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CS/HB 1241 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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
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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
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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 communications device hands-free or 85
hands-free in voice-operated mode, including, but not limited 86
to, a factory-installed or after-market Bluetooth device. 87
6. Operating an autonomous vehicle, as defined in s. 88
316.003(3), in autonomous mode. 89
(d) A law enforcement officer who stops a vehicle for a 90
violation of this subsection must inform the vehicle operator of 91
his or her right to decline a search of his or her wireless 92
communications device and may not: 93
1. Access the wireless communications device without a 94
warrant. 95
2. Confiscate the wireless communications device while 96
awaiting issuance of a warrant to access such device. 97
3. Obtain consent from the vehicle operator to search his 98
or her wireless communications device through coercion or other 99
improper method. Consent to search a vehicle operator's wireless 100
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communications device must be voluntary and unequivocal. 101
(e) Only in the event of a crash resulting in death or 102
serious bodily injury, as defined in s. 316.027(1), may a user's 103
billing records for a wireless communications device, or the 104
testimony of or written statements from appropriate authorities 105
receiving such messages, be admissible as evidence in any 106
proceeding to determine whether a violation of this subsection 107
has been committed. 108
Section 2. Subsection (25) is added to section 318.18, 109
Florida Statutes, to read: 110
318.18 Amount of penalties.—The penalties required for a 111
noncriminal disposition pursuant to s. 318.14 or a criminal 112
offense listed in s. 318.17 are as follows: 113
(25) In addition to any other penalty, $60 for a violation 114
of s. 316.1925(2), prohibiting careless driving while using a 115
wireless communications device in a handheld manner. The 116
additional $60 collected under this subsection shall be remitted 117
to the Department of Revenue for deposit into the Emergency 118
Medical Services Trust Fund of the Department of Health to be 119
used as provided in s. 395.4036. 120
Section 3. Paragraph (d) of subsection (3) of section 121
322.27, Florida Statutes, is amended to read: 122
322.27 Authority of department to suspend or revoke driver 123
license or identification card.— 124
(3) There is established a point system for evaluation of 125
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convictions of violations of motor vehicle laws or ordinances, 126
and violations of applicable provisions of s. 403.413(6)(b) when 127
such violations involve the use of motor vehicles, for the 128
determination of the continuing qualification of any person to 129
operate a motor vehicle. The department is authorized to suspend 130
the license of any person upon showing of its records or other 131
good and sufficient evidence that the licensee has been 132
convicted of violation of motor vehicle laws or ordinances, or 133
applicable provisions of s. 403.413(6)(b), amounting to 12 or 134
more points as determined by the point system. The suspension 135
shall be for a period of not more than 1 year. 136
(d) The point system shall have as its basic element a 137
graduated scale of points assigning relative values to 138
convictions of the following violations: 139
1. Reckless driving, willful and wanton—4 points. 140
2. Leaving the scene of a crash resulting in property 141
damage of more than $50—6 points. 142
3. Careless driving while using a wireless communications 143
device in a handheld manner—1 point. 144
4.3. Unlawful speed, or unlawful use of a wireless 145
communications device, resulting in a crash—6 points. 146
5.4. Passing a stopped school bus: 147
a. Not causing or resulting in serious bodily injury to or 148
death of another—4 points. 149
b. Causing or resulting in serious bodily injury to or 150
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death of another—6 points. 151
c. Points may not be imposed for a violation of passing a 152
stopped school bus as provided in s. 316.172(1)(a) or (b) when 153
enforced by a school bus infraction detection system pursuant to 154
s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b) 155
when enforced by a school bus infraction detection system 156
pursuant to s. 316.173 may not be used for purposes of setting 157
motor vehicle insurance rates. 158
6.5. Unlawful speed: 159
a. Not in excess of 15 miles per hour of lawful or posted 160
speed—3 points. 161
b. In excess of 15 miles per hour of lawful or posted 162
speed—4 points. 163
c. Points may not be imposed for a violation of unlawful 164
speed as provided in s. 316.1895 or s. 316.183 when enforced by 165
a traffic infraction enforcement officer pursuant to s. 166
316.1896. In addition, a violation of s. 316.1895 or s. 316.183 167
