New Florida Law Seeks To BAN Holding Phones While Driving

Florida lawmakers are proposing a new bill that would strengthen the state’s already stringent law regarding cell phone use by drivers, expanding the ban on texting while driving to cover holding or “supporting” a handheld device while driving.

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If the bill, filed by Republican Erin Grall, were to become law, it would make it illegal for drivers to call from their phone, hold it, or even rest it on their laps. The bill specifies “Handheld manner’ means holding a wireless communications device in one or both hands or physically supporting the device with any other part of the body.”

Drivers who violate the proposed law — which is similar to those on the books in 30 other states as well as Washington D.C. — would receive a $150 fine and 3 points off their licenses for their first offense, a $250 fine and 3 more points against the license for s second offense, and a $500 fine, 4 points against the license, and a 90-day license suspension for the third.

2026 won’t be the first time that the bill moves before Florida lawmakers. In 2024, the measure passed the Florida House but was never scheduled in the Senate, which led to a heated public debate between Tallahassee resident and hands-free driving advocate Demetrius Branca  –– whose teenage son died in a distracted driving accident — and then-Chair of the Senate Transportation Committee, Nick DiCeglie. The bill was reintroduced in 2025, and this time passed the Senate — with the support of DiCeglie– but stalled in the House, a switch from the year before.

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Prohibited devices in SB 1152 include, but are not limited to, “cellular phones, smartphones, a tablet computer, a laptop, electronic gaming devices, or any device capable of displaying videos or images.” The bill does carve out exceptions for stationary vehicles, as well as for emergencies such as reporting a crime or suspicious activity, and CB radio usage.

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A new bill that seeks to expand Florida laws to make holding handheld devices illegal while driving. The 2026 session of the Florida Legislature begins January 13th. Stay tuned to AllEars for more on this proposed law as the session begins.

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What are your thoughts on this potential ban? Let us know in the comments below.

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