Florida Legislature Bans Texting While Driving

Florida Legislature Bans Texting while Driving

According to a NHTSA study, on average, drivers who send, or read text messages while driving, take their eyes off the road for about five seconds, which at 55 mph is the equivalent of driving the length of an entire football field blindfolded. Drivers with one hand on the wheel and one hand on the phone are a common sight, at least in states where it’s still legal to talk and drive. Up until this week, Florida was one of the few states where it was still legal to text and drive. On Monday, April 29, the Florida House of representatives voted 108-7 in favor of a bill that would make texting while driving illegal in Florida.

How Will the New Law Be Enforced?

If signed by the governor, the new law which will be called “The Florida Ban on Texting While Driving Law” will include a grace period for the rest of 2019 in which police officers will warn anyone who is stopped. Once the new law goes into effect, police officers will be able to stop anyone who is seen texting, emailing, and instant messaging while driving. There are a few carved out exceptions for a motor vehicle operator who is: using a navigation system, operating an autonomous vehicle, a first responder, and in astationary vehicle. The law will be enforced as a primary offense which means that officers will be able to stop a vehicle solely for purposes of enforcing the texting ban.

Fines: A first violation of the ban is considered a nonmoving violation and will carry a $30 fine plus court costs and fees. If you are stopped for a second violation within five years of the first, it is considered a moving violation and carries a $60 fine plus court costs and fees. In addition, any violation of the ban that causes a car accident will result in six points added to your record.

Additional New Provisions

For those who are stopped, the bill introduces some protections and safeguards that will address some concerns from legislators that the new amendment may result in racial profiling. The new law: requires officers to inform the driver of the car of their right to decline that their mobile device be searched without a warrant and prohibits officers from confiscating the device while awaiting issuance of a warrant or using coercion or other tactics to obtain consent from the driver to search their wireless communications. The new law also provides that when a law enforcement officer issues a citation for texting while driving, the officer must record the race and ethnicity of the driver.

It looks like the new bill will pass as Gov. Ron Desantis has already made it clear that he will be signing the bill into law. The new law was passed to help improve roadway safety in Florida and prevent crashes related to distracted drivers. If you have been injured in an accident due to a distracted driver, our firm can investigate the matter further and find out if there were any distractions that caused the other person to cause your auto accident. Our Florida car accident lawyers can provide guidance and help you determine your legal options to make sure you get compensated for your injuries. Contact us today for a free consultation!