Florida’s texting while driving law has proven to be pointless
Bottom Line: In May of 2019 I had this to say of Florida’s proposed texting while driving legislation... Of all the issues getting the most play that’s the least consequential coming out of the 2019 state session, it’s texting while driving as a primary offense. The state legislature is set to pass it through to governor Ron DeSantis’s desk but here’s the thing. It might “feel” good for those who want government to do something and by the way, I’m with you – texting while driving is extremely dangerous – but the fact is that feeling is all it is, along with a new law in Tallahassee. Doubt me? I’ll illustrate the point.
Drivers don’t speed because it’s against the law, right? People also use turn signals when changing lanes and turning too, correct? Tailgating isn’t an issue because that’s also a violation. You get the point? But here’s the thing. At least those examples are enforceable. Texting while driving isn’t. At least not specifically as the text communication on a mobile device. It requires a warrant to obtain any information on a mobile device. That’s simply not happening for a traffic citation. That takes us back to what it really is that you’d be cited for... reckless driving which is already a primary offense.
Here’s the legal definition in Florida, "wanton disregard for property and safety of other drivers or pedestrians." Texting while driving was already explicitly prohibited in Florida. Therefore, if you’re distracted while using a mobile device you are engaged in wanton behavior. More importantly, from a legal perspective, that’s what would have to be used to enforce the citation. But enough with facts. It feels good right? The far more interesting component to the law is the addition of Florida’s first law to prohibit holding a mobile device while driving in a school zone or active work zone. That is new policy. Now we know just how right I was with that assessment.
The Florida Highway Safety and Motor Vehicles division is out with its annual report on Texting While Driving Violations. This is the first annual report with the texting while driving law in place for the full year. So, what happened? There were only 3,174 total citations for the entire state last year. This included the following in South Florida:
- Broward: 18 citations or about one every 20 days
- Miami-Dade: 295 citations or a little less than one per day
- Palm Beach County: 38 citations or about one every ten days
Florida’s three most populous counties and there you go. It illustrates the generally pointlessness of the law and it should be noted that deaths on Florida’s roads actually increased by 11% last year. Texting while driving should never happen but passing feel good laws also won’t solve the problem. Our roads are less safe today than they were prior to the passage of this law. We should place a point of emphasis on reckless driving of all types, of which texting while driving is already one, rather than tasking law enforcement with one more specific law which has proven to be largely unenforceable and highly ineffectual.
Photo Credit: Getty Images