Florida’s approach to distracted driving and cell phone searches during traffic stops has evolved in recent years, balancing public safety with constitutional privacy protections. Here’s what every driver in Florida should know about their rights and the law in 2025.
Your Rights During a Traffic Stop
When you are pulled over in Florida-especially for suspected texting or handheld device use-law enforcement officers must follow strict legal procedures regarding your phone:
1.) Police cannot search your phone without a warrant. Officers are expressly prohibited from accessing your wireless device unless they have obtained a search warrant from a judge.
2.) You have the right to decline a search. Officers must inform you of your right to refuse a search of your phone. Any consent you give must be voluntary and unequivocal-coercion or intimidation is not allowed.
3.) Police cannot confiscate your phone while waiting for a warrant. If an officer wants to search your device, they cannot seize it and hold it while seeking a warrant.
4.) Your consent matters. If you do consent to a search, it must be clear and given freely. You are within your rights to politely decline any request to search your phone or vehicle.
Florida’s Distracted Driving Laws in 2025
Florida’s cell phone laws have become increasingly strict in response to the dangers of distracted driving:
1.) Texting while driving is a primary offense. Since July 1, 2019, officers can stop drivers solely for texting behind the wheel-no other violation is necessary.
2.) Handheld device use is broadly prohibited. As of 2025, drivers must use hands-free accessories for any sustained use of wireless devices while operating a vehicle.
3.) Special restrictions in school and work zones. Using a handheld device in these areas carries higher penalties and points against your license.
Penalties and Enforcement
First offense: Non-moving violation, $30 base fine (up to $108 with court costs).
Second offense (within five years): Moving violation, $60 base fine (up to $158 with court costs) and three points on your license.
Detection methods: Officers rely on visual cues-such as drivers looking down or the glow of a phone screen. Some use elevated vantage points or unmarked vehicles for better observation.
Latest Distracted Driving Statistics in Florida
- In 2022, distracted driving led to 56,261 crashes, resulting in 271 fatalities and 2,928 serious injuries.
- 9,015 crashes were specifically linked to electronic communication device use.
- Distracted driving is the second leading cause of crashes in Florida, after driving under the influence.
Legislative Updates for 2025
A new bill, SB 1318 (“Florida Hands-Free Driving Law”), is under consideration to expand the current ban on texting to all handheld device use. If enacted, it would align Florida with 31 other states that have comprehensive hands-free laws and could introduce stricter enforcement technologies in the near future.
Conclusion
Florida law is clear: police cannot search your phone during a traffic stop unless they have a warrant or you give clear, voluntary consent. Officers must inform you of your right to refuse, and they cannot confiscate your device while seeking a warrant.
With distracted driving remaining a major cause of accidents and fatalities in Florida, the state continues to strengthen its laws and enforcement-but your constitutional rights to privacy remain firmly protected. Always know your rights and exercise them if asked to hand over your phone during a traffic stop.
Source:
[1] https://www.dontgethittwice.com/blog/2025/april/the-latest-news-on-florida-cell-phone-driving-la/
[2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0316%2FSections%2F0316.305.html
[3] https://www.marshalllawtampa.com/blog/florida-stop-and-frisk-law/
[4] https://www.aclufl.org/en/know-your-rights/know-your-rights-if-you-are-approached-or-arrested-law-enforcement-police
[5] https://www.rossenlawfirm.com/blog/if-im-pulled-over-for-texting-and-driving-can-a-cop-search-my-phone-no-says-fort-lauderdale-criminal-defense-attorney/
[6] https://www.flsenate.gov/Session/Bill/2025/1318/Analyses/2025s01318.pre.rc.PDF
[7] https://www.payerlawgroup.com/blog/what-are-my-rights-when-im-pulled-over-in-florida/
[8] https://www.meltzerandbell.com/news/understanding-floridas-stop-and-frisk-law-901-151-florida-statute/