Texting While Driving Illegal in Florida and Fully Enforced in 2020.

If you are caught using any type of “wireless communication device” while driving, you can be stopped and ticketed.  The ban includes manually typing multiple letters, numbers of characters of kind while sending or receiving a text, email and instant messaging while the vehicle is moving.

The law first went into effect July 1, 2019, changing enforcement of the ban from a secondary offense to a primary offense.  A primary offense allows police officers to stop a vehicle solely for texting while driving.

The penalties are harsher for school zones and active construction zones.  Drivers can use Bluetooth for telephone calls, but cannot pick up their devices.

There are certain exemptions exist for autonomous vehicles, emergency vehicles, reporting emergency situations or crime activity.  There are further  exemptions for activating a hands free function, receiving messages related to navigation, date used primarily by vehicle, radio broadcasts and alerts pertaining to safety including traffic and weather.

The legislative intent is to protect motorists and pedestrians from distractions while driving.  However, always keep in mind that the police cannot forcefully seize or search a communication device without first obtaining driver consent or a warrant.  As a driver, you must first inform the officer to exercise your right to decline a search of your device.

Warrants for device records are only obtainable when a driver is involved in a crash causing injury or a fatality.