Our Sept. 20 blog included a report about the Florida school bus driver who was caught on video texting while driving a bus full of middle students. That report and many others have included information about the state’s law banning texting while behind the wheel that goes into effect Oct. 1. It’s been reported that school bus drivers are exempt under this law, but in reality, they are not exempt.
Below is a clarification on laws in Florida regarding texting while driving:
- There is already a law on the books in Florida, Sections 316.3025 and 322.27, Florida Statutes, that extend the federal requirements prohibiting texting and use of a mobile telephone while driving, to include intrastate Florida commercial drivers, including all school bus drivers. The federal requirements are at 49 CFR, Sections 392.80 and 392.82. These Florida Statutes, passed by the Florida Legislature in their session earlier this year and became effective July 1, carry some hefty penalties, starting with a $500 fine for the first violation for the driver, and a potential civil penalty of $2,750 for any company that requires or allows violations.
- The law cited in the reports that goes into effect on Oct. 1, which prohibits texting by any Florida motorist (Section 316.305, F.S., the “Florida Ban on Texting While Driving Law”), does NOT exempt public school bus drivers. It’s a secondary offense, meaning that an officer cannot stop a driver only for that violation, so it’s not as strong as the other laws already on the books for school bus drivers and other commercial drivers.
These and all other Florida laws can be found here under the Statutes link.