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Tougher texting while driving law in Florida approved by Gov. DeSantis
Drivers are still allowed to use their phones to navigate, make phone calls and read emergency messages, such as weather alerts.
The only exception is in school and work zones, where drivers are not allowed to be handling their phones except for emergencies. That provision takes effect Oct. 1, but police will only stop and warn drivers about this part of the new law up until Jan. 1. Then, starting New Year’s Day, police will start issuing tickets in school and work zones for drivers who handle their phones, but aren’t necessarily texting.
And the penalties are still weak. It’s just a $30 fine plus court fees for a first offense. For a second offense, it’s $60 plus court fees and three points on a driver’s record. Texting within a school or work zone carries points on the first offense.
Lawmakers have tried for years to allow police to crack down on distracted drivers, led by representatives Jackie Toledo, R-Tampa, and Emily Slosberg, D-Boca Raton. On Friday, Toledo called texting while driving an “epidemic.”
“We all see it, and frankly, we’ve all done it,” she said.
But the Legislature has failed to pass the bill for years over civil rights concerns. This year’s law passed with two important provisions.
For one, police have to record the race and ethnicity of each driver they ticket and send that information to the state, so officials can see whether the new law is being applied unevenly.
And it can be difficult for police to prove whether someone was texting, rather than using a navigation app like Google Maps. To prevent police from using a stop as a means to search a driver’s phone, lawmakers required that police have to tell drivers that they have the right to decline a search of their phone.
