Florida Statutes
Fla. Stat. § 316.304 (2025)
Wearing of headsets.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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316.304 Wearing of headsets.—
(1) No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing.
(2) This section does not apply to:
(a) Any law enforcement officer equipped with any communication device necessary in performing his or her assigned duties or to any emergency vehicle operator equipped with any ear protection device.
(b) Any applicant for a license to operate a motorcycle while taking the examination required by s. 322.12(5).
(c) Any person operating a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user’s ears so that the user can hear surrounding sounds.
(d) Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.
(e) Any person using a headset in conjunction with communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear.
(3) The department shall inspect and review all headset equipment submitted to it and shall publish a list by name and type of approved equipment.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 73-4; s. 1, ch. 76-31; s. 8, ch. 83-228; s. 4, ch. 84-284; s. 2, ch. 85-329; s. 24, ch. 87-161; s. 3, ch. 88-405; s. 3, ch. 92-18; s. 24, ch. 95-143; s. 327, ch. 95-148; s. 219, ch. 99-248; s. 105, ch. 2002-20; s. 11, ch. 2019-5.
Note.—Former s. 316.0285.
Civil Citations under F.S. 316.304
Driver's license points · R = revocation · S = suspension§316.304WEARING HEADSETS (covering both ears)
§316.304(1)WEARING HEADSETS (covering both ears)
Notes of Decisions
Cited in 2
cases, 2016–2017 · leading case: Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017).
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “”); § 316.304(3), Fla. Stat. (“The Department of Highway Safety and Motor Vehicles shall promulgate, by administrative rule, standards and specifications for headset equipment the use of which is permitted under this section.”
Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016). “2953 (side windows), § 316.2954 (windows behind driver), § 316.”
— 316.304(3) — 1 case
Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017). “”); § 316.304(3), Fla. Stat. (“The Department of Highway Safety and Motor Vehicles shall promulgate, by administrative rule, standards and specifications for headset equipment the use of which is permitted under this section.”
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