Holding a phone while driving could soon be illegal in Florida
Florida lawmakers are looking to crack down on distracted driving with a new bill that could change how drivers use cellphones behind the wheel. If passed, Senate Bill 1318 (the Florida Hands-Free Driving Law) would make it illegal even to hold a cellphone while driving. The only exception is when simply tapping it to start or stop a feature.
Right now in Florida, it’s illegal to text or email while driving. However, drivers can still hold a phone to make calls unless they are in a school zone or an active construction zone with workers present. Drivers can also legally use GPS, music, or social media while driving, as long as they're not typing or texting.
What would change under SB 1318?
This bill would take Florida’s distracted driving law a step further by banning the handheld use of mobile devices entirely while driving. That includes making or receiving phone calls. Under the proposed law, drivers are only allowed to:
- Tap their phones to turn a feature on or off (like starting a GPS route or ending a call).
- Use their phones in a hands-free way through Bluetooth, a patch cord connected to a stereo, or a phone’s speaker.
- The bill also makes an exception for when a vehicle isn’t moving. For example, a driver can use a cellphone when stopped at a red light or stuck in traffic.
What are the penalties for violating this law?
Violating this proposed law wouldn’t result in jail time, as it’s a noncriminal traffic violation. However, drivers could face fines and points on their licenses. For general handheld use while driving, a first-time offense would result in a $30 fine. A second or later offense within 5 years could result in a $60 fine.
If a violation happens in a construction zone where workers are present, a first offense could be a $150 fine with three points added to a driver's license. A second offense would be $250 and three points, and a third offense would result in a $500 fine with four points added and a 90-day license suspension.
There is some flexibility for first-time offenders. Drivers may be able to take a state-approved safety course instead of paying the fine and getting points, but only for first violations.
Who’s behind the bill?
SB 1318 was introduced by Senator Erin Grall, a Republican from Vero Beach. A similar bill in the Florida House, HB 501, was filed by Representative Allison Tant, a Democrat from Tallahassee. So far, SB 1318 has received unanimous support in two Senate transportation committees and is now headed to the Senate Rules Committee for further review. If both chambers of the Florida Legislature approve the bill and Governor Ron DeSantis signs it into law, the new rules would take effect starting July 1, 2025.
Does all distracted driving involve cellphones?
No, not all distracted driving is caused by cellphones. While phones are one of the most common distractions on the road, drivers can be distracted by many other things. Distracted driving is anything that takes drivers' attention away from driving visually, manually, or mentally.
Here are some other common distractions:
- Eating or drinking while driving.
- Adjusting the radio, GPS, or climate controls.
- Talking to passengers, especially in heated or emotional conversations.
- Reaching for something in the back seat or glove compartment.
- Personal grooming, such as fixing hair or applying makeup.
- Daydreaming or driving while emotionally distracted.
How Can A Lawyer Prove distracted driving?
Proving distraction at the time of a crash isn’t always easy. However, a Tampa distracted driving accident lawyer can gather evidence to support your claim. Here are some of the most common methods:
- Phone records: These can show whether a driver was texting, calling, or using an app at the time of the crash. Your lawyer may subpoena records from the phone company in serious cases.
- Dashcam or traffic camera footage: Video recordings can capture the driver’s behavior leading up to the crash, such as looking down, swerving, or failing to brake in time.
- Eyewitness testimony: Passengers, pedestrians, or other drivers who saw the car accident may report that the driver was looking at a phone or otherwise distracted.
- Vehicle data: Many modern cars record activity like sudden braking, steering movements, or the use of infotainment systems. This data can help piece together what the driver was doing at the moment of impact.
- Statements from the driver: In some cases, the driver may admit to being distracted and apologize, either at the scene or during follow-up investigations.
Hit by a Distracted Driver in Tampa? We're Ready to Fight for You
If you were hit by a distracted driver in the Tampa area, you could be facing medical bills, lost wages, or lingering pain. You deserve to be compensated to the fullest extent. The insurance companies may already be trying to downplay your injuries. Or, they're looking for ways to shift the blame onto you. Armando Personal Injury Law knows how to push back.
Attorney Armando Edmiston has a proven track record of holding negligent drivers accountable and getting maximum compensation for car accident victims throughout Tampa. That includes a multi-million-dollar settlement for a client who suffered serious neck and back injuries in a hit-and-run rear-end collision involving seven cars.
To get on the path to recovery and justice, contact us online or call one of our law offices in Tampa or St. Petersburg. We’ll review the details of your crash, explain your legal options, and answer your questions so you can make an informed decision on how you would like to proceed.
“Armando is amazing! I trusted him to help with the insurance company after my car accident. Besides Armando being professional, he was also very efficient. Would recommend him to anyone.” – L.M., ⭐⭐⭐⭐⭐