A bill that allows police to stop drivers just for texting is headed to the governor after several years of hitting roadblocks in the Florida Legislature.
The House voted 108-7 Monday to make texting while driving a primary offense.
Gov. Ron DeSantis has indicated he will sign the bill (HB 107), which would bring Florida in line with most other states.
Rep. Emily Slosberg, D-Boca Raton, fought for several years for a tougher law, but her bills kept stalling because of privacy and racial-profiling concerns.
In 1996, Slosberg was injured in a wreck that killed five teenagers, including her twin sister, Dori; the crash was caused by a reckless driver. Slosberg, who was 14 at the time, received broken bones and a punctured lung in the crash.
“It’s a great day for our state of Florida,” she said Monday just moments after the vote. “We are going to have enforcement of our texting-while-driving law, which will save lives.”
Forty-three other states make texting while driving a primary offense, according to a legislative analysis.
A first violation carries a $30 fine plus court costs, which could result in a total fine up to $108. A subsequent violation committed within five years carries a $60 fine plus court costs.
If signed by the governor, the law will include a grace period in which police will issue warnings through the end of the year while the state conducts an education campaign.
The bill overcame objections from black lawmakers who feared it could lead to more racial profiling.
During debate, Rep. Al Jacquet, D-Lantana said making texting while driving a primary offense would mean more people of color in his district would be unfairly targeted by police.
The legislation includes a requirement that police track the race of people stopped for texting while driving.
The Senate also wanted a stricter law that would prohibit drivers from holding their phone while driving, but the House was reluctant to agree to that position.
As part of a compromise, cellphones must be used in hands-free mode in school zones and construction zones where workers are present.
Advocates hailed Monday’s vote, but they said it should have gone farther.
“Our road-safety goal in Florida is a hands-free state,” Debbie Wanninkhof, whose son was killed by a distracted driver, said in a statement released by the advocacy group FL DNT TXTNDRV Coalition. “Even though we did not reach our goal, the passing of texting while driving as a primary offense is a positive step.”
Statistics show that cellphones have taken a toll on Florida’s roads.
While the total number of accidents increased by 11 percent from 2013 to 2016, crashes caused by careless driving rose by as much as four times that amount — even after accounting for more cars on the road, according to a South Florida Sun Sentinel analysis.
Slosberg said she will continue her push for tougher laws. She would like to see the Legislature embrace a hands-free law next.
“It’s what we do after a tragedy that determines whether it remains just a tragedy,” she said. “I have not let Dori’s death just remain a tragedy. We are going to save lives with this legislation.”
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