Florida lawmakers are considering legislation that would significantly expand the state’s distracted driving laws, potentially allowing police to pull over drivers simply for holding a mobile phone or tablet while driving. Currently, Florida law only permits stops for texting as a primary offense. The proposed changes, outlined in House Bill 1241 and Senate Bill 1152, aim to address broader distractions behind the wheel.
Broadening the Definition of Distraction
The proposed legislation targets any driver “supporting the weight” of a wireless device in a handheld manner. This goes far beyond texting, encompassing actions like scrolling social media, making video calls, using GPS navigation, or even resting a device on your lap. The law applies to phones, tablets, and other wireless devices, but explicitly exempts first responders and integrated in-vehicle systems.
This shift in enforcement would mark a significant change. As transportation attorney Doug Burnetti explained to CBS12, officers would no longer need proof of texting to justify a stop; merely holding the device would be sufficient. This broad definition raises questions about consistent enforcement and potential profiling.
Increased Penalties and Legal Implications
The financial consequences could be severe. Violations in school zones or construction areas would result in a $150 fine and three points on a driver’s license. Repeat offenders could face a $500 fine, four points, and a 90-day license suspension.
Beyond fines, the new law could reshape civil liability in crashes. Currently, proving a driver was actively texting at the moment of impact can be difficult. A total handheld ban would create a clearer standard for determining negligence after an accident.
Loopholes and Implementation Timeline
The legislation isn’t without ambiguity. Drivers using phone or tablet holders could technically circumvent the law while still using their devices. This loophole highlights the need for precise enforcement guidelines.
As of early 2024, both bills are still in committee. If approved, the measures would take effect in mid-to-late 2026, aligning Florida with over 30 other states that already enforce hands-free driving laws.
This legislation underscores a growing national trend toward stricter distracted driving regulations. States are increasingly recognizing that simply limiting texting bans is insufficient; the broader issue of handheld device use must be addressed to improve road safety.
The potential for increased fines, license suspensions, and reshaped legal standards makes this legislation a significant development for Florida drivers.
