Florida/City Ordinance Laws

There is no national ban on texting or using a cell phone while driving, but some states have passed laws to ban texting and the use or cell phones, or require the use of hands-free technology while using cell phones while driving. Currently, no state bans all cell phone use for all drivers.

Florida has created statute 316.305, “Florida Ban on Texting While Driving Law,” to improve roadway safety, prevent crashes, reduce injuries, and authorize law enforcement officers to stop motor vehicles and issue citations as a secondary offense to persons who are texting while driving.

The statute states that a person may not operate a vehicle (any vehicle that is moving), while using a handheld communication device to type or enter any characters, send, or read texts, emails, or instant messages. Any person who does so commits a noncriminal traffic infraction which is punishable as a nonmoving violation.