Florida Statute 316.614 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.614

316.614 Safety belt usage.—

(1) This section may be cited as the “Florida Safety Belt Law.”

(2) It is the policy of this state that enactment of this section is intended to be compatible with the continued support by the state for federal safety standards requiring automatic crash protection, and the enactment of this section should not be used in any manner to rescind or delay the implementation of the federal automatic crash protection system requirements of Federal Motor Safety Standard 208 as set forth in S4.1.2.1 thereof, as entered on July 17, 1984, for new cars.

(3) As used in this section:

(a) “Motor vehicle” means a motor vehicle as defined in s. 316.003 which is operated on the roadways, streets, and highways of this state or when stationary at a traffic control device. The term does not include:

1. A school bus.

2. A bus used for the transportation of persons for compensation.

3. A farm tractor or implement of husbandry.

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

5. A motorcycle, a moped, a bicycle, or an electric bicycle.

(b) “Safety belt” means a seat belt assembly that meets the requirements established under Federal Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208.

(c) “Restrained by a safety belt” means being restricted by an appropriately adjusted safety belt which is properly fastened at all times when a motor vehicle is in motion.

(4) It is unlawful for any person:

(a) To operate a motor vehicle or an autocycle in this state unless each passenger and the operator of the vehicle or autocycle under the age of 18 years are restrained by a safety belt or by a child restraint device pursuant to s. 316.613, if applicable; or

(b) To operate a motor vehicle or an autocycle in this state unless the person is restrained by a safety belt.

(5) It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle or an autocycle unless such person is restrained by a safety belt when the vehicle or autocycle is in motion.

(6)(a) Neither a person who is certified by a physician as having a medical condition that causes the use of a safety belt to be inappropriate or dangerous nor an employee of a newspaper home delivery service while in the course of his or her employment delivering newspapers on home delivery routes is required to be restrained by a safety belt.

(b) An employee of a solid waste or recyclable collection service is not required to be restrained by a safety belt while in the course of employment collecting solid waste or recyclables on designated routes.

(c) The requirements of this section do not apply to the living quarters of a recreational vehicle or a space within a truck body primarily intended for merchandise or property.

(d) The requirements of this section do not apply to motor vehicles that are not required to be equipped with safety belts under federal law.

(e) A rural letter carrier of the United States Postal Service is not required to be restrained by a safety belt while performing duties in the course of his or her employment on a designated postal route.

(7) It is the intent of the Legislature that all state, county, and local law enforcement agencies, safety councils, and public school systems, in recognition of the fatalities and injuries attributed to unrestrained occupancy of motor vehicles, shall conduct a continuing safety and public awareness campaign as to the magnitude of the problem and adopt programs designed to encourage compliance with the safety belt usage requirements of this section.

(8) Any person who violates the provisions of this section commits a nonmoving violation, punishable as provided in chapter 318.

(9) Each law enforcement agency in this state shall adopt departmental policies to prohibit the practice of racial profiling. When a law enforcement officer issues a citation for a violation of this section, the law enforcement officer must record the race and ethnicity of the violator. All law enforcement agencies must maintain such information and forward the information to the department in a form and manner determined by the department. The department shall collect this information by jurisdiction and annually report the data to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The report must show separate statewide totals for the state’s county sheriffs and municipal law enforcement agencies, state law enforcement agencies, and state university law enforcement agencies.

(10) A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action.

History.—s. 2, ch. 86-49; s. 24, ch. 90-119; s. 7, ch. 93-260; s. 331, ch. 95-148; s. 36, ch. 96-350; s. 44, ch. 97-300; s. 2, ch. 99-316; s. 2, ch. 2000-239; s. 97, ch. 2005-164; s. 10, ch. 2008-176; s. 2, ch. 2009-32; s. 1, ch. 2015-81; s. 4, ch. 2018-130; s. 44, ch. 2019-3; s. 10, ch. 2020-69; s. 2, ch. 2021-187.

F.S. 316.614 on Google Scholar

F.S. 316.614 on Casetext

Amendments to 316.614

Arrestable Offenses / Crimes under Fla. Stat. 316.614

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.614.

