Your Phone Behind The Wheel
Fla. Stat. 316.305 — no texting while moving, and handheld nothing in school and work zones
In Florida, a driver may not operate a vehicle while manually typing or entering multiple characters into a wireless device, or while sending or reading data on it, for texting, e-mailing, instant messaging or similar communication. A stationary vehicle is not being operated for this rule.
- Reporting an emergency or criminal or suspicious activity is allowed.
- Receiving navigation, safety, traffic or weather messages, or radio broadcasts, is allowed.
- Using a device for navigation is allowed.
- Communicating without typing multiple characters or reading text, except to turn a feature on or off, is allowed.
An officer who stops a driver for texting must say the driver may refuse a phone search. The officer informs the driver of the right to decline a search of the device, may not access it without a warrant, may not confiscate it while waiting for a warrant, and may not get consent by coercion; consent must be voluntary and unequivocal.
A first texting violation is a noncriminal nonmoving infraction, and a second within 5 years is a moving one. In a designated school crossing, school zone, or a work zone with workers present, a driver may not use a wireless device in a handheld manner at all.
Sources for this section (2)
- Fla. Stat. 316.305 — Wireless communications devices; prohibition
- Fla. Stat. 316.306 — School and work zones; prohibition on the use of a wireless communications device in a handheld manner
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.