Seat belts, child seats and phone laws in Florida

By the end of this topic you can

• You can say who must wear a seat belt in Florida and who gets the ticket.
• You can choose the right child restraint for children up to age 5.
• You can explain what Florida's texting ban covers and what it allows.
• You can name the three places where you must be fully hands-free.
• You can set up your phone so it does not tempt you while driving.

What you need to know and understand

• The driver and every front-seat passenger must wear a seat belt, and so must every passenger under 18 in any seat.
• The driver is responsible for belting passengers under 18; passengers 18 and over in the front seat are responsible for themselves.
• Children 5 and under must ride in a crash-tested, federally approved child restraint: a separate carrier or built-in child seat through age 3, and a carrier, built-in seat or booster at ages 4 and 5.
• A child restraint violation is a moving violation with 3 points.
• You may not type or read texts, emails or instant messages on a handheld device while the vehicle is moving.
• In school zones, at school crossings and in active work zones, any handheld use of a wireless device is banned.
• A first texting offense is a nonmoving violation; a second within 5 years is a moving violation.

Belts and child seats: who is responsible

Florida's Safety Belt Law makes it unlawful to drive unless you are belted and every passenger under 18 is belted or in a proper child restraint. Adult front-seat passengers must buckle up too. A seat belt violation is a nonmoving violation.

For young children, follow the age bands in the law and the seat maker's height and weight limits. The 4 and 5 year old rule has narrow exceptions, such as a medical emergency or a documented medical condition, or a ride given free by someone outside the child's immediate family, provided the child wears a seat belt. Never leave a child alone in a car.

The texting ban and the hands-free zones

• Everywhere: no manual typing or reading of messages while the vehicle is moving. Navigation, safety and weather alerts, and voice-operated features are allowed, and you may report an emergency or crime.
• School zones, school crossings and work zones with workers present: no handheld use at all, including calls. Hands-free and voice-operated use is allowed.
• A stationary vehicle is not covered by either rule, but pull over safely before using a phone.

Penalties and points

A first texting offense is a nonmoving violation with no points. A second within 5 years becomes a moving violation with 3 points. Handheld use in a school or work zone is a moving violation with 3 points. Unlawful phone use that causes a crash carries 6 points. For a first school or work zone offense, you may be able to take an approved safety course or show proof of buying hands-free equipment.

For teens, points matter more: six in 12 months restricts your license to business purposes only. Our Florida phone and texting law guide goes deeper.

Common mistakes

• Letting a teenage friend ride unbelted in the back. As the driver, you get the ticket for passengers under 18.
• Moving a 4 year old to a seat belt only. Florida requires a carrier, built-in seat or booster through age 5.
• Holding the phone to change music at a red light in a school zone. The hands-free rule covers the whole zone.
• Thinking a quick glance at a text is fine at speed. Reading messages is banned, not just typing.

Test yourself: Seat belts, child seats and phone laws in Florida

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Florida Texting and Driving Law and Hands-Free Zones
• Florida Move Over Law and School Bus Stopping Rules Explained
• Florida Permit Practice Test