- Florida lawmakers want to ban holding phones or tablets while driving.
- The proposal would make handheld device use a primary offense.
- Supporters say it could improve safety and clarify crash liability.
Mobile phones are as commonplace as wallets today. They are a part of everyone’s life, but they’re also a constant source of distraction. Now, lawmakers in Florida want to ensure that those distractions won’t lead to unsafe driving. Their intention is to make it lawful for police to pull over drivers who are simply holding their phone (or a tablet).
More: Florida Just Banned All Non-English Driver’s License Exams
The legislation, House Bill 1241 and its Senate counterpart SB 1152, would expand Florida’s current distracted driving law, which only allows officers to stop drivers for texting as a primary offense.
If approved, the new rules would prohibit operating a vehicle while “supporting the weight” of a wireless communications device in a handheld manner.
What Counts as ‘Holding’ a Device?
The proposed laws go well beyond texting. They would cover scrolling, video calls, GPS use, and even resting a device on your lap. The language defines “handheld manner” broadly, applying to phones, tablets, laptops, and other wireless devices, while exempting first responders and in-vehicle systems.
Transportation attorney Doug Burnetti says the shift would mark a major change in enforcement. Speaking with CBS12, Burnetti noted that officers would need clear training to ensure consistent enforcement and avoid profiling concerns. Unlike current rules, police wouldn’t need to prove a driver was texting. Merely holding a device would be enough.
Supporters argue the change could also reshape civil liability after crashes. Burnetti explained that proving a driver was actively texting at the moment of impact is often difficult, but a total handheld ban creates a clearer legal standard when determining negligence.
When a Tap on GPS Gets Expensive
The penalties can add up quickly. Violations in school zones or construction areas would carry a $150 fine and three license points. Repeat offenses could escalate to a $500 fine, four points, and a 90-day license suspension.
This year’s bills are still early in the process. HB 1241 is currently in committee, while SB 1152 was introduced in mid-January. If approved, the measures would take effect in mid-to-late 2026, potentially bringing Florida in line with more than 30 states that already enforce hands-free driving laws.
The Law Leaves Room for Interpretation
It’s worth noting that the language of the bill is a bit funny in the loophole it could leave wide open. Drivers who have a phone holder or tablet holder could technically skirt the law while continuing to use their device.
All of this also ignores the fact that data supports that large tablet-style infotainment systems are deeply distracting to drivers in the same way that phones can be. Would lawmakers support banning such devices? We doubt it.