A violation of the Florida Ban on Texting While Driving Law is a noncriminal traffic infraction punishable as a nonmoving violation. However, a second or subsequent violation within 5 years after the date of a prior violation is punishable as a moving violation.
Any violation of the new law (§316.306, Fla. Stat.) is a noncriminal traffic infraction punishable as a moving violation and results in the assessment of 3 points against your driver’s license. First time offenders may elect to participate in a wireless communications device driving safety program after which any penalties and costs may be waived and the assessment of points must be waived. If you are a first-time offender and provide the clerk of court with proof of purchase of equipment enabling your wireless device to be used in a hands-free manner, the clerk may dismiss the case and assess court costs for a nonmoving infraction.
A court appearance is not generally required for a violation of this law, but any other offense for which you are also cited may require you to appear in court. Always read any traffic citation carefully and consult an attorney if you are unsure of your rights and obligations.