What Does It Mean That Florida’s Texting While Driving Law is a Primary Offense?

What Does It Mean That Florida’s Texting While Driving Law is a Primary Offense?

Distracted driving has become a major concern in today’s fast-paced world, where technology and multitasking often collide on the roads. In an effort to curb the dangers of texting while driving, Florida has taken a significant step by making it a primary offense. But what does it mean that Florida’s texting while driving law is a primary offense? Let’s delve into this topic to understand the implications, the rationale behind it, and its impact on road safety.

Understanding Primary Offense

To truly grasp the significance of Florida’s texting while driving law being a primary offense, it’s important to differentiate between primary and secondary offenses. A primary offense is an act that allows law enforcement officers to pull over and issue citations to a driver solely based on that observed violation. On the other hand, a secondary offense can only be enforced if the driver has already been stopped for a primary offense.

In the context of Florida’s texting-while-driving law, it’s important to note that texting while driving is classified as a primary offense. This means that police officers have the authority to initiate a traffic stop and issue a citation if they observe a driver engaging in this behavior while behind the wheel. Unlike a secondary offense, where additional wrongdoing is required to be observed, the primary offense classification simplifies the process of enforcing the law and emphasizes the seriousness of texting while driving.

Before this legal modification, texting while driving in Florida was deemed a secondary offense. This meant that an officer had to witness a different violation, such as speeding or running a red light, before being able to issue a citation for texting. However, the shift to primary offense status enables law enforcement to effectively address the issue head-on, without the need for an additional violation to be present.

Florida’s Texting While Driving Law

In an effort to combat the rising tide of distracted driving accidents, Florida implemented a stringent law against texting while driving. This legal framework designates texting while driving as a primary offense, granting law enforcement officers the power to pull over and issue citations to drivers solely for this behavior.

Origins of the Law

The evolution of Florida’s texting-while-driving law reflects a response to the alarming statistics of accidents caused by distracted drivers. Prior to this change, texting while driving was treated as a secondary offense. Law enforcement officers could only issue citations if they had pulled a driver over for a different infraction. This limitation hindered the effectiveness of the law in curbing distracted driving.

The updated law was enacted to provide a stronger deterrent against the hazardous practice of texting while driving. By making it a primary offense, the law sends a clear message to drivers about the potential consequences they face if they choose to engage in this risky behavior. Moreover, the change is instrumental in raising awareness about the dangers of distracted driving.

Governor DeSantis’ Role

Governor Ron DeSantis played a pivotal role in solidifying the updated texting-while-driving law. His endorsement of the legislation in 2019 and continued advocacy for road safety have significantly contributed to reducing distracted driving on Florida’s roads.

Governor DeSantis’ support shines a spotlight on the dangers of texting while driving, encouraging drivers to prioritize road safety and engage responsibly with their mobile devices. His efforts resonate with both drivers and pedestrians, fostering an environment of heightened awareness and safety.

Law Enforcement and Citations

As a primary offense, Florida’s texting while driving law empowers law enforcement officers to pull over and issue citations to drivers caught using a mobile device while driving. This represents a marked departure from the previous framework, where citations could only be issued for texting while driving if the driver was already stopped for a separate traffic violation.

Police officers are instrumental in the enforcement of this primary offense law. By employing their training and expertise, they can identify drivers who may be texting while driving through various cues. These cues might include erratic driving patterns, swerving between lanes, or visible use of a mobile device. Once these indicators are detected, officers have the authority to initiate a traffic stop and address the suspected texting violation.

Fines and Violations

The classification of texting while driving as a primary offense in Florida ushers in several consequences for drivers caught engaging in this risky behavior. These consequences extend beyond mere fines, aiming to encourage safer driving practices and raise awareness about the dangers of distracted driving.

For first-time texting while driving offense, the penalty is a $30 fine, with additional court costs and fees that sum up to around $108. Repeat offenders within a five-year span face a steeper $60 fine, accompanied by court costs and fees, and they also accrue three points on their driver’s license. In cases where the texting violation leads to a collision, the driver will be slapped with six points on their license. Additional penalties include two extra points for texting violations committed in designated school zones or active work areas.

