Texting While Driving to Move to Primary Offense

TALLAHASSEE – On Friday, Florida Governor Ron DeSantis signed into law legislation passed in the 2019 session that will greatly strengthen the state's law against texting while driving. Law enforcement officers will now have the authority to stop a vehicle solely for texting-while-driving, or using a handheld device while driving in active construction and school zones. The law goes into effect July 1.

Previously, the ban was only a secondary offense, meaning that a driver could be cited for it if pulled over for another offense, but not pulled over solely for the act. Florida is the 45th state to enact a primary enforcement text messaging ban for all drivers.

Studies by AAA show that drivers who text while driving are eight times more likely to be involved in a crash–twice that of drivers using handheld devices. Five seconds is the average time a driver’s eyes are off the road while texting. At 55 mph, that would be the equivalent of driving the length of a football field, blind. According to the Florida Highway Safety and Motor Vehicles, there were more than 51,000 distracted driver-related traffic crashes in Florida last year.

The new law does not change the existing penalties associated with texting and driving. The first violation of the ban is a non-moving violation, carrying a $30 base fine plus court costs and fees. A second or subsequent violation committed within five years is a moving violation, carrying a $60 base fine plus court costs and fees.

AAA applauded the governor for signing the bill.

"Texting while driving is a dangerous habit that puts drivers, passengers and pedestrians at risk,“ said Mark Jenkins, spokesman for AAA – The Auto Club Group. "For the past decade, AAA has advocated for stronger laws against texting while driving, and applauds Florida lawmakers for passing this bill. Enforcement will be critical in the effectiveness of the new law. AAA hopes this bill will force drivers to change their habits, as they did when Florida strengthened its law on seat belts.“