Florida HB 1241: Hands-free Driving

Bill Text

CS/HB 1241 2026

CODING: Words stricken are deletions; words underlined are additions.
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A bill to be entitled 1
An act relating to hands-free driving; amending s. 2
316.1925, F.S.; prohibiting a person who violates 3
careless driving provisions from operating a vehicle 4
while using a wireless communications device in a 5
handheld manner; providing additional penalties for a 6
person who violates careless driving provisions and 7
operates a vehicle while using a wireless 8
communications device in a handheld manner; 9
authorizing first-time offenders to participate in a 10
wireless communications device driving safety program 11
in lieu of the imposition of additional penalties; 12
providing exceptions to such prohibition; requiring a 13
law enforcement officer who stops a vehicle for a 14
violation of careless driving provisions and finds 15
that the operator of the vehicle is also using a 16
wireless communications device in a handheld manner to 17
inform the vehicle operator of his or her right to 18
decline a search of his or her wireless communications 19
device; prohibiting the law enforcement officer from 20
taking certain actions without a warrant or consent 21
from the vehicle operator; providing that a user's 22
billing records for a wireless communications device 23
or the testimony of or written statements from certain 24
authorities are admissible as evidence in crashes 25

CS/HB 1241 2026

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resulting in death or serious bodily injury for 26
certain purposes; amending s. 318.18, F.S.; providing 27
an additional fine for a violation of careless driving 28
provisions while using a wireless communications 29
device in a handheld manner; requiring the deposit of 30
such fine into the Emergency Medical Services Trust 31
Fund of the Department of Health; amending s. 322.27, 32
F.S.; conforming provisions to changes made by the 33
act; amending ss. 316.1575, 316.1576, 316.1923, and 34
316.306, F.S.; conforming cross-references; providing 35
an effective date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. Section 316.1925, Florida Statutes, is amended 40
to read: 41
316.1925 Careless driving.— 42
(1)(a) Any person operating a vehicle upon the streets or 43
highways within the state shall drive the same in a careful and 44
prudent manner, having regard for the width, grade, curves, 45
corners, traffic, and all other attendant circumstances, so as 46
not to endanger the life, limb, or property of any person. 47
Failure to drive in such manner shall constitute careless 48
driving and a violation of this section. 49
(b)(2) Any person who violates paragraph (1)(a) this 50

CS/HB 1241 2026

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section shall be cited for a moving violation, punishable as 51
provided in chapter 318. 52
(2)(a) Any person who violates subsection (1) while 53
supporting the weight of a wireless communications device as 54
defined in s. 316.306(1), in a handheld manner, except to 55
activate, deactivate, initiate, or terminate a feature or 56
function of the device, shall, in addition to the penalty in 57
paragraph (1)(b), be: 58
1. Fined an additional $60 as set forth in s. 318.18(25). 59
2. Have 1 additional point assessed against his or her 60
driver license as set forth in s. 322.27(3)(d). 61
(b) For a first offense under paragraph (a), in lieu of 62
the assessment of an additional point and an additional fine, a 63
person who violates this subsection may elect to participate in 64
a wireless communications device driving safety program approved 65
by the department. Upon completion of such program, the 66
assessment of an additional fine and an additional point must be 67
waived. 68
(c) This subsection does not apply to a stationary vehicle 69
or a vehicle operator who is: 70
1. Performing official duties as an operator of an 71
authorized emergency vehicle as defined in s. 322.01, a law 72
enforcement or fire service professional, or an emergency 73
medical services professional. 74
2. Reporting an emergency or criminal or suspicious 75

CS/HB 1241 2026

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activity to law enforcement authorities. 76
3. Receiving messages that are: 77
a. Related to the operation or navigation of the vehicle; 78
b. Safety-related information, including emergency, 79
traffic, or weather alerts; 80
c. Data used primarily by the vehicle; or 81
d. Radio broadcasts. 82
4. Using a device or system in a hands-free manner for 83
navigation purposes. 84
5. Using a wireless communicatio