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In February, the Senate had an opportunity to make texting while driving illegal and a primary offense but the Bill failed. If you have seen this post recently on Facebook, be aware it is not true. In fact, in Florida it is not illegal to talk on your cell phone while driving, although if your vehicle has hands free capabilities, that is preferred.

As for texting while driving, that is illegal, however, it is only a secondary offense, meaning an officer cannot pull you over solely because they see you texting. If you are pulled over for a primary offense, such as not wearing a seatbelt or speeding, and in conjunction with that the officer sees you texting or with your phone in your hand, then the officer can site you with an infraction.

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