who commits a second or subsequent violation of paragraph (3)(a) within 5 years after the date of a prior conviction for a violation of paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
  5. (5) Enforcement of this section by state or local law enforcement agencies must be accomplished only as a secondary action when an operator of a motor vehicle has been detained for a suspected violation of another provision of this chapter, chapter 320, or chapter 322.

History.—s. 1, ch. 2013-58.

2013 Florida Statutes

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