Category: Traffic Offenses · Statute: F.S. 316.305 · Source: Florida Legislature
Understanding Texting While Driving in Florida
Under Florida Statute Section 316.305, also known as the Florida Wireless Communications Into the Hands of Drivers Act, operating a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device is strictly prohibited. This law designates texting while driving as a primary offense, meaning law enforcement officers can pull drivers over solely for observing this behavior, without needing another reason for the traffic stop. The prohibition covers text messaging, emailing, and instant messaging while the vehicle is in motion, but it generally excludes using a device for navigation, receiving safety-related alerts, or conducting hands-free communication.
The distinction between a standard violation and heightened enforcement is critical under Florida law. While a first offense is a non-moving violation carrying a base fine of $30, a second offense within five years escalates to a moving violation with a $60 base fine and three points assessed against the driver's license. Furthermore, under Florida Statute Section 316.306, using a handheld wireless device in designated school crossings, active school zones, or active work zones is a separate, more strictly enforced violation that carries immediate points on a driving record, emphasizing the state's focus on vulnerable road areas.
Texting While Driving and Pretrial Release
Because texting while driving in Florida is a non-criminal traffic infraction rather than a misdemeanor or felony, it does not result in an arrest, booking into a county jail, or the need for a bail bond. Violators are issued a civil citation, similar to a speeding ticket, which is resolved by paying the fine, attending traffic school, or contesting the ticket in court. However, if texting while driving leads to a serious accident involving reckless driving, vehicular manslaughter, or driving under the influence (DUI), criminal charges will apply, at which point standard Florida bail schedules and pretrial release conditions would be established by a judge.