Florida officers can now ticket drivers to enforce new texting while driving ban

ORLANDO, Fla. — A new Florida law goes into effect Monday, allowing law enforcement officers to stop and ticket drivers suspected of texting while driving.

Texting, emailing and instant messaging while driving will be considered a primary traffic offense.

A first offense will be punishable by a $30 fine. A second offense within five years will cost drivers $60, and three points will be added to his or her license.

"The law only specifically addresses a person typing into an electronic device," Florida Highway Patrol Lt. Kim Montes said. "Holding the phone, talking on the phone, using it as a GPS (device) -- that is still legal come Monday."

The ban does not apply to a driver whose vehicle is stationary, such as being stopped at a red light.

Montes said law enforcement officers are allowed to ask a driver to see their phone if they've been stopped for a texting violation. But, she said, the officer must tell the driver that they have the right to say no to handing over their phone to the officer.

FHP said it will issue warnings until New Year's Day, but the sheriffs of Orange and Volusia counties said their deputies will begin ticketing drivers Monday.

"We have had several crashes in this area the last couple of years (in which) the deceased driver actually still has the phone in the hand," Montes said.

Click here to read the law.

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Cox Media Group