Florida drivers are not permitted to text, email, or instant message when operating a moving vehicle. That includes typing or reading messages. Violators can face a base fine of $30 with substantial additional court fees. Repeat offenders will pay more and have points applied to their driver’s licenses.
What Is the Penalty for Texting While Driving in Florida?
Florida motorists may not use a communication device to text or email while they are driving a vehicle that’s in motion. They are also prohibited from holding a cell phone while in a school zone or a construction zone.
For more information on what’s prohibited when driving with a cell phone, you can visit our page on The Florida Ban on Texting While Driving Law.
The punishment for a texting citation will increase with each violation. If you receive a citation and then get another similar citation within 5 years the fees go up and the threat of losing your license grows.
Florida Motor Vehicle Statute 316.305:
“(4)(a) Any person who violates paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
(b) Any person who commits a second or subsequent violation of paragraph (3)(a) within 5 years after the date of a prior conviction for a violation of paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.”
The Florida Department of Highway Safety and Motor Vehicles (FHSMV) goes over the exact fines that are set by state statute:
- FIRST OFFENSE a base $30 fine, not including additional court costs or other fees, and no points assessed against the driver license.
- SECOND OFFENSE within five years is a moving traffic violation, with a base $60 fine, not including court costs and other fees, and 3 points assessed against the driver license.
- USING A CELL PHONE IN A HANDHELD MANNER IN A SCHOOL OR CONSTRUCTION ZONE a base fine of $60 and 3 points assessed against the driver license.
Drivers should be aware that the court fees and processing fees added to these seemingly small fines will be substantial. Offenders will usually pay hundreds of dollars more than the base fee listed.
Of course, a driver who causes a serious accident while texting could face much bigger fines and even risk jail time. A felony charge could be filed. When an injury or a fatality is involved in an accident an investigating officer can use a driver’s cell phone records as evidence.
How Many Points Do I Get On My License for Texting While Driving?
A careless driving charge could put up to 3 points on someone’s license. When drivers earn more than 12 points over a year’s time, they can have their licenses suspended.
Florida uses a point system to identify people who are reckless and rack up repeated traffic violations. It’s a way to identify someone who is an extreme risk on local streets and highways.
The FHSMV lays out the punishment drivers may face:
12 points within 12 months à 30-day suspension
18 points within 18 months à Three-month suspension
24 points within 36 months à One-year suspension
Getting Help Earning Support After a Fort Lauderdale Car Accident
A frightening Fort Lauderdale accident can leave you depending on a careless 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.
Allow a Fort Lauderdale car accident lawyer 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.
