Florida Motor Vehicle Statute 316.305 is known as the “Florida Ban on Texting While Driving Law.” As the name implies, typing into a cell phone while operating a vehicle is illegal. This would include sending or reading information through text, email, or an instant message.
The Law That Prohibits Texting and Driving in Florida
Florida drivers must put their phones down and pay attention to the view out their windshields and mirrors. When a vehicle is moving the driver may not enter data into a phone to text or email someone. They may not read a text or email while the vehicle is in motion.
Drivers can use their cell phones for certain things, but texting isn’t one of them. The restrictions are cemented on the books in Florida.
Florida Motor Vehicle Statute FS 316.305:
“(3)(a) 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.”
The definition of a communication device goes beyond just a cell phone in Florida:
FS 812.15
“ (1)(c) ‘Communications device’ means any type of electronic mechanism, transmission line or connections and appurtenances thereto, instrument, device, machine, equipment, or software that is capable of intercepting, transmitting, acquiring, decrypting, or receiving any communications service, or any part, accessory, or component thereof, including any computer circuit, splitter, connector, switches, transmission hardware, security module, smart card, software, computer chip, electronic mechanism, or other component, accessory, or part of any communications device which is capable of facilitating the interception, transmission, retransmission, acquisition, decryption, or reception of any communications service.”
FS 316.306 also informs drivers they are restricted from using a cell phone in a handheld manner in school zones and construction zones.
Visit our page for more information on the penalties drivers face when they are caught texting and driving.
When Can I Use a Cell Phone While Driving in Florida?
Cell phone use is not banned completely along Florida highways.
These are a few exceptions detailed in FS 316.305 highlight these exceptions:
- The operators of emergency vehicles can text as a part of official duties
- Drivers reporting criminal activity can text
- Driver receiving texts about the operation of their vehicles
- Drivers getting safety information
- Drivers can use cell phones for navigation, including using GPS
- Motorists can use a cell phone to receive radio broadcasts
- Motorists can text if they are using a hands-free device to type or read a text.
- Drivers can text if in an autonomous vehicle.
The Florida Department of Highway Safety and Motor Vehicles (FHSMV) warns drivers to avoid any type of distracted driving. This can include actions that take their eyes off the road. They should avoid activities that draw their hands from the wheel. Drivers must also refrain from activities that would take their focus (thoughts) off the road.
Getting Help Earning Support After a Fort Lauderdale Car Accident
A frightening Fort Lauderdale accident can leave you depending on a distracted driver’s car insurance company for help. You may need major financial assistance to pay your medical bills and also your normal monthly bills before you go bankrupt. An at-fault driver’s car insurer may be telling you your injury is worth little or nothing at all in a settlement.
Allow Cowen Edwards Trial Lawyers to handle the stress and frustration of battling the car insurance companies while you use that time to focus on healing. Contact us to schedule a free consultation and tell us what happened. Let us know about your biggest hardships since the accident and then let us go to work holding an auto insurer fully liable.
If you need our help with your case, you won’t need to have any money to hire us. We don’t get paid unless we win your case for you. Then our fee comes out of the car accident settlement check you receive.
