Search Florida’s texting-while-driving law has been on the books since 2013. For most of that time, it was widely understood to be unenforceable in any meaningful way: a secondary offense, meaning police couldn’t pull you over just for texting. They had to catch you doing something else first.
That changed in 2020, when Florida upgraded the law to a primary offense. Now, an officer can stop a driver solely for texting or typing on a handheld device. More recently, the state added stricter hands-free requirements in school zones and active construction zones. But Florida still has not become a fully hands-free state, and a push to change that failed again in 2025.
If you were injured by a distracted driver in Tampa, contact Jeff Murphy Law. Free consultation, 24/7.
What Florida’s Texting Law Actually Prohibits
Florida Statute § 316.305, known as the Florida Ban on Texting While Driving Law, prohibits a driver from manually typing or entering characters into a wireless communications device while operating a motor vehicle. This includes texting, emailing, and instant messaging. Reading messages is covered as well, not just sending them.
The law covers smartphones, tablets, and other wireless devices capable of non-voice communication. Built-in vehicle navigation and hands-free technology are exempt. A driver stopped at a red light is not considered to be “operating” a vehicle under the statute, so technically phone use while legally stopped is not covered, though it remains dangerous and can become relevant in a civil case if the driver was still distracted when traffic moved.
Since 2020, this is a primary law. An officer who sees a driver texting can make a stop without needing any other violation. First-time offenses carry a $30 base fine; second offenses within five years add three points to the driver’s license. First-time offenders can avoid the fine and points by completing a 90-minute Wireless Communications Device Safety Course, though this option is available only once per lifetime.
Stricter Rules in School Zones and Construction Zones
Florida Statute § 316.306 goes further. In designated school crossings, school zones, and active work zones where construction workers are present or equipment is operating near the road, handheld phone use of any kind is prohibited, including calls. This isn’t just texting. Drivers in these zones must use hands-free technology or not use their phone at all. First offenses in these zones carry a $60 base fine and three points on the driver’s license.
Why Florida Isn’t Fully Hands-Free (and Why That Almost Changed)
In 2025, a Florida Senate bill that would have banned handheld phone use statewide passed the Senate 37-9. The House companion bill, HB 501, never received a vote and died in committee on June 16, 2025.
The push for a broader law has been driven in part by tragic cases, including a Tallahassee family whose 19-year-old son was killed in 2014 when a distracted driver struck his motorcycle. As of mid-2026, Florida has not enacted a statewide hands-free mandate. Drivers outside of school and work zones can legally make phone calls with a handheld device while driving.
That gap matters enormously in accident cases. A driver who was on a handheld call at the time of a crash did not necessarily break the law, but they were distracted, and that distraction can be proven and used to establish negligence in a civil claim.
Distracted Driving Numbers in Florida
The scale of the problem is hard to overstate. Florida lost nearly 300 lives to distracted driving in 2023, 23 more than the prior year, according to state data. Nationally, the National Highway Traffic Safety Administration reports that 3,275 people died in distracted driving crashes in 2023, with texting identified as the most dangerous form of distraction. At 55 mph, the five seconds it takes to read or send a text is enough time to travel the length of a football field without looking at the road.
Studies have consistently found that cell phone use while driving, even hands-free, elevates crash risk. Texting multiplies it. One frequently cited figure: drivers who text are 23 times more likely to be involved in a crash than those who don’t.
How TO PROVE Distracted Driving
A police citation for texting is useful, but it’s not required to win a civil case. In fact, many distracted driving accidents happen in situations where no citation was issued: the driver was on a call, checking a GPS app, or adjusting Spotify. None of those are illegal outside school and work zones, but all of them involve taking attention off the road, and that’s what matters in a negligence case.
Evidence of distracted driving in civil litigation often comes from:
- Cell phone records: Subpoenaed records can show whether the driver was actively texting, calling, or using data at the time of the crash.
- Witness statements: Bystanders, passengers, or other drivers who saw the phone in the driver’s hand.
- Dashcam or surveillance footage: From the vehicle itself, nearby businesses, or traffic cameras.
- The driver’s own admissions: Statements to police or insurers made in the aftermath of a crash.
- Physical evidence: The driver’s phone position, point of impact, and absence of brake marks can all suggest inattention.
An experienced personal injury attorney knows how and when to request this evidence before it disappears.
The 2023 Tort Reform + Its Effect on Distracted Driving Cases
Florida’s tort reform law, HB 837, signed March 24, 2023, changed how fault is assessed in personal injury cases. Florida now uses modified comparative negligence: if you are found more than 50% at fault for your own injuries, you recover nothing.
This means insurance companies representing distracted drivers have a strong incentive to shift blame onto the person they hit, arguing that the victim was also distracted, was speeding, failed to yield, or made an improper lane change. Every argument that moves the fault percentage past the 50% mark eliminates the claim entirely.
Preserving evidence quickly, documenting the scene thoroughly, and having an attorney who understands how these arguments are made and defeated makes a concrete difference in the outcome of your case. HB 837 also shortened the statute of limitations for general negligence claims from four years to two years for incidents occurring on or after March 24, 2023. The clock starts at the date of injury.
What to Do After Being Hit by a Distracted Driver
The steps you take immediately after an accident have a direct effect on your ability to recover compensation:
- Call 911 and get a police report filed. Note in your statement if you saw the driver on a phone.
- Photograph the scene, vehicle positions, damage, and any visible road conditions before vehicles are moved.
- Collect witness names and contact information while people are still present.
- Seek medical treatment promptly, both for your health and to preserve your PIP eligibility under the 14-day rule.
- Do not give a recorded statement to the at-fault driver’s insurance company before speaking with an attorney.
- Contact Jeff Murphy Law. The earlier an attorney is involved, the better the chance of preserving critical evidence, including cell phone records.
Frequently Asked Questions
Is texting and driving a primary offense in Florida now?
Yes. Since 2020, law enforcement can stop a driver solely for texting while driving. It is no longer a secondary offense requiring another violation first.
Can I still sue if the driver wasn’t cited for distracted driving?
Yes. A traffic citation is not required to bring a civil negligence claim. What matters is whether the driver’s distraction caused or contributed to the crash. Cell records, witness testimony, and other evidence can establish that without a citation.
What areas in Florida have the strictest phone laws?
School zones, school crossings, and active work zones where construction workers are present. In these areas, all handheld wireless device use is prohibited, including calls, regardless of whether you’re texting.
Does Florida have a statewide hands-free law?
Not as of June 2026. A Senate bill passed in 2025 but the House companion died in committee. Florida only requires hands-free use in school and active work zones.
How long do I have to file a claim after being hit by a distracted driver?
For incidents occurring on or after March 24, 2023, the statute of limitations for general negligence claims in Florida is two years from the date of injury. Don’t wait.
