Police can stop drivers in Fort Lauderdale and throughout Florida and charge them with texting while driving or engaging in other forms of prohibited cell phone use under a new law that will fully go into effect on January 1, 2020. At Englander Peebles, we want you to stay informed of any changes in Florida which can affect your rights as a car accident victim and as a motorist in general. So, let’s take a closer look at questions you may have about Florida’s new texting while driving law. Schedule a free consultation with our Fort Lauderdale, FL, car accident lawyer today.
Table of Contents
- Didn’t Florida Already Have a Texting While Driving Law?
- Hands-Free Zones
- Primary Enforcement
- When Does the New Florida Texting Law Go Into Effect?
- What Happens Now if I Get Caught Texting and Driving in Florida?
- Can I Still Use Google Maps or Other Navigation Apps on My Phone?
- Does the New Florida Law Allow Anyone to Text While Driving?
- Can a Police Officer See My Phone After a Traffic Stop or Accident?
- Will the New Law Affect Texting Accident Lawsuits in Florida?
- Will This New Law Really Prevent Car Accidents, Injuries, and Deaths in Florida?
- Get Help from a Fort Lauderdale Texting Accident Lawyer Today
- How Do Florida Bad Faith Laws Apply to Car Crash Claims?
- Why Not Settle Immediately After a Fort Lauderdale Crash?
- How Can a Traffic Ticket Affect a Car Crash Claim?
- Who is Liable in a Miami Crash Caused by a Rental Car?
- How Long Do You Have to Report a Hit-and-Run Accident?
- What Is Florida’s Dangerous Instrumentality Doctrine?
Didn’t Florida Already Have a Texting While Driving Law?
Yes. Former Governor Rick Scott signed a texting while driving ban into law in May 2013, and it took effect five months later. However, Florida’s new texting law, House Bill 107, is different from the old texting law in two important ways:Hands-Free Zones
The law prohibits drivers from talking on hand-held devices when they pass through school or construction zones where workers are present. However, drivers can use hands-free devices, or Bluetooth technology. The old law had no ban.Primary Enforcement
The law allows police officers to stop drivers solely for suspected violations of the texting or hand-held bans. The old law allowed for only “secondary enforcement.” In other words, an officer could cite a driver for texting while driving only if the officer pulled over the driver for another traffic violation. With the new Florida law, only three states now lack primary enforcement of their texting bans Ohio, Nebraska and South Dakota according to the Governors Highway Safety Association.When Does the New Florida Texting Law Go Into Effect?
Technically, it already is in effect. The law went into effect on October 1, 2019. However, through December 31, 2019, law enforcement officers can only issue verbal or written warnings to drivers. Starting January 1, 2020, officers can issue tickets. The law applies to drivers throughout the state, including Miami, Boca Raton and Fort Lauderdale.What Happens Now if I Get Caught Texting and Driving in Florida?
If you get charged and convicted for texting and driving in Florida, you can face some fairly serious consequences. If it is your first offense, it can lead to:- A $30 fine
- Court costs and fees
- Three points on your driver’s license record (which may, in turn, boost your insurance rate).
Can I Still Use Google Maps or Other Navigation Apps on My Phone?
Yes, the law allows you to still use your device for “navigation purposes.” You can also receive messages that are:- Safety-related (such as weather or emergency alerts)
- Radio broadcasts
- Data which your motor vehicle primarily uses.
Does the New Florida Law Allow Anyone to Text While Driving?
Under the new Florida law, you can text while driving only if you are:- Performing your official duties as a police officer, firefighter, EMS provider, or another professional who is operating an authorized emergency vehicle
- Reporting an emergency, crime, or suspected criminal activity to the police
- Communicating with someone else through hands-free use of your device
- Operating an autonomous, or “self-driving,” vehicle.
Can a Police Officer See My Phone After a Traffic Stop or Accident?
To prove a violation of the new law, police officers will need to search the phone. However, the law strikes a balance between law enforcement needs and individual privacy rights. Under the law, a police officer who stops you for a suspected violation must inform you of your right to decline a search of your phone. Additionally, the officer cannot:- Search the device without a warrant
- Take the device from you while waiting for a search warrant
- Use coercion or other improper methods to get consent to search the device.