SB 90/HB 33 – The measures that would have upgraded texting while driving from a secondary offense to a primary offense did not make it to the Governor Rick Scott’s desk this year. As a secondary offense, police officers must see another violation such as speeding before they cite a driver for
texting. Florida is only one of four states that currently charges texting while driving as a secondary offense instead of primary.
The Florida House voted 112-2 in support of making texting while driving a primary offense, however there has been opposition from the Senate and their version stalled in Appropriations, with the chair of that committee citing concerns about racial profiling and giving police the ability to look through personal cell phones.