Florida’s New Texting and Driving Law: Answers to Common Questions

Florida’s New Texting and Driving Law: Answers to Common Questions

A Quick-Start Guide to Florida’s New Texting and Driving Law

We recently shared a blog about Florida’s new texting and driving law, and the unintended consequences that may result from the law. While there is some more in depth information in that article, we also want to provide you answers to common questions. When it comes to questions about texting and driving in Florida, use this as a fast guide:

Can I text and drive in Florida?

No, it is illegal to text and drive in Florida. This includes any form of communication, such as texting, e-mailing, instant messaging, or using social media.  


Can I text at a red light in Florida?

Yes, it is legal to text at a red light. The Florida statute (316.305 f.s.) states “a motor vehicle that is stationary is not subject to the prohibition,” so you can text while at a red light or any time when your vehicle is not being operated.


Can I text while driving my Tesla in autopilot?

Yes, you can text while driving your Tesla in autopilot in Florida. The statute says the regulations do not apply when “operating an autonomous vehicle, with the automated driving system engaged.”


If I’m pulled over for texting and driving, can a cop search my phone?

No, a cop cannot search your phone if you’re pulled over or caught for texting and driving in Florida. The statute has built in safeguards in order to protect people who are pulled over, including the fact that an officer must inform you of your right to decline a search of your device. It is illegal for a cop to access your device without a warrant. Police also cannot confiscate your device while waiting for a warrant and cannot coerce you to submit to an unlawful search.  


What are the consequences of texting & driving in Florida?  

According to the law, the first offense for texting and driving can result in a $30 fine, while a second offense may result in a $60 fine. Additionally, points will be added to people’s licenses and court costs may increase the fine to $108.

Free Traffic Crimes Criminal Defense Strategy Session in South Florida

We handle traffic crime cases of all types. We know how to protect your rights and provide you with an individualized and aggressive defense to your criminal charges.

We offer FREE strategy sessions so you know how we’ll prepare to get the best possible result on your case. 

If you or someone you know is pulled over by police and cited for texting and driving, only for the officer to then start a DUI or any other type of investigation — reach out for a free consultation with Adam or Manny at the Rossen Law Firm today. You can also reach out if you’ve been cited for texting and driving but want to avoid getting points on your license.


Learn how we got a Driving While License Suspended case dismissed and cleared our client’s driving record so they could get their license back.

Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
How We Win
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
Google Reviews
kevin tabronkevin tabron
00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
Jason HigleyJason Higley
15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
Felix I HFelix I H
13:27 28 Jul 22
Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
Terry ChristopherTerry Christopher
12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
Ketiana ProvinceKetiana Province
20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.