Is Florida a Hands-Free State? What Distracted Driving Law Really Says

If you’ve ever glanced at your phone while driving, you’re not alone. But when that moment leads to a crash, the consequences can be serious legally, financially, and personally.

We talk to people every week who were injured by a driver who “was just checking a text.” One of the first questions they ask us is simple: “Is texting and driving actually illegal in Florida?” The short answer is yes.
The longer answer and what it means for your injury claim matter even more.

Is Texting and Driving Illegal in Florida?

Yes. Texting while driving is illegal in Florida under Florida Statute §316.305, commonly referred to as the Florida Ban on Texting While Driving Law.

• Type messages
• Read texts or emails
• Send messages or instant chats

while operating a motor vehicle.

This law has been in effect since July 1, 2019, and it applies statewide. Florida is not a fully hands-free driving state in all situations, but texting and reading messages behind the wheel is clearly prohibited.

What Counts as Illegal Texting While Driving?

Florida law focuses on manual interaction and reading or sending data for non-voice communication. That includes:

• Text messages
• Emails
• Direct messages or chats
• Reading messages on social media or apps

If your eyes are on the phone, or you are using any device while driving, and your hands are off the wheel, you’re likely violating the law.

One important detail is that a fully stationary vehicle, such as one that is legally stopped, is not considered “operating” under this statute. 

What Is Allowed Under Florida Driving Law?

Florida law does allow limited phone use in specific situations. Common exceptions include:

• Using GPS or navigation apps
• Voice-activated calls or messages
• Reporting an emergency or suspicious activity
• Receiving traffic, weather, or safety alerts
• Using vehicle-integrated systems

Still, “allowed” doesn’t mean “safe.” If phone use distracts a driver and causes a crash, it can still become a liability issue, even if no ticket was issued.

Those exceptions, however, do not apply everywhere. In certain areas, Florida law draws much firmer lines.

Stricter Rules in School and Work Zones

Florida imposes additional restrictions in certain areas under Florida Statute §316.306:

• School crossings
• School zones
• Active work zones

Drivers may not use a wireless communications device in a handheld manner at all.

An “active” work zone means construction personnel are present or equipment is operating near the roadway. These areas are heavily enforced, and violations can carry enhanced penalties.

Is Florida Becoming a Hands-Free State? HB 501 Explained

You may have seen headlines or social posts claiming Florida is now a “hands-free” state. That confusion comes from House Bill 501 (2025), a proposal of the hands-free law that would have significantly expanded Florida’s distracted driving laws.

HB 501 aimed to go beyond the current texting ban by:

• Prohibiting all handheld device use while driving, not just texting or reading messages
• Requiring ongoing phone use to be conducted through hands-free accessories, such as Bluetooth or integrated vehicle systems
• Revising penalty provisions, particularly in situations involving crashes, vulnerable road users, and repeat violations

The bill was introduced after several tragic incidents involving pedestrians and bicyclists killed by drivers using their phones. In statements supporting the bill, its sponsor cited a rise in distracted-driving crashes across Florida and pointed to growing insurance costs linked to those accidents.

Despite that push, HB 501 did not become law. The bill stalled during the 2025 legislative session and died in committee on June 16, 2025. No votes were taken, and no statewide hands-free mandate was enacted.

As of today, Florida law remains unchanged:

• Texting and reading messages while driving is illegal statewide
• Handheld phone use is prohibited in designated school crossings, school zones, and active work zones
• Florida is not a fully hands-free state outside of those specific areas

That distinction matters. Many drivers assume that if Florida isn’t “hands-free,” phone use doesn’t matter legally. In reality, texting behind the wheel is still a violation. Questions about enforcement often follow close behind. Many drivers wonder not just what’s illegal, but how far police can go when investigating phone use.

Does Texting Automatically Make a Driver at Fault?

Not by itself, but it can make a big difference.

Under Florida law, proving fault after a crash still requires evidence. You need to show that the other driver was negligent, that their negligence caused the accident, and that you suffered real damages because of it.

Texting while driving doesn’t automatically check all those boxes. But it’s often a major piece of the puzzle.

