Florida Statute 316.613 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.613

316.613 Child restraint requirements.—

(1)(a) Every operator of a motor vehicle as defined in this section, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device.

1. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat.

2. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a child booster seat may be used. However, the requirement to use a child restraint device under this subparagraph does not apply when a safety belt is used as required in s. 316.614(4)(a) and the child:

a. Is being transported gratuitously by an operator who is not a member of the child’s immediate family;

b. Is being transported in a medical emergency situation involving the child; or

c. Has a medical condition that necessitates an exception as evidenced by appropriate documentation from a health care professional.

(b) The department shall provide notice of the requirement for child restraint devices, which notice shall accompany the delivery of each motor vehicle license tag.

(2) As used in this section, the term “motor vehicle” means a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of the state. The term does not include:

(a) A school bus as defined in s. 316.003.

(b) A bus used for the transportation of persons for compensation, other than a bus regularly used to transport children to or from school, as defined in s. 316.615(1)(b), or in conjunction with school activities.

(d) A truck having a gross vehicle weight rating of more than 26,000 pounds.

(e) A motorcycle, a moped, a bicycle, or an electric bicycle.

(3) The failure to provide and use a child passenger restraint shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence.

(4) It is the legislative intent that all state, county, and local law enforcement agencies, and safety councils, in recognition of the problems with child death and injury from unrestrained occupancy in motor vehicles, conduct a continuing safety and public awareness campaign as to the magnitude of the problem.

(5) Any person who violates this section commits a moving violation, punishable as provided in chapter 318 and shall have 3 points assessed against his or her driver license as set forth in s. 322.27. In lieu of the penalty specified in s. 318.18 and the assessment of points, a person who violates this section may elect, with the court’s approval, to participate in a child restraint safety program approved by the chief judge of the circuit in which the violation occurs, and, upon completing such program, the penalty specified in chapter 318 and associated costs may be waived at the court’s discretion and the assessment of points shall be waived. The child restraint safety program must use a course approved by the Department of Highway Safety and Motor Vehicles, and the fee for the course must bear a reasonable relationship to the cost of providing the course.

(6) The child restraint requirements imposed by this section do not apply to a chauffeur-driven taxi, limousine, sedan, van, bus, motor coach, or other passenger vehicle if the operator and the motor vehicle are hired and used for the transportation of persons for compensation. It is the obligation and responsibility of the parent, guardian, or other person responsible for a child’s welfare as defined in s. 39.01 to comply with the requirements of this section.

History.—s. 1, ch. 82-58; s. 1, ch. 86-49; s. 2, ch. 87-200; s. 2, ch. 91-136; s. 28, ch. 94-306; s. 903, ch. 95-148; s. 35, ch. 96-350; s. 56, ch. 99-8; s. 240, ch. 99-248; s. 1, ch. 99-316; s. 18, ch. 2000-313; s. 40, ch. 2005-164; s. 9, ch. 2008-176; s. 14, ch. 2011-66; s. 13, ch. 2012-181; s. 53, ch. 2014-224; s. 1, ch. 2014-226; s. 68, ch. 2016-239; s. 13, ch. 2017-3; s. 13, ch. 2017-150; s. 9, ch. 2020-69.

F.S. 316.613 on Google Scholar

F.S. 316.613 on Casetext

Amendments to 316.613

Arrestable Offenses / Crimes under Fla. Stat. 316.613

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.613.

Civil Citations / Citable Offenses under S316.613

R or S next to points is Mandatory Revocation or Suspension

S316.613 CHILD RESTRAINT - Infant thru 3 years MUST be in SEPARATE carrier, 4-5 years in carrier/seat belt. Applies to ANY location in vehicle (Driver to be cited) - Points on Drivers License: 3

S316.613 (1)(a) Child Restraint required - Points on Drivers License: 3

Annotations, Discussions, Cases:

Cases Citing Statute 316.613

Total Results: 18

Classy Cycles, Inc. v. Bay County

Court: District Court of Appeal of Florida | Date Filed: 2016-09-28

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

Snippet: sanitation hazards), § 316.610 (safety of vehicle), § 316.613 (child restraint requirements), and § 316.614 (safety

