Florida Distracted Driving Laws

States across the U.S. compete with one another to impose the stiffest penalties on those apprehended for driving under the influence (DUI) or driving while intoxicated (DWI). Rightly so, given the 13,000 to 14,000 deaths annually that can be attributed to drunk driving. Yet these tough sanctions beg the question: what is the point of being sober if the driver’s attention is not on the road in any case? States like Florida have considered this subject and answer with stern legal discipline for distracted driving. After all, a driver in full possession of wits is nonetheless a danger when the mind is inattentive.

While distracted driving is rooted in varied sources, the law in the Sunshine State applies to specific behaviors that give solid evidence to the charge of distraction. In passing provisions against distracted diving, the state legislature understood that there were three categories of diversion from responsible automobile operation.

• Manual distraction: When the driver removes hands from the steering wheel to perform another task.
• Visual distraction: When the driver directs sight to something other than the road and surrounding traffic.
• Cognitive distraction: When the mind is pre-occupied and absent from the moment.

The “Put It Down” Law

The Wireless Communications While Driving Law passed in 2019. It stipulates, among other things:

• Drivers are forbidden to type into a wireless device while the vehicle is in motion.
• Drivers may not read texts or emails on any device while the car or truck is in motion.
• Law enforcement officers are directed to apprehend and cite drivers who are seen doing the above.

This law covers acts of cognitive, manual and visual distraction which must be testified to by the intercepting officer. Texting and emailing from a smartphone, android or other handheld device are two of the most common practices that embrace all three categories. Drivers caught violating the texting while driving law can receive increasing fines and points on their driver’s license that could lead to a suspension.

Exceptional Circumstances

There are exemptions from this law for certain persons and under certain conditions.

• Emergency services personnel and first responders — in the course of their official duties — need to remain in immediate touch with one another and with those who need assistance.
• Drivers who observe potentially dangerous or criminal acts can notify the police with mobile devices.
• Drivers may consult their devices for GPS and navigation assistance.
• Drivers can make voice-activated hands-free calls with their devices.
• Drivers may text and email while riding in a self-driving automobile.

Other Forms of Distracted Driving

Governments can pass statutes relating to cell phones and electronic devices because such behavior is visible and verifiable. Yet there are other distractions that also impact dedicated attention to the road. Children in the back seat; eating while driving; “rubbernecking” at other drivers or accidents; self-grooming; finding a radio station; and managing an unsecured dog or cat can all demand the driver’s concentration to the detriment of safe driving.