Category: Traffic Offenses · Statute: F.S. 316.305 · Source: Florida Legislature
Understanding Texting While Driving in Florida
Under Florida Statute Section 316.305, known as the Florida Wireless Communications Into the Driving Act, texting while driving is classified as a noncriminal traffic infraction. The law prohibits motorists from manually typing, sending, or reading text messages, instant messages, emails, or other written data on a wireless communications device while operating a motor vehicle. For the infraction to occur, the vehicle must be in motion; reading or typing on a device while stopped at a red light or in stationary traffic is generally permitted under the statute.
Law enforcement officers can pull drivers over solely for texting while driving, as it is a primary offense in Florida. The state enforces heightened restrictions under Florida Statute Section 316.306, which strictly prohibits the use of handheld wireless devices for any purpose—including phone calls—in designated school crossings, active school zones, and active work zones. While a first offense is a non-moving violation carrying a base fine and no points, subsequent offenses within five years or violations occurring in school or construction zones result in moving violations, court costs, and points assessed against the driver's license.
How Texting While Driving Impacts Bail and Pretrial Release
Because texting while driving under Florida Statute Section 316.305 is a noncriminal traffic infraction rather than a criminal misdemeanor or felony, individuals cited for this offense are not subject to arrest, booking into a county jail, or the pretrial bail process. However, if a driver texting while driving causes a traffic crash resulting in serious bodily injury or death, they can face criminal charges such as reckless driving or vehicular homicide. In those severe criminal scenarios, the driver would be arrested, and a judge would determine cash bail or a surety bond amount during a first appearance hearing.