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Florida Statute 316.304 - Full Text and Legal Analysis Florida Statute 316.304 | Lawyer Caselaw & Research
Fla. Stat. § 316.304 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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)—

Cases Citing F.S. 316.304

Fla. Stat. § 316.304 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Florida Carry, Inc. & The Second etc. v. City of Tallahassee, Florida, etc., 212 So. 3d 452 (Fla. 1st DCA 2017).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2017 WL 465303, 2017 Fla. App. LEXIS 1395

...the purposes of this section.”); § 14.021(2), Fla. Stat. (“Whenever the Governor shall promulgate emergency rules and regulations, such rules and regulations shall be published and posted during the emergency in the area affected . . . .”); § 316.304(3), Fla....
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Cited as authority(citing case) (2023)
phrase: "rule_authority"
Adopted(citing case) (2023)
phrase: "adopted by"
Cited as authority(citing case) (2019)
phrase: "rule_authority"
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·Classy Cycles, Inc. v. Bay Cnty., 201 So. 3d 779 (Fla. 1st DCA 2016).

Published | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 14507

...ards), § 316.294 (mirrors), § 316,2952 (windshields), § 316.2953 (side windows), § 316.2954 (windows behind driver), § 316.2955 (window sunscreening material), § 316.299 (ban on rough surfaced wheels), § 316.303 (ban on television receivers), § 316.304 (ban on headsets), §§ 316.500-316.555 (weight and length limits), 316.600 (health and sanitation hazards), § 316.610 (safety of vehicle), § 316.613 (child restraint requirements), and § 316.614 (safety belt usage)....
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Cited as authorityOakes (2021)
phrase: "rule_authority"
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Ago (Fla. Att'y Gen. 2001).

Published | Florida Attorney General Reports

the Florida Uniform Traffic Control Law, at section 316.304, Florida Statutes. Sincerely, Robert A. Butterworth

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). Attorney Syfert regularly handles Chapter 316 matters in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.