Florida's Driving While Distracted Law starts July 1
- tianyalexandra
- Jun 30, 2019
- 2 min read
Finally, the commonly discussed law about “texting and driving” comes into effect in Florida to avoid crashes and reckless driving. Starting on Monday, July 1 2019, law enforcement officers will be able to stop motor vehicles and issue citations to motorists that are texting and driving. Likewise, the Florida Statute prohibits using wireless communications devices in a handheld manner in school and work zone.
From October 1, 2019, through December 31, 2019, officers may choose to just give a warning. However, are legally allowed to issue citations to persons who are texting while driving while distracted.
What is “Driving while distracted”?
Simple, the inattentive operation of a motor vehicle, it includes reading, writing, performing personal grooming, applying a beauty aid or similar products, interacting with pets or unsecured cargo, using a personal wireless communications device, or engaging in any other activity, conduct, task, or action that causes distraction.
Now… What is a “Wireless communications device”?
A handheld device that is designed or intended to receive or transmit text or character-based messages, to record or view images, to access or store data, or to connect to the Internet or any communications service or which allows text communications. The term includes (but is not limited to) a cell phone, a tablet, a laptop, a two-way messaging device, or an electronic game that is used or capable of being used in a handheld manner. The wireless communications device does not include a safety feature built into a motor vehicle.
What are the exceptions?
A motor vehicle that is stationary and not being operated is not subject to the prohibition in the law.
Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a feature or function.
Using a device or system for navigation purposes.
Receiving messages that are: related to the operation or navigation of the motor vehicle; safety-related information, including emergency, traffic, or weather alerts; data used primarily by the motor vehicle; or radio broadcasts.
Conducting wireless communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function.
What are the consequences and penalties?
It will depend whether it is your first time or if you commit the offence within a school/work zone.
1 st offence: is a non-moving traffic violation with a $30 base fine. No points will be assessed against your driver license.
2nd offence (within five years from the first violation): is a moving traffic violation with a $60 base fine and 3 points assessed against your driver license.
ANY offence for not using a device hands-free in a school zone and work zone: is a moving traffic violation with a $60 base fine and 3 points assessed against the driver license. YOU ARE NOT ALLOWED to pick up the phone in these two cases.
TIP 1: The base fine is just a portion of the overall cost of a traffic citation. You could end up paying more with fees and “penalty assessments” that are added to the base fine.
TIP 2: Tourists, this law also includes you and doesn’t forgive you for being in your first Disney visit… so be careful!
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