Distracted Driving Laws in Florida
In 2024, the Florida Department of Highway Safety and Motor Vehicles reported that nearly 300 fatalities occurred due to distracted driving. The Florida Department of Transportation (FDOT) defines distracted driving as anything that requires a driver to take their hands off the wheel, eyes off the road, or mind off driving. If you are a driver in Florida, understanding the distracted driving laws in the state is essential.
What Qualifies as Distracted Driving?
Distracted driving is any activity that diverts your attention from the primary task of driving. It is categorized into three main categories:
- Manual distractions: Taking your hands off the wheel like texting, eating food, changing music, using the navigation system, grooming
- Visual distractions: Taking your eyes off the road like checking apps, looking at the GPS or scenery
- Cognitive distractions: taking your mind off driving, for instance, daydreaming, engaging in deep conversations with other passengers
Key Florida Laws on Distracted Driving
The key distracted driving laws in Florida include:
The Wireless Communications While Driving Law
Florida Statute 316.305, which went into effect in 2019, prohibits drivers from using wireless communication devices in a school or work zone. A wireless communications device is any device that can be used hands-on and can store or receive data, send or receive texts over the internet, and provide communications services. This can include a smartphone, tablet, laptop, and even two-way messaging devices like walkie-talkies or gaming consoles.
Texting While Driving Law
Texting is one of the main distractions that affects your visual, manual, and cognitive abilities, making it the most dangerous kind of distracted driving. If you are operating a motor vehicle, Florida law prohibits you from using your hands to manually enter or view data unless you are using voice-activated devices.
Penalties for Distracted Driving
The first offense for distracted driving is considered a non-moving violation and carries a $30 fine, excluding court costs and other fees. If you commit a second offense within five years, it becomes a moving violation with a $60 fine, court costs, and extra fees. Additionally, three points will be added to your driving record. If the violation occurs in a school or work zone, a law enforcement officer can pull you over and issue a citation.
If you injure someone because of driving while distracted, you can be held liable for injuries and damages caused. The injured party can sue you for both economic damages, like medical expenses, and noneconomic damages, such as pain and suffering.
Exceptions to the Law
While Florida’s laws are strict, there are exceptions:
- Emergency communication, such as calling 911, is allowed.
- Persons operating an authorized emergency vehicle, such as firefighters, police officers, or emergency medical services professionals
- Wireless communication that doesn’t involve manual entry of multiple characters or letters.
Tips To Avoid Distracted Driving
The following practices can help you avoid distracted driving:
- Use hands-free technology
- Set your GPS before driving
- Put your phone on “Do Not Disturb” mode
- Keep your mind on the road and avoid multitasking.
Contact a Fort Myers Car Accident Lawyer
If you have been injured in a car accident involving a distracted driver, contact our Fort Myers car accident lawyer at The Pendas Law Firm to get the rightful compensation.
The Pendas Law Firm also represents clients in the Ocala, Tampa, Orlando, Miami, Daytona Beach, West Palm Beach, Bradenton, Jacksonville, Fort Lauderdale, Naples, and Melbourne areas.