Florida Bill Proposes Total Ban On Holding Phones While Driving

A new bill filed for the 2026 legislative session seeks to replace Florida's current texting-while-driving ban with a much broader prohibition. Senate Bill 1152, also known as the "Florida Hands-Free Driving Law," would make it illegal to hold any wireless communications device while operating a motor vehicle.

What’s Banned?

If passed, the law covers more than just cell phones. The ban applies to smartphones, tablets, laptops, gaming systems, and any handheld device capable of displaying video or images.

This would be a primary offense, meaning police are authorized to pull you over solely for seeing you hold a device, even if you haven't committed any other traffic violation.

Why Now?

The push is driven by safety concerns. State data shows that in 2024 alone, nearly 300 people were killed and more than 2,200 suffered serious injuries in crashes involving distracted drivers.

Strict Penalties for School & Construction Zones

The bill outlines escalating consequences for violations, which are categorized as noncriminal traffic infractions. The proposal includes particularly strict penalties for violations that occur in designated school or construction zones:

First Violation: A $150 fine and 3 points on your license. (First-time offenders may have the option to enter a driving safety program to waive these penalties.)

Second Violation (within 5 years): A $250 fine and 3 points on your license.

Third Violation (within 5 years): A $500 fine, 4 points on your license, and a mandatory 90-day suspension of driving privileges.

Privacy & Enforcement

Supporters argue the current law is too difficult to enforce because officers must prove a driver was specifically texting. The new bill would create a clearer standard.

Importantly, the bill includes privacy protections: law enforcement officers would not be allowed to search or confiscate a driver's phone without a warrant.

When Would It Start?

The bill is set to be considered during the 2026 legislative session. If approved, the law is scheduled to take effect on October 1, 2026.