Civil Citations / Citable Offenses under S316.614

R or S next to points is Mandatory Revocation or Suspension

S316.614 FLORIDA SEAT-BELT LAW As of June 30, 2009, all seat belt violations constitute primary stops - Points on Drivers License:

S316.614 (4)(a) OPERATOR/PASSENGER under 18 years not belted or in a device - the DRIVER to be cited - Points on Drivers License: 0

S316.614 (4)(b) DRIVER not belted - to be cited - Points on Drivers License: 0

S316.614 (5) FRONT seat PASSENGER over 18 years not belted - passenger to be cited - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases Citing Statute 316.614

Total Results: 20

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-04

Court: Supreme Court of Florida | Date Filed: 2020-01-23

Snippet: under like circumstances. [401.9] F.S. 316.614, provides that “[i]t is unlawful for any person

STATE OF FLORIDA v. JAMAAL PICKERSGILL

Court: District Court of Appeal of Florida | Date Filed: 2019-10-30

Snippet: passenger to wear seatbelts. See §§ 316.1515 & 316.614(4)-(5), Fla. Stat. (2018); see also State v. Y

In Re: Standard Jury Instructions in Civil Cases-Report No. 17-03.

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 236 So. 3d 919

Snippet: under like circumstances. [401.9] F.S. 316.614, provides that "[i]t is unlawful for any

Charles v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-10-26

Citation: 204 So. 3d 63, 2016 Fla. App. LEXIS 15940

Snippet: punishable as [a noncriminal traffic infraction].” § 316,614(7)-(8), Fla. Stat. (2015) (emphasis added). Clearly

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: 316.613 (child restraint requirements), and § 316.614 (safety belt usage). . “Although an opinion of

Candice Jones, as Personal Representative of the Estate of Ryland Nye v. Michael Alayon

Court: District Court of Appeal of Florida | Date Filed: 2015-04-08

Citation: 162 So. 3d 360, 2015 Fla. App. LEXIS 5118

Snippet: the person is restrained by a safety belt.” § 316.614(4)(b), Fla. Stat. (1986). The statute provides

In re Standard Jury Instructions in Civil Case—Report No. 12-01

Court: Supreme Court of Florida | Date Filed: 2013-05-30

Citation: 130 So. 3d 596, 2013 WL 2349287

Snippet: would do under like circumstances. [401.9] F.S. 316,614, provides that “[i]t is unlawful for any person

In re Standard Jury Instructions in Civil Cases

Court: Supreme Court of Florida | Date Filed: 2013-05-23

Citation: 115 So. 3d 208, 2013 WL 2248678

Snippet: would do under like circumstances. [401.9] F.S. 316.614, provides that “[ijt is unlawful for any person

In Re Standard Jury Instructions in Criminal Cases—Report No. 2010-01

Court: Supreme Court of Florida | Date Filed: 2010-10-21

Citation: 52 So. 3d 595, 35 Fla. L. Weekly Supp. 602, 2010 Fla. LEXIS 1780, 2010 WL 4117070

Snippet: would do under like circumstances. [401.9] F.S. 316.614, provides that "[i]t is unlawful for any person

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: would do under like circumstances. [401.9] F.S. 316.614, provides that "[i]t is unlawful for any person

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: 15 year olds to drive farm tractors for work); 316.614, Fla. Stat. (2008) (exempting farm tractors from

Ago

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

Snippet: child seat, or a seat belt may be used." Section 316.614(3)(c), Florida Statutes, defines "[r]estrained

Quarantello v. Leroy

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

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

Snippet: properly restrained by a seat belt under section 316.614, Florida Statutes, see Cybroski v. Wright, 927

Cybroski v. Wright

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

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

Snippet: Statutes section 316.614,[1] precluded a cause of action. Pursuant to section 316.614(4)(a), Florida Statutes

DO & CO Miami Catering, Inc. v. Chapman

Court: District Court of Appeal of Florida | Date Filed: 2005-04-20

Citation: 899 So. 2d 1236, 2005 Fla. App. LEXIS 5438, 2005 WL 901173

Snippet: 1996), it was considering the impact of section 316.614(10), Florida Statutes (1995),2 Florida’s Safety

Ago

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

Snippet: Statutes, and the safety belt requirements in section 316.614, Florida Statutes, when the governing body of the

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: 838 P.2d 1153 (Wyo.1992) and by statute, see § 316.614, Fla. Stat. (1997)("(4) It is unlawful for any

Ago

Court: Florida Attorney General Reports | Date Filed: 2003-12-15

Snippet: since Legislature has expressly mandated in s. 316.614(9), Fla. Stat., that enforcement of the safety

Morrow v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-07-16

Citation: 848 So. 2d 1290, 2003 WL 21654151

Snippet: State, 491 So.2d 1164 (Fla. 2d DCA 1986). Section 316.614(5), Florida Statutes (1999), provides that "[i]t

Hatcher v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-01-03

Citation: 834 So. 2d 314, 2003 WL 19936

Snippet: stopped for violations of sections 316.151(1) and 316.614(5), Florida Statutes (2000). Hence, the stop was