- Talking on a cell phone is allowed only if it is done in a hands-free manner.
- A first-time texting and driving offense is a non-moving violation with a base fine of $30.
The National Safety Council reported in 2024 that approximately 1.6 million crashes are caused annually by drivers using cell phones and texting.
Most Floridians know it’s illegal to use a phone while driving, but what about when you are not moving? If you are stopped at a red light, can you look at your notifications or send a quick text?
The National Highway Traffic Safety Administration defines distracted driving as any activity that causes the driver to divert their attention from driving, such as texting or talking on the phone, eating or drinking, conversing with passengers, or adjusting the car’s entertainment or navigation system.
“Anyone operating a vehicle should be free of distractions and be attentive to the roadway, other vehicles, and changes to traffic patterns,” FLHSMV Executive Director Dave Kerner said during Distracted Driver Awareness Month last year. “While multitasking may seem normal in our daily lives, it is deadly when you are behind the wheel. Focus on driving safely and arriving safely. Everything else can wait.”
What is Florida’s law about using a cell phone while driving?
Section 316.305, Florida Statutes, allows law enforcement to stop motor vehicles and issue citations to motorists who are texting and driving. A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, or symbols into a wireless communications device to text, email, or instant message.
Can you legally use your phone at a red light in Florida?
Yes, you can, because the vehicle is not considered in “operation” at that moment under state statutes.
Can you talk on a cell phone while driving in Florida?
Yes, but only if it’s “hands-free.”
This means you can use voice-activated calling, speakerphone, or Bluetooth through your car’s audio system, so long as you’re not using your hands or distracted from driving.
Are there other exceptions to the law?
Per section 316.305, Florida Statutes, the law also does not apply to a motor vehicle operator who is:
- Performing official duties as an operator of an authorized emergency vehicle (law enforcement, fire service or emergency medical services professional).
- Reporting an emergency or criminal or suspicious activity to law enforcement authorities.
- 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.
- Using a device or system for navigation purposes.
- 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.
- Conducting wireless communication that does not require reading text messages, except to activate, deactivate, or initiate a feature or function.
- Operating an autonomous vehicle in autonomous mode.
How much is a ticket for being on your phone while driving in Florida?
For texting and driving, section 316.305, Florida Statutes:
- FIRST OFFENSE: Is a non-moving traffic violation with a base $30 fine, not including additional court costs or other fees, and no points assessed against the driver’s license.
- SECOND OFFENSE: Within five years is a moving traffic violation, with a base $60 fine, not including court costs and other fees, and 3 points assessed against the driver’s license.
For not using a device hands-free in a school zone and work zone, section 316.306, Florida Statutes:
ANY OFFENSE: is a moving traffic violation, with a base $60 fine, not including court costs and other fees, and 3 points assessed against the driver’s license.
