Now, Speaker Perez must introduce the House companion bill to strengthen laws in one of America’s deadliest states to drive in

Tallahassee, Florida – The Florida Senate voted overwhelmingly on Wednesday to pass a hands free bill after it received sweeping bipartisan support through committees.

However, the Senate’s 81% vote to pass SB 1318, which would strengthen the Sunshine state’s weak texting-and-driving law, has not been mirrored in the House, where subcommittees failed to put companion bill HB 501 on the agenda. Last year, similar legislation moved unanimously through the House, but stalled in the Senate.

The current law has numerous loopholes that allow drivers to use their phones for everything other than texting, making it nearly impossible to enforce. This has led several law enforcement workers to testify on behalf of the legislation. Emergency responders also widely support the measure; not only are they psychologically impacted when responding to brutal crashes that result from distracted driving, their lives are increasingly put at risk.

Anthony Phoenix Branca Foundation President Demetrius Branca, a Tallahassee dad whose son Anthony was killed by a distracted driver in 2014 just one month before his 20th birthday, has traveled around 7,500 miles since December telling sharing his story and asking municipalities to pass a hands-free resolution he hopes will pressure legislators to update laws the law.

Branca’s testimony, along with other Hands-Free Florida coalition members, compelled local officials in 11 counties, nine cities and four towns –– representing more than 7 million Floridians –– to adopt the resolution. Furthermore, a recent Sachs Media Group study found that 79% of Floridans want the state to prohibit any type of sustained handheld use of phones while driving.

“Local commissions representing Florida’s two largest counties, Miami-Dade and Broward, unanimously passed resolutions telling lawmakers that their constituents want them to make Florida hands-free,” says Branca. “We applaud the Senate for listening, and implore the House to do the same. Letting people die on the country’s deadliest roads should not be an option.”

Fort Lauderdale, Broward County’s largest city, is home to the single deadliest mile in the nation, with 50 times the number of fatal crashes than the average highway mile, according to a study by personal injury law firm Elk + Elk. Broward County also claims one of the country’s top 10 deadliest 10-mile stretches; Miami-Dade claims two such segments of road.

Some lawmakers expressed concern about government overreach during debate, saying that it should not make something illegal — in this case, holding a phone — that is otherwise lawful, an argument coalition members reject.

“Drinking alcohol is also legal provided the consumer is of age,” says Branca. “It’s perfectly legal to get drunk in your house. It becomes illegal when that person gets behind the wheel impaired. This is because impaired drivers not only put themselves at risk, but also every driver, cyclist, jogger and pedestrian in their path. This is no different. Sen. Tracie Davis sponsored hands-free legislation last year because her sister was killed while jogging by a driver who had her phone on her lap — when the driver hit her brakes, naturally the phone fell. When she reached to pick it up, she killed Anita Davis. The fact is, no amount of physical contact with one’s phone is safe while operating a multi-ton piece of machinery.”

Hands-free laws have immediate, life-saving effects. In 2023, these laws prevented over 5,000 crashes, 2,880 injuries, 23 fatalities, and over $200 million in economic damage.

Facts and figures (citation links included on accompanying facts and figures sheet):

• 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.
• Drivers who use their phones are 240% more likely to crash than drivers who don’t, according to Cambridge Mobile Telematics.
• Florida drivers pay an average of $3,183 per year for full auto insurance coverage — 37% more than the national average, according to a Bankrate report. For minimum coverage, rates are around $1,128 per year, 45% more than the U.S. average.
• Who has passed a hands-free resolution?
  • Counties: Alachua, Broward, Collier, Holmes, Indian River, Lake, Leon, Miami- Dade, Osceola, Monroe, St. Johns, Union
  • Cities: Boca Raton, Fellsmere, Fort Myers, Gainesville, Key West, Marco Island, Sebastian, Vero Beach, Winter Garden
  • Towns: Orchid, Palmetto Bay, Key Biscayne, Indian River Shores