LEGAL ALERT!!

 June 6, 2013

NEW FLORIDA TEXTING LAW IS NOW IN EFFECT

           Florida’s new “no texting while driving law” was signed by Governor Scott last week.  The new law only applies if you are pulled over for something other than texting, such as speeding or driving erratically.  As such, the new law is considered a “secondary” offense and you may only be cited for texting if you have committed another traffic infraction. The law does not apply if you are texting while stopped in traffic or at a traffic light, and you are only prohibited if you are the driver while the vehicle is in motion.  In addition, law enforcement may not look at a driver’s cell phone to seek evidence of texting unless there was an accident with injuries or death.

           Although the law is not nearly as severe as other states, the first violation is a $30 fine plus court costs. A subsequent violation within five years adds three points to the driver’s license and is a $60 fine. Other states, including Ohio and New York have already signed anti-texting laws this past month and the Federal Government is on the cusp of enacting legislation against interstate truckers from texting or using cell phones.  

          While 73% of Floridians support anti-texting laws, the present law will fall well short of a total prohibition and is considered an incremental step to the ultimate goal of enacting a total ban.  Nevertheless, the present bill sends a clear message to would-be distracted drivers.

Don’t text and drive!

EDWARD P. JORDAN II, ESQ.