The bill comes as new research shows drivers fail to see hazards — even when looking directly at them — after completing a distracting task
Tallahassee, Florida – Florida Senator Tracie Davis is spearheading the movement to increase road safety in the Sunshine State with the introduction of Senate Bill 1408, the “Anthony Branca and Anita Neal Act.”
The proposed legislation, which would take effect July 1, aims to prevent distracted driving by requiring drivers to remain hands-free while using cellphones in Florida, a state with the dubious distinction of having the third most traffic fatalities and the seventh-highest fatality rate in the country.
Florida also has some of the nation’s laxest distracted driving laws, something the Anthony Branca and Anita Neal Act would seek to change by requiring drivers to use a hands-free accessory for all sustained cellphone use. Representative Allison Tant introduced a companion bill, HB 1469, last week in the House, which is now with the Transportation and Modals Subcommittee.
The move comes as new research out of the UK, where distracted driving laws are among the world’s most stringent, shows that dual-tasking drivers can fail to see a hazard even while they are looking directly at it due to a lack of available cognitive resources.
“Distracted driving is killing more teens than anything else, and we have a tool right here that can decrease these numbers rather than watch them grow,” said Demetrius Branca, founder of the Anthony Phoenix Branca Foundation and father of Anthony Branca, the 19-year-old killed by a distracted driver and one of the people for whom the bill is named. “Passing this legislation will have an immediate, life-saving impact.”
Distracted driving killed 3,522 people and injured another 362,415 in 2021, according to the U.S. Department of Transportation.
However, a growing body of research suggests the crashes captured in this data account for a fraction of wrecks caused by distracted driving.
According to the American Psychology Association, the biggest disorientation drivers experience when checking their phones, for example, actually occurs after the driver completes the distracting task — and lasts for up to 30 seconds after the driver refocuses attention back to the road.
“While this legislation is critical in helping align Florida with the 40-plus other states with distracted driving laws on the books, distracted driving laws ultimately need to catch up with a growing body of research that shows distraction disorientation lasts many seconds after the distracting task has been completed,” said Branca. “Our phones also have exponentially more technological capabilities and uses than they did when many of these laws began taking effect, and current legislation should reflect that.”
Facts and figures:
- In 2021, 42,939 Americans died in car crashes, the highest toll in a decade and a half, and distracted driving was one of the main culprits for the spike.
- In 2023, Florida drivers were in 391,428 crashes causing 3,331 deaths and more than 250,000 injuries, according to Florida Highway Safety and Motor Vehicles.
- Florida had the third most fatalities of any state, with 1,772 between January and June 2023 out of its 22.6 million residents, according to preliminary data from the National Highway and Traffic Safety Administration and U.S. Census data. Only Texas (2,089 fatalities and almost 30.5 million residents) and California (2,061 fatalities and 39 million people) ranked higher.
- Florida had the seventh-highest fatality rate at 1.52 [fatality rate per 100 Million Vehicle Miles Traveled].
About the Anthony Phoenix Branca Foundation:
The Anthony Phoenix Branca Foundation was founded in 2015 by Demetrius Branca after his son, 19-year-old Anthony, was killed by a distracted driver. The foundation is dedicated to raising awareness of the consequences of distracted driving. Its mission is to educate drivers, save lives, and end this deadly epidemic.