It is important to clarify that drivers have the right to decline a search of their mobile devices when stopped by law enforcement officers. While officers can request to see the device if they suspect texting, drivers retain the right to refuse without facing consequences. Accessing the driver’s phone without a warrant, consent, or emergency circumstances is prohibited.

Mobile Devices and Messaging

Florida’s adoption of a primary offense approach to texting while driving is a direct response to the prevalence of mobile devices and their role in distracted driving incidents. The law addresses the use of these devices for various messaging activities and aims to reduce the risks associated with such behaviors.

Text messaging remains a dominant form of communication, particularly among younger demographics. The ubiquity of smartphones has led to the popularity of instant messaging apps, social media platforms, and email. Florida’s law encompasses text messaging and encompasses a broad range of messaging activities on mobile devices, including emails and app-based messaging.

The reclassification of texting while driving as a primary offense empowers law enforcement officers to pull over and issue citations for the use of mobile devices to send or read messages while driving. This change is a significant departure from the previous framework where officers required an additional reason for the traffic stop. This shift allows officers to more effectively address the issue, focusing on the specific act of texting while driving.

It is important to note that the law does allow exceptions for certain uses of mobile devices while driving. These include using a device for navigation, making a phone call, operating in hands-free mode, reading emergency traffic or weather alerts, and reporting emergencies or criminal activities. However, the overarching aim of the law remains to curtail the use of mobile devices for messaging purposes while driving.

Dangers of Distracted Driving

Distracted driving, with texting while driving as one of its most notorious culprits, poses an immense threat to road safety. When a driver diverts their attention from the road to their mobile device, the risk of accidents and injuries soars. The consequences of these accidents can be severe, making it crucial to understand the dangers of distracted driving.

Accidents and Injuries

According to data from the National Highway Traffic Safety Administration (NHTSA), distracted driving was responsible for approximately 3,000 fatalities and around 400,000 injuries in the year 2019 alone. Among various forms of distracted driving, texting while driving is particularly hazardous. It demands a driver’s visual, manual, and cognitive attention away from the task of driving.

Statistics underscore the perils of texting while driving:

  1. Texting increases the risk of a crash by 23 times.
  2. Reading a text takes an average of 5 seconds, during which a vehicle traveling at 55 mph covers the length of a football field.
  3. Taking your eyes off the road for just 2 seconds doubles the risk of a crash.

These alarming figures emphasize the urgency of addressing texting while driving as a primary offense. The injuries resulting from such accidents can range from minor to severe, potentially leading to long-term disabilities and substantial medical costs.


Tragically, texting while driving can lead to fatal accidents. In 2019, the NHTSA reported that 3,142 individuals lost their lives in motor vehicle accidents involving distracted drivers. Young drivers are especially vulnerable to the dangers of distracted driving, as they are more likely to engage in risky behaviors like texting while driving. To mitigate these risks, Florida’s decision to classify texting while driving as a primary offense is a significant stride toward safer roads.

Fines and Violations

Florida’s primary offense approach to texting while driving brings about not only immediate fines but also a cascade of subsequent consequences. For those caught texting while driving for the first time, the fine is $30, accompanied by court fees. While this might not appear excessively punitive, the goal is to deter drivers from participating in this perilous behavior.

However, if a driver is caught texting while driving within a school zone, the penalties can become more severe. Safety is paramount in school zones, as they pose heightened risks for students, parents, and school personnel. Consequently, fines for texting in these areas can be doubled, emphasizing the need for vigilant and focused driving.

As a primary traffic offense, drivers found guilty of texting while driving also face points on their driver’s licenses. Accumulating these points can lead to increased insurance premiums and, potentially, license suspension. This layered approach aims to incentivize drivers to shun texting while driving and adhere to the law.

Other Prohibited Activities

Florida’s texting while driving law doesn’t solely focus on texting; it also extends its reach to encompass other activities that can create distractions for drivers. The law’s goal is to heighten road safety by discouraging multitasking behind the wheel and reducing the likelihood of accidents caused by distracted driving.

