‘Careless' Driving Bill Advances, But Advocates Say It Doesn't Go Far Enough

By Mitch Perry, Florida Phoenix

February 12, 2026

Florida is among the minority of states in the country that has yet to enact a “hands-free” driving law, which would ban holding or using a mobile device while driving. Advocates say it’s crucial that the state do so, as distracted driving accidents claimed 3,275 lives in 2023, according to the National Highway Traffic Safety Administration.

The latest attempt to pass such a law came Wednesday in the House Government Operations Subcommittee, which unanimously passed a measure (HB 1241) sponsored by Miami Republican Reps. Omar Blanco and Alex Rizo.

But it’s actually considered a setback by advocates who have been pushing for years for Florida to join the 34 states that have already passed such laws.

The pending proposed committee bill says that if a person is found to have committed “careless driving” while using a wireless device in a handheld manner, that individual will be assessed a careless-driving violation with an additional $60 fine and an additional point taken off their driver’s license.

However, in lieu of those penalties, that person can participate in a wireless-communications device driving-safety program approved by the Department of Highway Safety and Motor Vehicles. Upon completion of such program, the additional fine and assessment would be waived.

Demetrius Branca’s son Anthony died in 2014 when a distracted driver hit him as he was riding his motorcycle to classes at Tallahassee State College. He’s been pushing for the Legislature to enact a hands-free driving law ever since. Branca told the committee that while he appreciated the strengthening of some penalties in the proposal, the bill needs to be clarified.

“When hand-held use remains tied to careless driving, drivers adjust to the threshold of enforcement rather than the risk itself,” he said. “It does not create deterrence. It preserves ambiguity.”

Michelle Avola is coordinator for Hands Free Florida. She complemented Rep. Blanco for sponsoring the original proposal, but said the proposed committee substitute bill “does not accomplish that important outcome.”

Afterward, the two advocates told the Phoenix that “this is not a hands-free bill anymore.”

The Florida Senate passed a hands-free driving law last year, but it was never taken up by the House. Conversely, the House passed a version through three committee stops in 2024 but it never got a vote before the full chamber (the Senate’s proposal didn’t move at all).

Blanco and advocates touted the results of what happened in Iowa when it passed a hands-free driving bill last year. According to the Iowa Department of Transportation, there were 260 traffic deaths in 2025 — 97 fewer than in 2024 and a near-century low.

“We’ve got more support than we had yesterday, and I think as we move along through the process there’ll be more awareness,” Blanco told Branca and Avola following the vote. “If there’s an opportunity to take it up a notch, we will do that.”

Republican Erin Grall of Vero Beach has filed a companion bill (SB 1152) in the Senate. Her measure would allow law enforcement officers to stop motor vehicles and issue citations to persons who are using wireless communications devices in a handheld manner or texting while driving.

It has yet to be heard in any committee.

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