Distracted driving includes the use of any handheld devices, mobile phones, or headphones while behind the wheel in the State of Florida. Florida Statute 316.305 (otherwise known as The Wireless Communications While Driving Law) took effect on the 1st of July 2019, and it requires all drivers to put their phones down and focus on the road.
If you are wondering about the new hands-free law, then you have come to the right place. A lawyer from The Law Place will guide you through the hands-free law and help you to understand all of the driving while texting laws in the State of Florida. We understand that the new hands-free law might be confusing to some people, and we will answer all of your questions.
At The Law Place, we have over seventy-five years of collective experience and knowledge in helping people to understand the law in the State of Florida. Our law firm has managed hundreds of cases involving cell phone use behind the wheel, and we will tell you what you need to know about the new law.
If you have questions regarding cell phone use while driving, then you should speak to a lawyer today. Our phone lines are open twenty-four hours a day, seven days a week. Contact The Law Place now on (941) 444-4444 to schedule a free consultation.
What Is the Wireless Communications While Driving Law in the State of Florida?
The statutes state that police officers can stop drivers who are texting and driving and issue them citations. A person is not allowed to operate a motor vehicle while using a wireless communication device to type or enter letters, numbers, or symbols through text or email.
Florida Statute 316.306 prohibits drivers from using a wireless communication device in a school or work zone. A person is not allowed to operate a motor vehicle while using a wireless communication device in a designated school crossing, school zone, or work area.
What Is Distracted Driving in the State of Florida?
Distracted driving kills more than 3,000 people every year, according to the National Highway Traffic Safety Administration (NHTSA). The new hands-free law has been established to prevent distracted driving accidents from happening in the State of Florida.
If you take your hands off the wheel, your eyes off the road, or your mind off driving, then you are driving while distracted. It is very dangerous to drive distracted because you are putting everyone on the road at risk. There are three different types of distracted driving:
- Visual distraction – Taking your eyes off the road.
- Manual distraction – Taking your hands off the wheel.
- Cognitive distraction – Taking your mind off driving.
Texting is one of the main distractions that involves visual, manual, and cognitive functions. It is also the most dangerous. However, there are other causes of distracted driving such as interacting with passengers, tending to children or pets, eating, drinking, watching something outside of the motor vehicle’s window, putting on makeup, brushing your hair, adjusting the radio, setting up a navigational system, daydreaming and much more. A driver’s ability to avoid an accident is diminished when they are not focused on the road in front of them.
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Can You Use a Mobile Phone While Driving in the State of Florida?
There have been a number of politicians who have made efforts to ban the usage of mobile phones while driving in the State of Florida. It is now illegal to use a handheld device to text while driving, search the internet, read information, or use applications. In addition, it is illegal to use earphones, headphones, or headsets while driving.
However, there are other activities on a mobile phone that are still not illegal in the State of Florida. For instance, it is not illegal to make or receive a phone call while driving (with a few exceptions) in the State of Florida. Furthermore, it is not illegal to send a text message using hands-free voice activation while driving.
A lawyer from The Law Place will recommend that you do not use a phone while you are driving full stop in order to ensure safety and avoid liability in the State of Florida.
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Texting and Driving in the State of Florida
Florida Statute 316.305 states that it is one hundred percent illegal for drivers to use their hands to text on a wireless communication device while operating a motor vehicle. A device includes cell phone use, notebooks, tablets, laptops, video games, and many other devices.
It is worth noting that any type of distraction is too much of a distraction while you are on the road. It is always wise to keep your attention on driving. The law demands that you do not enter data by texting, instant messaging, emailing, looking at social media, or other applications. In addition, you are not allowed to enter data into a navigational system while driving. However, the law does not state that all forms of texting while driving are banned.
The Florida statutes carefully explain that you are banned from using your hands to manually enter data or view data while operating a motor vehicle. Texting through voice and voice playback of text messages are allowed.
In simple terms, you are allowed to have a passenger read you a text message out loud and then respond on your behalf. It also means that you can use a device that lets you speak into it and play the response back. There are a few handheld devices that are able to do this, but it is usually built into the motor vehicle, and it will connect to your device through Bluetooth. This is known as hands-free texting.
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Viewing Data While Driving in the State of Florida
To put it simply, you are not allowed to read data from a wireless communication device while driving in the State of Florida. This includes not looking at text messages, instant messages, emails, social media, or other applications on a mobile phone or other wireless communication devices.
Using a GPS While Driving in the State of Florida
If you have already programmed a GPS before you start driving, then you are allowed to view the map and follow the directions while on the road.
Using Your Mobile Phone When You Are Stopped in the State of Florida
Florida Statute 316.305 and Florida Statute 316.306 ban texting and reading data on a wireless communication device while driving. The law specifically asserts that a driver is not subject to the prohibitions of the statute if their motor vehicle is stationary and they are not moving.
In simple terms, you are allowed to use your mobile phone while stopped at a light or on the side of the road in the State of Florida.
Phone Calls While Driving in the State of Florida
If you have taken the time to read Florida Statute 316.305, then you will notice that it does not mention talking on the phone while behind the wheel. In other words, you are allowed to talk on the phone while driving, with a few exceptions in the State of Florida. You can use a hands-free device to make and receive phone calls, but you can also put your mobile phone to your ear to make and receive phone calls.
The exceptions for talking on the phone while driving are written in Florida Statute 316.306. They include construction zones, school zones, and designated school crossings. When you are driving in one of those areas, then you are forbidden from talking on your phone or any other wireless communication device.
Frequently Asked Questions
When Did the Hands-Free Law Go Into Effect?
Florida Statute 316.305 went into effect on the 1st of July 2019. Drivers can be stopped and issued a citation for texting and driving. The second section of the law, Florida Statute 316.306, went into effect on the 1st of October 2019. Drivers can be stopped and issued a warning for using a wireless communication device in a handheld manner when they are in work zones and school zones. As of the 1st of January 2020, drivers can be issued citations for failing to use a device in a hands-free manner when they are in work zones and school zones.
What Does Wireless Communications Device Mean?
A wireless communication device is classed as a handheld device that can be used in a handheld manner. It is designed to receive or transmit text messages, access or store data and connect to the internet. A wireless communication device includes a cell phone, laptop, video game, tablet, or any other type of wireless communication device that can be used in a handheld manner.
What Are the Penalties for Not Complying With the Law?
Florida Statute 316.305 explains the penalties for texting and driving:
- First offense – A first offense is classed as a non-moving traffic violation that carries a $30 fine (not including court costs or other related fees) and no points against the driver’s license.
- Second offense – A second offense within five years is classed as a moving traffic violation that carries a $60 fine (not including court costs and other related fees) and 3 points against the driver’s license.
Florida Statute 316.306 explains the penalties for failing to use a hands-free device in a work zone and school zone:
- Any offense – Any offense is classed as a moving traffic violation that carries a $60 fine (not including court costs and other related fees) and 3 points against the driver’s license.
Contact The Law Place Today
If you are wondering about the new hands-free laws in the State of Florida, then you should speak to a lawyer from a law firm that you can trust. It is important for all drivers to understand the hands-free law so that they can avoid getting a citation.
At The Law Place, we have over seventy-five years of combined experience when it comes to guiding people through the legal system in the State of Florida. Our law firm will explain cell phone use while driving and what you can and cannot do behind the wheel.
If you call our office today, a lawyer will answer all of your questions. Our phone lines are available twenty-four hours a day, seven days a week.
Contact The Law Place now on (941) 444-4444 to schedule a free consultation.
