Texting while driving is a primary offense in Florida. That means a law enforcement officer can pull you over for texting alone, without first observing speeding, a lane violation, or any other infraction. The rule has been in place since July 1, 2019, when the state upgraded its texting ban from secondary to primary enforcement.1Florida DHSMV. Texting and Driving a Primary Offense Starting July 1
What “Primary Offense” Actually Means
Before July 2019, texting was a secondary offense in Florida. An officer who saw you typing behind the wheel couldn’t stop you for it; they had to catch you doing something else first, like running a stop sign, and then add the texting citation on top. Primary enforcement removes that requirement. The typing itself is enough reason for the stop.
The behavior covered by the statute is narrower than “any phone use.” Florida Statute 316.305 prohibits manually typing letters, numbers, or symbols into a wireless device, and sending or reading data on one, while the vehicle is in motion. Texting, emailing, and instant messaging all fall inside that definition.2Online Sunshine. Florida Statutes 316.305 – Wireless Communications Devices Prohibition Voice calls, hands-free Bluetooth use, GPS navigation, and voice-activated commands are carved out by the statute and are not grounds for a stop.
When Your Vehicle Is Stopped
The law treats a vehicle that is not moving as “not being operated.” Checking your phone at a red light or in fully halted traffic does not violate the texting statute.2Online Sunshine. Florida Statutes 316.305 – Wireless Communications Devices Prohibition So the officer needs to observe you typing while the vehicle is in motion for the stop to hold.
One boundary is worth flagging. This stationary exception does not extend to commercial drivers subject to federal rules. Under 49 CFR 392.80, “driving” a commercial motor vehicle includes being temporarily stopped in traffic, so a CDL holder can be cited for texting at a red light even though a passenger-car driver in the next lane cannot.3eCFR. 49 CFR 392.80 – Prohibition Against Texting
What an Officer Can Do at the Stop
Primary enforcement gives officers authority to initiate the stop. It does not give them authority to search your phone. Florida’s texting statute requires the officer to inform you that you have the right to decline a search of your wireless device.2Online Sunshine. Florida Statutes 316.305 – Wireless Communications Devices Prohibition An officer can testify to what they saw through the window, but they cannot scroll through your messages to confirm it without your consent or a warrant. You are not required to hand over the phone or unlock it during a routine texting stop.
What a Ticket Costs
A first violation is a nonmoving traffic infraction with a $30 base fine, and no points are added to your license.4Online Sunshine. Florida Statutes 318.18 – Amount of Penalties1Florida DHSMV. Texting and Driving a Primary Offense Starting July 1 The $30 is just the base. Florida adds court costs, surcharges, and administrative fees to every traffic ticket, and the out-of-pocket total on a first texting citation typically clears $150.
A second citation within five years of the first conviction changes categories. It becomes a moving violation, the base fine doubles to $60, and three points go on your driving record.2Online Sunshine. Florida Statutes 316.305 – Wireless Communications Devices Prohibition4Online Sunshine. Florida Statutes 318.18 – Amount of Penalties Every subsequent offense in that five-year window is treated the same way. Points from a texting conviction stay on your Florida record for at least five years.5Florida DHSMV. Points and Point Suspensions
Points compound quickly under Florida’s system. Twelve points in twelve months brings a suspension of up to 30 days. Eighteen points in eighteen months extends the suspension to three months. Twenty-four points in thirty-six months means a suspension of up to a year.6Florida Senate. Florida Statutes 322.27 – Authority of Department to Suspend or Revoke License
School Zones and Work Zones Are Stricter
A separate statute, 316.306, bans all handheld device use in school crossings, school zones, and active work zones. It reaches further than the texting ban because it prohibits holding the phone at all, not just typing on it. A work zone counts as “active” when construction personnel are present or operating equipment on or immediately next to the road.7Online Sunshine. Florida Statutes 316.306 – Wireless Communications Devices in Designated Areas
Penalties in these zones start higher. Even a first offense is a moving violation with a $60 base fine and three points on your license.8Florida DHSMV. Put It Down Focus On The Road There is no first-time nonmoving treatment. A first offender can elect to complete a wireless device driving safety program approved by the DHSMV, and if the course is finished the fine and points may be waived by the clerk of court. Showing the clerk proof of purchase of hands-free equipment can also result in dismissal with only court costs assessed.7Online Sunshine. Florida Statutes 316.306 – Wireless Communications Devices in Designated Areas
What This Means in Practice
If you drive in Florida, three things follow from primary enforcement. Any officer who sees you typing on a phone while your vehicle is moving has legal grounds to pull you over. That officer cannot inspect the contents of your phone without your consent or a warrant, and they are required to tell you so. And the first citation, while inexpensive compared to a moving violation, still opens the door to a much steeper second one if you’re cited again within five years.