Florida Distracted Driving Laws: Fines, Points, and Insurance Impact

Florida’s distracted driving laws make texting behind the wheel a primary traffic offense statewide, meaning police can pull you over for it on its own, and they go further in school zones and active work zones by banning any handheld use of a phone. A first texting ticket runs $30 plus court costs with no points. A second within five years, or any handheld violation in a school or work zone, becomes a moving violation with a $60 base fine and three points on your license. Cause a crash while using your phone unlawfully and the state assesses six points.

What the Texting Ban Covers

Under Florida’s “Ban on Texting While Driving Law,” you cannot manually type letters, numbers, or symbols into a wireless device while your vehicle is moving, and you cannot read or send text-based messages, including texts, emails, and instant messages.¹

The word doing the work is “manually.” Holding a phone to your ear for a voice call is still allowed on most roads. Tapping a single button to start a feature or trigger a voice command is allowed. Typing out a message, scrolling through a thread, or composing an email while the car is in motion is not.¹

Because the offense is primary, an officer who sees you typing has grounds to stop you with nothing else needed. No speeding, no weaving, no other violation first.

The Stricter Rule in School and Work Zones

A separate statute bans all handheld use of a wireless device in school crossings, school zones, and active work zones while your vehicle is moving. You cannot hold your phone for any reason, voice calls included. The device must be mounted, paired through Bluetooth, or operated by voice.²

One detail about work zones catches drivers off guard: the handheld ban applies only when construction workers are present on or immediately next to the road. Driving through an empty work zone at night, the stricter rule does not kick in, though the general texting ban still does.²

Fines and License Points

Florida sets a $30 base fine for nonmoving violations and $60 for moving violations under the distracted driving statutes, before county court costs and surcharges push the total higher.³

Points stay on your record and stack with any other moving violations you pick up. Florida suspends licenses based on points accumulated over set periods, so three points from a repeat texting ticket on top of speeding tickets or other citations can move you toward a suspension even though the ticket by itself would not.⁴

If a Crash Is Involved

The consequences escalate sharply when distracted driving causes a wreck. Florida assesses six points against your license if you use a wireless device unlawfully and it results in a crash, double the usual three.⁴

There is also a two-point add-on for any moving violation committed while using a wireless device in a school safety zone. Those two points sit on top of the points assigned to the underlying violation.⁴

Civil liability is a separate layer. In a personal injury lawsuit, violating a traffic statute like the texting ban can be used as evidence of negligence. It does not automatically prove negligence, but an injured driver, passenger, or pedestrian can point to the citation as direct evidence that you failed to exercise reasonable care.

What Is Still Allowed

Both statutes carve out the same core exceptions. A stationary vehicle is defined as not being operated, so you are not in violation when stopped in traffic or at a red light.¹

Other permitted uses while driving:

Reporting an emergency, a crime, or suspicious activity to law enforcement.
Using a phone or GPS app for navigation, though in school and work zones the device must be hands-free.
Receiving traffic alerts, weather warnings, and data used by the vehicle itself.
Talking through a hands-free system, including factory-installed or aftermarket Bluetooth.
Operating an autonomous vehicle with its automated driving system engaged.

Emergency vehicle operators, law enforcement officers, firefighters, and EMS professionals performing official duties are exempt from both statutes entirely.¹²

Your Phone During a Traffic Stop

Florida built a privacy protection into the law. If an officer pulls you over for a texting violation, the officer must inform you of your right to decline a search of your phone. The officer cannot access your device without a warrant and cannot confiscate it during the stop.¹

In practice, the citation rests on what the officer observed from outside your car. You do not need to hand over your phone or unlock it to prove anything.

How a Ticket Hits Your Insurance

A first texting offense is a nonmoving violation and generally does not surface on your driving record in a way that triggers an insurance increase. A second offense within five years changes that. Once the ticket becomes a moving violation with points, your insurer can see it and adjust your rates. Florida does not cap how much an insurer can raise your premium for a moving violation, so the long-term cost of a repeat ticket or a school-zone violation can far outweigh the $60 base fine.

A crash makes it worse. Insurers treat at-fault accidents as major risk indicators, and a distracted driving citation attached to a crash is strong evidence of fault. The rate increase tends to persist for several years.

Commercial Drivers Face Federal Rules Too

If you hold a CDL, federal regulations layer on top of Florida’s state laws. The Federal Motor Carrier Safety Administration prohibits all handheld mobile phone use while driving a commercial motor vehicle, not just texting. You cannot hold a phone to make a call, dial by pressing more than a single button, or reach for a device in a way that requires leaving your seated driving position.⁵

The federal definition of “driving” is broader. For commercial vehicles, you are considered to be driving even when temporarily stopped in traffic or at a red light. You have to actually pull off the road and come to a safe stop before picking up your phone.⁵

Federal penalties can reach $2,750 per offense for the driver, and employers who allow or require handheld use face fines up to $11,000. Multiple convictions can disqualify a CDL for up to 120 days.⁶

1
Online Sunshine. Florida Code 316.305 – Wireless Communications Devices; Prohibition
2
FindLaw. Florida Code 316.306 – School and Work Zones; Prohibition on the Use of a Wireless Communications Device in a Handheld Manner
3
Online Sunshine. Florida Code 318.18 – Amount of Penalties
4
Florida Senate. Florida Code 322.27 – Authority of Department to Suspend or Revoke Driver License or Identification Card
5
eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
6
FMCSA. No Texting Rule Fact Sheet