State Politics

Governor signs bill: Texting while driving will soon get you pulled over in Florida

Gov. DeSantis hopes newly texting while driving signed bill will make roads safer

Gov. Ron DeSantis signed a bill Friday, May 17, 2019 making texting while driving a primary offense in Florida, meaning officers can pull over drivers spotted texting and driving.
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Gov. Ron DeSantis signed a bill Friday, May 17, 2019 making texting while driving a primary offense in Florida, meaning officers can pull over drivers spotted texting and driving.

Gov. Ron DeSantis signed a bill Friday that toughens Florida’s prohibition on texting while driving, hoping to crack down on one of the most dangerous forms of distracted driving.

Starting July 1, police will be allowed to stop and ticket drivers for texting while they’re behind the wheel of a moving car, with limited exceptions. Drivers will still be able to use their phone while their car is stopped.

Speaking at a Sarasota high school Friday, DeSantis called texting “one of the worst of all driving distractions,” and said it has caused thousands of accidents and hundreds of deaths in the state.

“You can see people really lose control on the road,” DeSantis said. “I’ve seen it myself.”

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Texting while driving has been illegal in Florida for years, but police can’t stop you for it. Because of that, it has barely been enforced — not even 1,700 tickets were issued for it in the state last year.

Lawmakers and the governor said they hope the new law will change the culture of driving in Florida, a state rich in statistics and anecdotes detailing the dangerous habits of its drivers.

A sponsor of the legislation, Sen. Wilton Simpson, R-Trilby, said he hoped putting down the phone will be as common as putting on a seat belt — even if drivers might bristle at the additional regulation.

“Back then we thought, ‘Why are we having to wear seat belts? Why is the government intruding in our lives?’ ” said Simpson, who sponsored the bill in the Senate. “And as we know today, no one would get in the vehicle without putting their children and themselves in a seat belt. It’s second nature.”

Making it easier to stop drivers for texting was the top priority of the Florida Police Chiefs Association this legislative session, Bradenton Police Chief Melanie Evans said. But some police say the new law doesn’t go nearly far enough.

Drivers are still allowed to use their phones to navigate, make phone calls and read emergency messages, such as weather alerts.

The only exception is in school and work zones, where drivers are not allowed to be handling their phones except for emergencies. That provision takes effect Oct. 1, but police will only stop and warn drivers about this part of the new law up until Jan. 1. Then, starting New Year’s Day, police will start issuing tickets in school and work zones for drivers who handle their phones but aren’t necessarily texting.

And the penalties are still weak. It’s just a $30 fine plus court fees for a first offense. For a second offense, it’s $60 plus court fees and three points on a driver’s record. Texting within a school or work zone carries points on the first offense.

Lawmakers have tried for years to allow police to crack down on distracted drivers, led by state Reps. Jackie Toledo, R-Tampa, and Emily Slosberg, D-Boca Raton. Toledo on Friday called texting while driving an “epidemic.”

“We all see it, and frankly, we’ve all done it,” she said.

But the Legislature has failed to pass the bill for years over civil rights concerns. This year’s law passed with two important provisions.

For one, police have to record the race and ethnicity of each driver they ticket and send that information to the state, so officials can see whether the new law is being applied unevenly.

And it can be difficult for police to to prove whether someone was texting, rather than using a navigation app. To prevent police from using a stop as a means to search a driver’s phone, lawmakers required that police have to tell drivers that they have the right to decline a search of their phone.

In 2015, 3,477 people were killed, and 391,000 were injured in motor vehicle crashes involving distracted drivers. If you text and drive, your next message may be your last.

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