A new proposal in Florida aims to crack down on distracted driving by expanding the scope of enforcement beyond texting. The legislation, House Bill 1241 and its Senate counterpart SB 1152, would make it lawful for police to pull over drivers who are simply holding their phone or a tablet.
This change would broaden the definition of 'distracted driving' to include any handheld device use, such as scrolling, video calls, GPS navigation, and even resting a device on one's lap. The proposed laws would apply to phones, tablets, laptops, and other wireless devices, while exempting first responders and in-vehicle systems.
If approved, the new rules would take effect in mid-to-late 2026 and carry penalties ranging from $150 fines and three license points for minor offenses to $500 fines and a 90-day license suspension for repeat offenders. However, some experts have raised concerns about the potential for loopholes and inconsistent enforcement, particularly with regards to devices that can be secured with holders or mounts.
The shift in enforcement would mark a significant change in the state's approach to distracted driving, and its impact on civil liability after crashes remains to be seen.
This proposal represents a significant shift in Florida's approach to distracted driving, and it will be interesting to see how it plays out. The key challenge will be ensuring that law enforcement officers receive the necessary training to consistently enforce the new rules without creating unintended consequences or profiling concerns.
