Wireless device — texting while driving
Florida Statute § 316.305
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
While a motor vehicle is moving, manually typing multiple characters or sending/reading nonvoice interpersonal messages such as texts, email, or instant messages is prohibited. Stationary vehicles are excluded. Navigation, specified safety/vehicle messages, emergency reporting, qualifying official duties, limited feature activation, and automated-driving operation have exceptions. Document the communication activity, not merely a phone in hand. Inform a stopped driver of the right to decline a device search and follow the statute's warrant, nonconfiscation, and voluntary-consent safeguards; a citation does not itself authorize access to phone contents.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Wireless Device
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Nonmoving first offense; moving qualifying repeat
- Points
- 0 for first offense; 3 for qualifying repeat; crash/school-zone additions may apply
- Fine / Penalty
- $30 base first offense; $60 base for second/subsequent within 5 years; costs may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.