Florida Statute 316.304 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.304

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.

F.S. 316.304 on Google Scholar

F.S. 316.304 on Casetext

Amendments to 316.304

Arrestable Offenses / Crimes under Fla. Stat. 316.304

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.304.

Civil Citations / Citable Offenses under S316.304

R or S next to points is Mandatory Revocation or Suspension

S316.304 WEARING HEADSETS (covering both ears) - Points on Drivers License: 0

S316.304 (1) WEARING HEADSETS (covering both ears) - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.304

Total Results: 3

Florida Carry, Inc. and The Second etc. v. City of Tallahassee, Florida, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-02-03T00:00:00-08:00

Citation: 212 So. 3d 452, 2017 WL 465303, 2017 Fla. App. LEXIS 1395

Snippet: the emergency in the area affected .... ”); § 316.304(3), Fla. Stat. (“The Department of Highway Safety

Classy Cycles, Inc. v. Bay County

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-28T00:00:00-07:00

Citation: 201 So. 3d 779, 2016 Fla. App. LEXIS 14507

Snippet: wheels), § 316.303 (ban on television receivers), § 316.304 (ban on headsets), §§ 316.500-316.555 (weight and

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-07-16T00:53:00-07:00

Snippet: Florida Uniform Traffic Control Law, at section 316.304, Florida Statutes. Sincerely, Robert A. Butterworth… Stat., and other related statutes). 3 Section 316.304(2)(d), Fla. Stat. 4 262 So.2d 661, 668 (Fla. 1972