Many people believe that most distracted driving accidents are caused by the Gen Z generation. This is mainly because they perceive that young drivers lack the skill and experience to drive safely and avoid accidents. 

It may come as a surprise that the most recent traffic data revealed Millennials as the most dangerous drivers. Drivers between the ages of 25 and 34 cause the most accidents and fatal crashes. Millennial drivers are also second in line when it comes to accidents caused by distractions. 

This is quite terrifying because distracted driving can lead to a devastating accident, injuries, property damage, and death. Not to mention that millennials also hold the record for the highest number of DUI crashes. 

Conversely, the safest drivers are Baby Boomers, with Gen Z coming in second as extremely safe drivers. This also means that compared to Millennials, Baby Boomers and Gen Z drivers are far less distracted. 

One of the biggest issues in Florida at the moment is drivers who text while on the road. There were 333 distracted driving fatalities in Florida in 2021 alone, with texting playing a major role. This is on top of the non-fatal 1,000-plus distracted driving crashes that happen in the state every week. 

This is why Governor DeSantis signed a bill into law that states texting while driving in Florida is a primary offense. 

Cell Phone Laws in Florida

Cell phones are among the leading causes of distracted driving. Even though it is illegal to text and drive, too many drivers do it. Drivers also tend to search the internet or fiddle with their mobile GPS while driving. 

In Florida, using earphones or headphones while driving is illegal, but many drivers do not care about these restrictions.

Still, while these laws are fairly prohibitive, it is legal for Florida drivers to make or receive calls while driving and use voice-activated technology to ‘text’ while driving. 

But, this does not solve the problem of distracted driving. If anything, it makes the problem worse. Anything that takes a driver’s attention off the road ahead is a distraction. 

Florida Cell Phone Statutes

Two statutes deal with cell phone use while driving. Florida law 316.305 prohibits wireless communications devices (essentially banning texting while driving).

This law goes into detail by stating that drivers may not operate their vehicle while typing letters, numbers, or symbols into a cell phone (wireless communications device) and may not send or receive data on these devices while driving. 

Florida law 316.306 deals with distracted driving while in a school or work zone. Drivers may not use devices held in their hands while driving in these zones, including cell phones. This applies to talking on a cell phone or using it for texting. 

Drivers are, however, allowed to talk or text using their phones while stopped in these zones. 

The Role of Law Enforcement

According to Florida law, the police can pull a driver over for violating laws 316.305 and 316.306. Police officers are not permitted to search a phone without a warrant, which means they cannot search a phone because a driver was texting while driving. 

A driver violating the abovementioned laws will receive a ticket, and the state will receive the driver’s details. 

Furthermore, the police may pull a driver over if they are wearing a headset or headphones over both ears. The same goes for earphones in both ears. If a driver listens to music through one part of the headset or one earphone, they will not be pulled over. 

The idea behind this is that a driver must have one ear uncovered to listen for potential road hazards or dangerous incidents. 

What Are the Penalties for Distracted Driving in Florida?

Distracted driving penalties are the same across the board. First offenses are punishable with a $30 fine. A second citation is $60, and points are added to the driver’s license. The inevitable court costs could push the penalty to at least $108. 

Some drivers may think they will not be caught texting and driving, but these penalties aim to deter risky behaviors that contribute to distracted driving accidents. However, police often wear disguises to catch drivers in the act.

Drawbacks of Banning Texting and Driving

The laws that ban texting and driving in Florida have some drawbacks. However, these drawbacks mainly affect law enforcement. For instance, if a police officer pulls over a driver because they suspect they were texting and driving, the officer must prove that this happened.

Because an officer cannot check a driver’s phone without a warrant (and the driver can refuse a search), they cannot do much to prove texting and driving. 

It is still unclear how this type of situation will be handled as they arise. 

There is also an ongoing concern that the ban on texting and driving will affect people of color more in the sense of racial profiling. Therefore, the law states that police must note and document the race of drivers stopped for texting while driving. 

How Drivers Can Avoid Fines

It is easy for drivers of all generations (Gen Z, Millennials, Gen X, and Baby Boomers) to avoid fines. They should stop driving while texting or talking on the phone. The fact is that distracted driving accidents are deadly, and by stopping this behavior, more lives will be saved. 

No driver, no matter how skilled and experienced, should multitask while driving. This includes driving and talking or texting using hands-free technology. 

Studies show that hands-free technology is just as distracting to drivers as when they hold their phones in their hands. What needs to happen is that drivers should turn their phones off or put their phones completely away while driving. 

In most cases, it is better to leave the phone off because it eliminates the temptation to answer calls or reply to texts while driving. 

While drivers are permitted to text or talk while stopped at a red traffic light or stop sign (or while parked), this is not practical. Doing this will hold up traffic and cause frustration. 

Florida drivers must learn to leave their phones alone while driving; otherwise, accidents, injuries, and deaths will never stop. And talking or texting on the phone while driving is never worth a human life.

Millennials vs. Gen Z: Who Causes Distracted Driving Accidents?

While there’s a common misconception that Gen Z is the main culprit of accidents, recent data reveals Millennials are the most frequent offenders.

Their higher accident rates and propensity for distractions highlight the urgent need for greater awareness and stricter enforcement of driving laws.

Florida’s stringent cell phone regulations are a step in the right direction, but the onus is on all drivers—regardless of age—to prioritize road safety.

By eliminating distractions, such as texting or using phones while driving, we can significantly reduce accidents and save lives.