Why? Because texting behind the wheel is widely recognized as dangerous and irresponsible. Insurance companies know it. Juries know it. And when there’s evidence a driver was distracted, it can shift how fault is determined and how seriously your claim is taken.

In other words, it’s not just about what they were doing, it’s about how that behavior affected you. That’s where the legal side comes in, and where building the right case matters most.

How Can Police Prove the Driver Was Texting While Driving?

After a crash, most drivers don’t admit they were texting. That doesn’t mean it can’t be proven, it just means the proof has to come from the right places. And in our experience, it often does.

Here’s how distracted driving is uncovered in real cases, even without a direct confession:

• Witness statements: Bystanders or passengers may report seeing the driver holding a phone, looking down, or swerving in the moments before the crash. Their perspective matters.
• Traffic or dash-cam footage: Video can catch what a driver was doing before impact, whether they were reaching for something, not watching the road, or reacting too late.
• Vehicle data: Modern vehicles store critical information like speed, braking, steering input, and seatbelt use. If the driver didn’t brake or swerve, that might point to distraction.
• Time-stamped phone activity: In more serious crashes, phone records can be obtained legally. Texts, app use, and even call logs can help build a timeline that shows the driver’s attention was elsewhere.
• Crash-scene physical evidence: A lack of skid marks or any attempt to avoid the collision often speaks volumes. These signs are consistent with a driver who wasn’t looking and weren’t ready to react.
• Officer observations: Police on the scene often note a driver’s behavior, confusion, or statements like “I didn’t even see them.” These details, especially in the official report, can carry serious weight later on.
• The phone itself: If it was found unlocked, open to a messaging app, or in the driver’s hand after the crash, that observation may be documented in the report and could be used as evidence. One important note: Police cannot search a driver’s phone without consent or a warrant. Florida law requires them to inform the driver of that right. But that doesn’t mean phone use is off-limits. But evidence has to be gathered through proper channels, like phone records or witness statements.

Texting and driving is rarely proven by a single piece of evidence. It’s established by connecting witness accounts, crash-scene details, vehicle data, and phone records to show the driver wasn’t paying attention when it mattered. If you believe the other driver was texting or distracted when they hit you, there are a few steps you can take after the crash that can shape your case.

What to Do If You Were Hit by a Distracted Driver

You don’t need to prove it on your own but what you do next can help us prove it for you.

1. Get medical care immediately
   Even if you feel okay, get checked out. Injuries from distracted driving crashes, especially rear-end or T-bone collisions, can show up hours or days later. Delaying care could hurt both your recovery and your claim.
2. Call law enforcement to the scene
   Always get a police report. Officers may note important observations about the other driver’s behavior or statements. That documentation becomes part of your case.
3. Look for witnesses and surveillance cameras
   Get names and contact info for anyone nearby. Nearby businesses or homes may have security footage that captured the crash, but that data can disappear fast.
4. Take photos and videos if you’re able
   Capture the position of the vehicles, skid marks (or lack of), debris, and anything else that might show how the crash happened.
5. Avoid confronting the other driver
   Stay calm, say as little as possible, and never accuse them of texting.
6. Save your own dash cam
   If you have dash cam video, back it up immediately.
7. Talk to a lawyer early
   Distracted driving cases can turn quickly. Evidence disappears. Stories change. The sooner the right steps are taken, the stronger your position usually is.

Can You Sue Someone for Using a Phone While Driving in Florida?

Yes, you can sue someone for using their phone while driving, if their distraction caused the crash and your injuries.

In Florida, the fact that texting while driving is a traffic violation supports a negligence claim, but it’s the harm they caused that matters most. Even if the traffic penalty is minor, you may still have the right to pursue full compensation through a civil lawsuit, including damages for medical expenses, lost wages, pain and suffering, and any long-term impact on your health or livelihood.

At Steinger, Greene & Feiner, we’ve helped thousands of clients across Florida with offices from West Palm Beach, Miami, Fort Lauderdale, Tampa, Port St. Lucie, Fort Myers, and beyond to hold negligent drivers accountable. We know how insurers defend these claims and how to push back.

We offer a free, no-obligation consultation to help you understand where you stand and what options may be available. Every case is different, but you deserve clear answers before making decisions that affect your recovery.