In Re Standard Jury Instructions in Civil Cases—Report No. 09-01

Court: Supreme Court of Florida | Date Filed: 2010-03-04

Citation: 35 So. 3d 666, 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302

Snippet: violation is not evidence of negligence, e.g., F.S. 316.613 (1997) (failure to provide and use a child passenger

Rippy v. Shepard

Court: District Court of Appeal of Florida | Date Filed: 2009-08-06

Citation: 15 So. 3d 921, 2009 Fla. App. LEXIS 11042, 2009 WL 2396316

Snippet: farm tractors from Florida's Safety Belt Law); 316.613, Fla. Stat. (2008) (exempting farm tractors from

Ago

Court: Florida Attorney General Reports | Date Filed: 2008-02-29

Snippet: or by a child restraint device pursuant to s. 316.613, if applicable; or (b) To operate a motor vehicle

Quarantello v. Leroy

Court: District Court of Appeal of Florida | Date Filed: 2008-02-15

Citation: 977 So. 2d 648, 2008 WL 397349

Snippet: called upon to interpret the meaning of section 316.613(3), Florida Statutes (1999), which states that

Cybroski v. Wright

Court: District Court of Appeal of Florida | Date Filed: 2006-05-17

Citation: 927 So. 2d 1089, 2006 WL 1329522

Snippet: or by a child restraint device pursuant to s. 316.613, if applicable." A violation of the provisions

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-11-23

Snippet: to the child restraint requirements in section 316.613, Florida Statutes, and the safety belt requirements

Adjiman v. Adjiman

Court: District Court of Appeal of Florida | Date Filed: 2004-01-21

Citation: 863 So. 2d 488, 2004 Fla. App. LEXIS 439, 2004 WL 86763

Snippet: or by a child restraint device pursuant to s. 316.613....”).

Ago

Court: Florida Attorney General Reports | Date Filed: 2000-08-01

Snippet: restraint device pursuant to s. 316.613, if applicable[.]" Section 316.613, Florida Statutes, requires specific

Standard Jury Instructions-Civil Cases

Court: Supreme Court of Florida | Date Filed: 2000-07-06

Citation: 778 So. 2d 264, 25 Fla. L. Weekly Supp. 518, 2000 Fla. LEXIS 1371, 2000 WL 889771

Snippet: violation is not evidence of negligence. E.g., § 316.613, Fla. Stat. (19871997) (failure to provide and

Ridley v. Safety Kleen Corp.

Court: Supreme Court of Florida | Date Filed: 1997-03-27

Citation: 693 So. 2d 934, 1996 WL 295106

Snippet: or by a child restraint device pursuant to s. 316.613, if applicable; or (b) To operate a motor vehicle

Ago

Court: Florida Attorney General Reports | Date Filed: 1995-02-09

Snippet: or by a child restraint device pursuant to s. 316.613, if applicable; or (b) To operate a motor vehicle

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-11-17

Snippet: or by a child restraint device pursuant to s. 316.613, if applicable; or (b) To operate a motor vehicle

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-12-20

Snippet: including court costs, for a violation of s. 316.613, F.S. However, this amendment to s. 318.18 became

In Re Standard Jury Instructions

Court: Supreme Court of Florida | Date Filed: 1989-03-09

Citation: 540 So. 2d 825, 1989 WL 24051

Snippet: violation is not evidence of negligence. E.g., § 316.613, Fla. Stat. (1987) (failure to provide and use

Parker v. Montgomery

Court: District Court of Appeal of Florida | Date Filed: 1988-04-20

Citation: 529 So. 2d 1145, 13 Fla. L. Weekly 976

Snippet: child passenger restraint, as required by Section 316.613(1)(a), Florida Statutes (1985), was negligence

SHANDS TEACHING HOSP. & CLINICS v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1985-12-30

Citation: 480 So. 2d 1366, 11 Fla. L. Weekly 81, 1985 Fla. App. LEXIS 6033

Snippet: restraining devices be used for infants only. § 316.613, Fla. Stat. (1983). Significantly, in my view,

Insurance Co. of North America v. Pasakarnis

Court: Supreme Court of Florida | Date Filed: 1984-04-12

Citation: 451 So. 2d 447, 1984 Fla. LEXIS 2836

Snippet: requires the use of child restraint devices. § 316.613(1) and (3), Fla. Stat. (1983). Under this section