Wireless Communications

While using a wireless device for conversations isn’t illegal, the law promotes the use of hands-free devices for phone calls to maintain vehicle control and driver attention. This approach acknowledges the need for communication while driving but encourages safer practices.

In designated school crossings and zones, extra precautions are essential. Drivers are prohibited from using cell phones in these areas, even with hands-free devices. Furthermore, school bus drivers are generally not allowed to use wireless devices while driving, except for emergencies or when the bus is stationary.

Distractions Beyond Texting

Texting isn’t the only distraction drivers face. Florida law recognizes the importance of undivided attention on the road and seeks to eliminate activities that could divert a driver’s focus. Eating, applying makeup, and engaging in loud conversations with passengers are also addressed by the law.

Exceptions and Allowed Use

While the law prohibits using wireless communication devices for texting, there are specific scenarios in which using these devices is permitted. These exceptions are designed to balance the need for communication with the necessity of ensuring driver safety.

Firstly, the law permits the use of a wireless device for navigation purposes. This includes obtaining weather alerts, allowing drivers to stay informed about potentially hazardous conditions. However, caution should be exercised to prevent these features from becoming sources of distraction.

Additionally, the law allows the use of wireless communication devices during emergencies. This provision enables drivers to contact emergency services or report hazardous situations on the road. However, this usage should be strictly limited to emergencies and not extended to routine communication.

Certain professionals on duty, such as law enforcement officers and emergency responders, are granted an exception to the texting-while-driving law. These individuals may use wireless communication devices to fulfill their job requirements, as their roles often demand constant access to communication tools.

In summary, while Florida’s texting-while-driving law places a significant emphasis on preventing distracted driving, it does provide exceptions for using wireless communication devices for navigation, emergencies, and professional duties. Drivers should be well-informed about these provisions and should utilize their devices responsibly while on the road.

Seeking Legal Help

Motorists in Florida who find themselves cited for texting while driving should consider seeking legal advice from an experienced attorney. Navigating the legal intricacies of these cases is essential, particularly if the offense contributed to an accident resulting in injury or property damage.

This is especially true if you’re faced with an accident where texting while driving played a role. Skilled attorneys can guide you through the legal process, ensuring that your rights are upheld and that you have the best possible chance of receiving fair compensation.

When seeking legal assistance, keep these points in mind:

  1. Opt for an attorney experienced in handling texting-while-driving cases.
  2. Look for legal professionals well-versed in Florida traffic laws.
  3. Consider attorneys who offer free initial consultations to discuss your case.

Enlisting the help of an accident attorney early in your case can be pivotal in navigating the legal system effectively and advocating for your rights as a Florida motorist.


In conclusion, Florida’s decision to elevate texting while driving to a primary offense status is a pivotal move in enhancing road safety and curbing distracted driving. By targeting the use of mobile devices for messaging, the law aims to protect drivers, passengers, and pedestrians alike. Through fines, penalties, and education, the law endeavors to send a clear message: undistracted driving is essential for the safety of all road users. As technology continues to evolve, so too must our approach to ensuring responsible and focused driving habits.


What does it mean that Florida’s texting while driving law is a primary offense?

Law enforcement officers can now stop drivers and issue citations for texting while driving without requiring another reason, such as a broken taillight, to initiate a traffic stop.

How does Florida’s texting-while-driving law compare to other states?

Most states, like Florida, have laws against texting and driving. However, penalties and the specific definition of “texting” might vary from state to state.

What are the penalties for texting while driving in Florida?

A first-time offender faces a $30 fine, plus court fees, amounting to around $108. Repeat offenses within five years result in a $60 fine, additional court costs, and fees, along with three points on the driver’s license.

Can drivers use their phones for navigation or other non-texting purposes?

Yes, the law allows for using a phone for navigation, making phone calls, hands-free operation, reading emergency traffic or weather alerts, and reporting emergencies or criminal activities. However, the focus remains on minimizing distractions while driving.

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