Tampa, Fla. (News Radio WFLA) – Florida’s newest texting while driving law will take effect on October 1st of this year, making it a primary offense, or traffic violation, that you can be pulled over for, short of doing anything else.
While the main point of the law is to cut down on distracted driving crashes overall, drivers will not be able to text, email or do anything on a phone or electronic device that requires manually typing multiple letters or numbers while your car is moving.
So, what happens if a law enforcement officer catches you in the act? Here’s what you need to know.
Talking vs. Texting: When and Where
Driver’s will still be able to talk on their phones while you are driving or stopped at a light. Texting or any form of typing on your phone will be allowed if you’re vehicle is stopped or stationary. That rule, however, will not apply if you are stopped in a school zone, waiting to pick up your children, for example.
An all-out ban on texting will also apply if you are stopped in a work or construction zone.
The new law still allows you to access apps that you can open with a single touch including navigation, maps, GPS, weather, traffic and safety alert features.
Do You Need to Turn Over Your Phone If You Are Stopped?
The short answer is no.
Any law enforcement officer will be required to tell drivers they have the right to refuse any search of a communication device. By law, a search warrant is needed to seize or go through any phone or electronic device.
Officers will not be able to make you wait in order to get a search warrant if they are only issuing a traffic ticket. However, if texting is suspected in the cause of crash involving death or serious injury, police will be able to detain you and your device while they get a search warrant.
A driver’s consent will be required otherwise to take a phone or electronic device.
How and When Will the New Law Go Into Effect?
Beginning October 1st through December 31st of this year, officers will issue verbal or written warnings to drivers with the goal of educating and informing them of the dangers of distracted driving.
After January 1, 2020, citations will then be issued punishable by a fine and/or court costs. Drivers will be able to fight the citations in traffic court and require the officer issuing the citation to appear in court if a hearing is requested.