Florida Statute 316.304 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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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.

F.S. 316.304 on Google Scholar

F.S. 316.304 on CourtListener

Amendments to 316.304

Annotations, Discussions, Cases:

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

Cases Citing Statute 316.304

Total Results: 3

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

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

District Court of Appeal of Florida | Filed: Feb 3, 2017 | Docket: 4579988

Cited 1 times | Published

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

Classy Cycles, Inc. v. Bay County

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

District Court of Appeal of Florida | Filed: Sep 28, 2016 | Docket: 60257072

Published

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

Ago

Florida Attorney General Reports | Filed: Jul 16, 2001 | Docket: 3257329

Published

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. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.