when enforced by a traffic infraction enforcement officer 168
pursuant to s. 316.1896 may not be used for purposes of setting 169
motor vehicle insurance rates. 170
7.6. A violation of a traffic control signal device as 171
provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points. 172
However, points may not be imposed for a violation of s. 173
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 174
stop at a traffic signal and when enforced by a traffic 175
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infraction enforcement officer. In addition, a violation of s. 176
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to 177
stop at a traffic signal and when enforced by a traffic 178
infraction enforcement officer may not be used for purposes of 179
setting motor vehicle insurance rates. 180
8.7. Unlawfully driving a vehicle through a railroad-181
highway grade crossing—6 points. 182
9.8. All other moving violations (including parking on a 183
highway outside the limits of a municipality)—3 points. However, 184
points may not be imposed for a violation of s. 316.2065(11); 185
and points may be imposed for a violation of s. 316.1001 only 186
when imposed by the court after a hearing pursuant to s. 187
318.14(5). 188
10.9. Any moving violation covered in this paragraph, 189
excluding unlawful speed and unlawful use of a wireless 190
communications device, resulting in a crash—4 points. 191
11.10. Any conviction under s. 403.413(6)(b)—3 points. 192
12.11. Any conviction under s. 316.0775(2)—4 points. 193
13.12. A moving violation covered in this paragraph which 194
is committed in conjunction with the unlawful use of a wireless 195
communications device within a school safety zone—2 points, in 196
addition to the points assigned for the moving violation. 197
Section 4. Paragraph (b) of subsection (3) of section 198
316.1575, Florida Statutes, is amended to read: 199
316.1575 Obedience to traffic control devices at railroad-200
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highway grade crossings.— 201
(3) A person who violates this section commits a 202
noncriminal traffic infraction, punishable pursuant to chapter 203
318 as: 204
(b) If the infraction resulted from the operation of a 205
vehicle, as a moving violation. 206
1. For a first violation, the person must pay a fine of 207
$500 or perform 25 hours of community service and shall have 6 208
points assessed against his or her driver license as set forth 209
in s. 322.27(3)(d)8. s. 322.27(3)(d)7. 210
2. For a second or subsequent violation, the person must 211
pay a fine of $1,000 and shall have an additional 6 points 212
assessed against his or her driver license as set forth in s. 213
322.27(3)(d)8. s. 322.27(3)(d)7. 214
Section 5. Subsection (3) of section 316.1576, Florida 215
Statutes, is amended to read: 216
316.1576 Insufficient clearance at a railroad-highway 217
grade crossing.— 218
(3) A person who violates this section commits a 219
noncriminal traffic infraction, punishable as a moving violation 220
as provided in chapter 318. 221
(a) For a first violation, the person must pay a fine of 222
$500 or perform 25 hours of community service and shall have 6 223
points assessed against his or her driver license as set forth 224
in s. 322.27(3)(d)8. s. 322.27(3)(d)7. 225
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(b) For a second or subsequent violation, the person must 226
pay a fine of $1,000, shall have an additional 6 points assessed 227
against his or her driver license as set forth in s. 228
322.27(3)(d)8. s. 322.27(3)(d)7., and, notwithstanding s. 229
322.27(3)(a), (b), and (c), shall have his or her driving 230
privilege suspended for not more than 6 months. 231
Section 6. Subsection (1) of section 316.1923, Florida 232
Statutes, is amended to read: 233
316.1923 Aggressive careless driving.—"Aggressive careless 234
driving" means committing two or more of the following acts 235
simultaneously or in succession: 236
(1) Exceeding the posted speed as defined in s. 237
322.27(3)(d)6.b. s. 322.27(3)(d)5.b. 238
Section 7. Paragraph (a) of subsection (4) of section 239
316.306, Florida Statutes, is amended to read: 240
316.306 School and work zones; prohibition on the use of a 241
wireless communications device in a handheld manner.— 242
(4)(a) Any person who violates this section commits a 243
noncriminal traffic infraction, punishable as a moving 244
violation, as provided in chapter 318, and shall have 3 points 245
assessed against his or her driver license as set forth in s. 246
322.27(3)(d)9. s. 322.27(3)(d)8. For a first offense under this 247
section, in lieu of the penalty specified in s. 318.18 and the 248
assessment of points, a person who violates this section may 249
elect to participate in a wireless communications device driving 250
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safety program approved by the Department of Highway Safety and 251
Motor Vehicles. Upon completion of such program, the penalty 252
specified in s. 318.18 and associated costs may be waived by the 253
clerk of the court and the assessment of points must be waived. 254
Section 8. This act shall take effect July 1, 2026. 255