Understanding Florida’s Hands-Free Driving Law: What You Need to Know

Written by Mary Salatino | Edited by Michael Purser

It’s easy to fall into the habit of constantly checking your phone. We bring them to the bathroom, check texts at dinner and replace real-life social interactions with endless scrolling. It’s safe to say that smartphones are deeply ingrained into daily life.

Constant phone use can take our attention away from important tasks — especially driving. Using a cellphone behind the wheel is one of the leading causes of distracted driving, which puts everyone on the road at risk.

Florida's hands-free device law was created to address the dangers posed by our ever-present mobile devices. Read on to learn about the law, the fines for breaking it and how a defensive driving course can help you avoid accidents.

About Hands-Free Driving

Let’s be honest — most of us have looked at our phones while driving. It’s a bad habit, but unfortunately, a common one. Studies show that about 37% of Americans admit to texting while driving. And worse, hundreds of people are killed each year due to distracted driving.

To provide an incentive to stop this bad behavior, lawmakers in Florida created a hands-free driving provision with serious consequences. Florida Statute 316.305, more commonly known as the Florida Ban on Texting While Driving Law, was passed in 2019 to improve road safety and prevent accidents.

This law prohibits the use of hand-held telephones or other personal mobile devices while driving. High-risk areas such as school zones and construction sites are especially off limits. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) encourages drivers to comply with this law to keep everyone safe.

Provisions of Florida’s Hands-Free Law

The Florida Ban on Texting While Driving Law was created to reduce distracted driving and prevent accidents. Basically, if your phone is in your hand, you’re breaking the law.

Although texting while driving is usually what people immediately think of when they think of distracted driving, there are other phone-related activities that can get you into trouble, or into a deadly crash. Prohibited activities include emailing, scrolling social media, attending to work messages and more. No matter what is stealing your attention, it’s illegal to use a hand-held device while driving.

This is especially true for school zones and construction sites. Penalties are even stricter in these areas. Even holding your phone while taking a call can result in a citation.

Are you always on the go and find that your phone is constantly ringing? Lucky for you, hands-free calls are allowed. Conducting a call via Bluetooth, speakerphone, a vehicle system or a voice-activated assistant (such as Siri or Google Assistant) is a safer — and legal — alternative to clutching your device.

In an emergency, it’s OK to use your hand-held device to call for help. Floridians may use phones to respond to an accident, medical emergency or vehicle breakdown, for instance.

Fines and Penalties

Breaking the hands-free law results in fines, points on your license and even spiked insurance rates. Violations and their penalties are laid out in Sections 316.305 and 316.306, Florida Statutes.

First Offense

  • Considered a non-moving violation
  • Fine: $30 (excluding court fees and surcharges)
  • No points added to the driver’s license

Second Offense (Within Five Years)

  • Upgraded to a moving violation
  • Fine: $60 (plus court costs)
  • Three points added to the driver’s license

Violations in School and Work Zones

  • Automatic moving violation, even for a first offense
  • Fine: $60, plus court costs and fees
  • Three points added to the driver’s license

Accumulating points on your record can lead to higher insurance premiums. Insurance providers typically view hand-held phone use as risky behavior, which can contribute to premium increases.

If enough points are accrued, you can even face license suspension. In some cases, you might also be required to appear in court or pay steep fines. It’s likely you’ll have to attend court in the state or county where the violation occurred.

Completing an online Florida Advanced Driver Improvement (ADI) course is a convenient way to get your license reinstated.

Alternative Phone-Usage Options

There are many hands-free cellphone use options to help you keep your eyes on the road and avoid accidents:

Use Hands-Free Technology

  • Enable Bluetooth or speakerphone for calls.
  • Use voice commands with digital assistants like Siri or Google Assistant.
  • Invest in a phone mount to keep your device accessible without holding it.

Set Up Your GPS Before Driving

  • Input your destination before starting the vehicle.
  • Use audio navigation to avoid looking at the screen while driving.

Use “Do Not Disturb” Mode

  • Try the Do Not Disturb While Driving feature on your cell phone to silence notifications.
  • Enable auto-reply for texting to inform others you’re driving and will respond later.

Avoid Using Your Phone at Stoplights

  • The law applies even when stopped at a red light.
  • Keep your hands on the wheel and be prepared for traffic changes.

Prepare for Emergencies

  • If you need to make an emergency call, use hands-free mode or pull over.
  • Know that you can legally report crashes, hazards or crimes using your phone.

The Role of Defensive Driving

Completing a defensive driving course — also referred to as the 8-Hour Intermediate Driver Improvement Course — can help reduce distractions and keep people safe from injury. Focusing on driving instead of responding to a text minimizes distracted driving risks.

Defensive driving is the practice of being aware and making smart decisions behind the wheel. It teaches students how to avoid dangerous activities such as messaging, reading or talking on a cell phone while driving. Maintaining control of the vehicle and keeping your hands on the road is a key component of driving defensively.

It’s also important to resist the temptation to check your phone while driving. The urge to glance at notifications can be overwhelming, but it’s important to remember the dangers of even the smallest lapses in focus. Self-discipline helps you follow state laws and keeps you and other motorists safe.

Leave the Distractions Behind

Do you want to take your safe driving skills to the next level? Take a minute to enroll in our Florida-approved defensive driving course today. You’ll learn how to avoid distractions and improve your reaction time. You may even qualify for insurance discounts. Let us help you stay safe and compliant with every trip.