Posted on February 9, 2026 - by Burnetti, P.A.
Recent legislative changes have put distracted driving back in the spotlight across Florida, especially after Attorney Doug Burnetti appeared on local 12 News to explain what these updates could mean for drivers statewide. During the segment, he shared firsthand insights from years of handling serious crash cases and explained why lawmakers are now focused on strengthening Florida’s distracted driving law.
At Burnetti, P.A., we have seen how preventable distractions behind the wheel continue to cause devastating injuries and life-changing losses for Florida families.
Florida lawmakers introduced these changes in response to a sharp increase in crashes linked to driver distraction. As Attorney Doug Burnetti explained during his interview, many of these collisions involve drivers who look away for only a few seconds, yet those moments can lead to catastrophic outcomes.
For years, Florida limited enforcement primarily to texting while driving. That narrow focus left significant gaps when drivers were holding phones for other purposes, scrolling, dialing, checking directions, or picking up a buzzing device at a stoplight. By expanding the scope of the law, legislators aimed to reduce confusion, create clearer standards, and send a stronger message about personal responsibility behind the wheel.
According to Florida Highway Safety and Motor Vehicles, distracted driving can take your eyes off the road, your hands off the wheel, and your mind off the task of driving, which is why the state describes it as a triple threat to roadway safety.
At Burnetti, P.A., we support safety-focused rules that encourage better habits before a crash ever happens, especially on high-speed corridors, busy city streets, and the everyday routes families use to get to school and work.
Florida’s updated approach reflects a broader understanding of how distraction occurs. The law focuses on the physical act of holding a wireless device while operating a motor vehicle, moving Florida closer to hands-free standards already adopted in many other states.
Florida Statutes § 316.305, Wireless Communications While Driving Law prohibits manually typing or entering multiple characters into a wireless communications device while driving. It also clarifies key definitions, including what counts as a wireless communications device and how certain conduct is evaluated during traffic stops and investigations.
In practical terms, these updates aim to reduce the gray area that drivers and officers faced under the earlier texting-only approach. When the rules are clearer, it becomes easier to spot risky behavior in real time and easier to explain why that behavior matters after a serious collision.
One of the most significant changes discussed during Attorney Doug Burnetti’s news appearance involves enforcement. Under the revised rules, officers may stop a driver if they observe handheld phone use, rather than needing proof of texting alone. This shift allows law enforcement to act sooner when unsafe behavior is visible.
Even with that expanded authority, real-world enforcement is rarely simple. A quick glance at a screen can look a lot like adjusting a dashboard control. A phone held low can be mistaken for a wallet or a snack. Officers still need a reasonable basis for a stop, and the facts of each encounter matter.
After a crash, enforcement is often less about the traffic stop and more about the investigation. Officers may document statements at the scene, note where the device was found, and record whether the driver admitted to using a phone. Those early details can become important later, especially when injuries are severe.
At Burnetti, P.A., we recognize that proper enforcement must balance roadway safety with fair and lawful procedures.
Proving distraction remains one of the most difficult aspects of these cases. In many crashes, it comes down to one person’s account versus another’s. Without objective proof, claims of distraction can be disputed.
Attorney Doug Burnetti explained that clearer rules help courts and attorneys evaluate when device activity is relevant and how it can be presented. That matters because distraction is often invisible to everyone except the driver. A rear-end collision may happen in an instant, and the injured person might only catch a glimpse of a screen, a glow in the cabin, or a driver looking down.
When a case involves serious harm, we look for evidence that withstands scrutiny. That can include witness observations, video footage, crash timing, and phone-related records when they are legally available. We also pay attention to patterns, such as sudden braking, lane drift, or delayed reaction time, that are consistent with distracted behavior.
Our team at Burnetti, P.A. regularly works with investigators and technical professionals to evaluate available information and build a clear, fact-based narrative.
The law is not limited to cell phones alone. Tablets and other wireless communication devices can be treated the same way when they are held or actively used by a driver. During the interview, Doug Burnetti also highlighted everyday behaviors drivers often overlook, such as reaching for dropped items, adjusting audio controls, or interacting with in-vehicle screens.
These actions may seem harmless, yet they can divert attention long enough to cause severe harm. Florida’s distracted driving laws aim to reduce these risks by reinforcing the importance of keeping hands on the wheel and eyes on the road.
When a distracted driver causes a crash, the consequences can be overwhelming. Medical care, lost income, and long-term recovery often place enormous strain on injured individuals and their families. At Burnetti, P.A., we focus on helping clients understand their options and hold accountable those responsible for negligence in a collision.
Our experience handling car accident cases across Florida allows us to assess whether distracted driving may have contributed to an injury. From gathering records to working with experts, we take a thorough approach to protecting our clients’ interests. To discuss your situation with our team, contact Burnetti, P.A. at 800-287-6388 and learn how we may be able to help.
Board-Certified Civil Trial Lawyer and founder of Burnetti, P.A., Doug Burnetti has spent his career fighting for the injured across Florida. Known for his courtroom skill and dedication to justice, he leads a firm built on integrity, strength, and results—recognized by Florida Super Lawyers and Martindale-Hubbell® for excellence in trial advocacy.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. It was approved by attorney Doug Burnetti, founder of Burnetti, P.A., a board-certified civil trial lawyer with experience handling cases involving auto accidents, premises liability, medical malpractice, nursing home neglect, and product liability.
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