Florida Texting and Driving Law: Fines, Points, Zones

Photo: Elbert Hampton, CC0, via Wikimedia Commons

In Florida it is illegal to type, send or read texts, emails or instant messages on a handheld device while driving, and in school zones, school crossings and active work zones you cannot hold a phone at all. Officers can stop you for either offense. This guide covers both laws, the exceptions, the fines and points, and what they mean for learner and teen drivers.

Key facts

Florida Ban on Texting While Driving Law (s. 316.305): no typing or reading messages while the vehicle is moving.
School and work zones (s. 316.306): no handheld use of any wireless device. Hands-free only.
First texting offense: nonmoving violation, no points. Second within 5 years: moving violation, 3 points.
School or work zone offense: moving violation, 3 points.
There is no separate phone rule just for teens in either statute, but points hit under 18s harder.

Is texting while driving illegal in Florida?

Yes. Under s. 316.305(3)(a), you may not operate a motor vehicle while:

manually typing or entering multiple letters, numbers or symbols into a wireless communications device, or
sending or reading data on it for nonvoice communication such as texting, email or instant messaging.

The law covers any handheld device that can send text messages, store data or connect to the internet. A vehicle that is stationary is not being “operated” for this rule.

What you can still do under the texting law

Use a device or system for navigation.
Receive navigation, vehicle, safety, emergency, traffic or weather alerts, and radio broadcasts.
Communicate in ways that need no manual typing or reading of messages, beyond tapping to activate or end a feature, such as voice-to-text through the car.
Report an emergency, a crime or suspicious activity to law enforcement.
Operate an autonomous vehicle with the automated driving system engaged.

Emergency vehicle drivers and police, fire and EMS professionals on duty are also exempt.

Hands-free only in Florida school zones and work zones

Section 316.306 goes further in three places. In each one you may not use a wireless device in a handheld manner at all, including for calls:

a designated school crossing
a school zone
a work zone, but only when construction workers are present or operating equipment on or right next to the road

The ban covers phones, tablets, laptops, two-way messaging devices and handheld electronic games. Built-in vehicle features that need no handheld device are fine.

Allowed in these zones:

hands-free or voice-operated use, including a factory-fitted or aftermarket Bluetooth device
hands-free navigation
receiving safety alerts and radio
reporting an emergency or crime

As with texting, a stationary vehicle is not covered.

Florida phone ticket fines and points

Offense	Type	Base civil penalty (as of November 2026)	Points
Texting, first offense	Nonmoving	$30	None
Texting, second or later within 5 years	Moving	$60	3
Handheld use in a school or work zone	Moving	$60	3
Unlawful phone use that results in a crash	Moving	Depends on the offense	6
Any moving violation committed while unlawfully using a phone in a school safety zone	Moving	Depends on the violation	+2 extra

Base penalties are from s. 318.18(2) and (3)(a). Court costs are added on top. Points are from s. 322.27(3)(d).

Getting a first school or work zone ticket waived

For a first offense under s. 316.306 you have two options:

Take an FLHSMV-approved wireless communications device driving safety program instead of the penalty. On completion, the points must be waived and the fine and costs may be waived.
Show the clerk proof that you bought hands-free equipment for your phone. The clerk may dismiss the case, with court costs.

Can police check your phone during a Florida stop?

Under both laws, an officer who stops you must tell you that you have the right to decline a search of your device. The officer may not:

access it without a warrant
confiscate it while waiting for a warrant
pressure you into consenting

Phone billing records can only be used as evidence after a crash causing death or personal injury (serious bodily injury for the zone law).

What this means for Florida learner and teen drivers

No separate teen phone ban: neither s. 316.305 nor s. 316.306 sets a different rule for learner’s license holders or drivers under 18.
Delayed license: a moving violation conviction while on a learner’s license can delay your Class E license. You need 12 months with no moving traffic convictions, unless you elected a driving course and adjudication was withheld (s. 322.05).
The 6 point rule: at ages 15 to 17, 6 points in 12 months restricts your license to business purposes only for at least a year (s. 322.161). Two zone tickets get you there.
Exam questions: distracted driving is part of the Florida handbook, so expect questions on the Florida Class E knowledge test.

A practical habit for new drivers: set your navigation and music before you move, and put the phone where you cannot reach it.

Common questions

Is it illegal to hold your phone while driving in Florida?

Only in school crossings, school zones and active work zones, under s. 316.306. Elsewhere, the texting law bans typing and reading messages but does not ban holding a phone for a voice call.

Can I text at a red light in Florida?

Both laws say a stationary vehicle is not being operated, so they do not apply while you are fully stopped. They apply again the moment the car moves, so put the phone down before the light changes.

Can I use GPS on my phone while driving in Florida?

Yes, navigation is an exception to the texting law. In school and work zones it must be hands-free.

Is texting and driving a primary offense in Florida?

Yes. The law expressly authorizes officers to stop vehicles and cite drivers who are texting while driving, and to stop drivers using a handheld device in school and work zones.

Does a texting ticket affect my insurance?

A first texting offense is a nonmoving violation with no points. How insurers rate any conviction is up to the insurer.

Do other states have stricter phone laws?

Many ban all handheld use. Compare hands-free and texting laws for US drivers.

Sources

Florida Legislature, “Florida Statutes s. 316.305, Wireless communications devices; prohibition” (leg.state.fl.us)
Florida Legislature, “Florida Statutes s. 316.306, School and work zones; prohibition on the use of a wireless communications device in a handheld manner” (leg.state.fl.us)
Florida Legislature, “Florida Statutes s. 318.18, Amount of penalties” (leg.state.fl.us)
Florida Legislature, “Florida Statutes s. 322.27, Authority of department to suspend or revoke driver license” (leg.state.fl.us)
Florida Legislature, “Florida Statutes s. 322.161, High-risk drivers; restricted licenses” (leg.state.fl.us)
Florida Legislature, “Florida Statutes s. 322.05, Persons not to be licensed” (leg.state.fl.us)

Florida Texting and Driving Law and Hands-Free Zones