Florida Statute 316.614 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 316.614

Annotations, Discussions, Cases:

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

Cases Citing Statute 316.614

Total Results: 41

United States v. Tommy Lee Williams, Leonard Williams

876 F.2d 1521, 1989 U.S. App. LEXIS 9983, 1989 WL 67732

Court of Appeals for the Eleventh Circuit | Filed: Jul 12, 1989 | Docket: 820505

Cited 111 times | Published

AFFIRMED. 1 . Fla.Stat.Ann. § 316.614 (West Supp.1989) provides in relevant part:

Ridley v. Safety Kleen Corp.

693 So. 2d 934, 1996 WL 295106

Supreme Court of Florida | Filed: Mar 27, 1997 | Docket: 1524476

Cited 17 times | Published

EVIDENCE IS PRESENTED CONCERNING A VIOLATION OF SECTION 316.614, FLORIDA STATUTES, "THE FLORIDA SAFETY BELT

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

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

Supreme Court of Florida | Filed: Mar 4, 2010 | Docket: 1646266

Cited 14 times | Published

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

Union v. State

642 So. 2d 91, 1994 WL 478682

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 1529503

Cited 12 times | Published

DAVIS, JJ., concur. NOTES [1] Appellant cites section 316.614(5), Florida Statutes, which makes it unlawful

American Auto. Ass'n, Inc. v. Tehrani

508 So. 2d 365

District Court of Appeal of Florida | Filed: Jun 12, 1987 | Docket: 2449014

Cited 12 times | Published

Legislature's passage of the Florida Safety Belt Law, § 316.614, Fla. Stat. (Supp. 1986), should somehow establish

Hatcher v. State

834 So. 2d 314, 2003 WL 19936

District Court of Appeal of Florida | Filed: Jan 3, 2003 | Docket: 1329357

Cited 11 times | Published

lot. Because it is unlawful, according to section 316.614(5), Florida Statutes (2000), for any person

Morrow v. State

848 So. 2d 1290, 2003 WL 21654151

District Court of Appeal of Florida | Filed: Jul 16, 2003 | Docket: 252613

Cited 10 times | Published

State, 491 So.2d 1164 (Fla. 2d DCA 1986). Section 316.614(5), Florida Statutes (1999), provides that

Brito v. County of Palm Beach

753 So. 2d 109, 1998 WL 821757

District Court of Appeal of Florida | Filed: Nov 12, 1998 | Docket: 1729096

Cited 10 times | Published

legal cause of his injury. Notwithstanding, section 316.614 Florida Statutes (1993),[7] the undisputed

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

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

Supreme Court of Florida | Filed: Oct 21, 2010 | Docket: 2407449

Cited 8 times | Published

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

Quarantello v. Leroy

977 So. 2d 648, 2008 WL 397349

District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1529949

Cited 7 times | Published

*654 properly restrained by a seat belt under section 316.614, Florida Statutes, see Cybroski v. Wright,

Standard Jury Instructions-Civil Cases

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

Supreme Court of Florida | Filed: Jul 6, 2000 | Docket: 1290340

Cited 7 times | Published

takes no position on the effect on SJI 6.14 of § 316.614(10), Fla. Stat. (1987) (violation of seat belt

State Farm Mut. Auto. Ins. Co. v. Penland

668 So. 2d 200, 1995 Fla. App. LEXIS 12587, 1995 WL 712528

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 1290506

Cited 6 times | Published

as Penland relied on an amended version of section 316.614(10), which provides in pertinent part: A violation

Pages v. DOMINGUEZ EX REL. DOMINGUEZ

652 So. 2d 864

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 476021

Cited 6 times | Published

apportionment of liability between the parties. § 316.614(10), Fla. Stat. (1993). Given the unique aspect

Bulldog Leasing Co., Inc. v. Curtis

630 So. 2d 1060, 19 Fla. L. Weekly Supp. 54, 1994 Fla. LEXIS 74, 1994 WL 19518

Supreme Court of Florida | Filed: Jan 27, 1994 | Docket: 1519527

Cited 5 times | Published

the use of seat belts by front seat passengers. § 316.614, Fla. Stat. (Supp. 1986). How that enactment affects

Charles v. State

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

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 63630498

Cited 4 times | Published

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

Parker v. Montgomery

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

District Court of Appeal of Florida | Filed: Apr 20, 1988 | Docket: 432431

Cited 4 times | Published

since been statutorily codified in Florida. See § 316.614, Fla. Stat. (Supp. 1986), and American Auto. Ass'n

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

162 So. 3d 360, 2015 Fla. App. LEXIS 5118, 2015 WL 1545005

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679417

Cited 1 times | Published

unless 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

130 So. 3d 596, 2013 WL 2349287

Supreme Court of Florida | Filed: May 30, 2013 | Docket: 60237846

Cited 1 times | Published

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

Cybroski v. Wright

927 So. 2d 1089, 2006 WL 1329522

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 1765353

Cited 1 times | Published

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

Maloney v. Williams

732 So. 2d 415, 1999 Fla. App. LEXIS 4900, 1999 WL 218503

District Court of Appeal of Florida | Filed: Apr 16, 1999 | Docket: 64788163

Cited 1 times | Published

avoid the standard of care established by section 316.614, Florida Statutes. This argument was rejected

In Re Standard Jury Instructions

540 So. 2d 825, 1989 WL 24051

Supreme Court of Florida | Filed: Mar 9, 1989 | Docket: 1294577

Cited 1 times | Published

takes no position on the effect on SJI 6.14 of § 316.614(10), Fla. Stat. (1987) (violation of seat belt

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

Supreme Court of Florida | Filed: Jan 23, 2020 | Docket: 16761631

Published

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. 17-03.

236 So. 3d 919

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289807

Published

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

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

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

United States v. Sampson

99 F. Supp. 3d 1352, 2015 U.S. Dist. LEXIS 38510, 2015 WL 1400452

District Court, M.D. Florida | Filed: Mar 26, 2015 | Docket: 64301580

Published

wearing seatbelts in violation of Florida Statute § 316.614 (which Sampson denies (id. at 93-94)) and that

In re Standard Jury Instructions in Civil Cases

115 So. 3d 208, 2013 WL 2248678

Supreme Court of Florida | Filed: May 23, 2013 | Docket: 60232159

Published

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

Ago

Florida Attorney General Reports | Filed: Feb 29, 2008 | Docket: 3258428

Published

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

DO & CO Miami Catering, Inc. v. Chapman

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

District Court of Appeal of Florida | Filed: Apr 20, 2005 | Docket: 64837838

Published

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

Ago

Florida Attorney General Reports | Filed: Nov 23, 2004 | Docket: 3256515

Published

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

Adjiman v. Adjiman

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

District Court of Appeal of Florida | Filed: Jan 21, 2004 | Docket: 64827504

Published

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

Ago

Florida Attorney General Reports | Filed: Sep 28, 2000 | Docket: 3255311

Published

exempt from the safety belt requirements of section 316.614, Florida Statutes. However, a van designed

Ago

Florida Attorney General Reports | Filed: Aug 1, 2000 | Docket: 3255546

Published

the "Florida Safety Belt Law."10 Pursuant to section 316.614(4), Florida Statutes, it is unlawful for any

Standard Jury Instructions—Civil Cases (No. 98-1)

711 So. 2d 1, 23 Fla. L. Weekly Supp. 287, 1998 Fla. LEXIS 605, 1998 WL 154462

Supreme Court of Florida | Filed: Apr 2, 1998 | Docket: 64781036

Published

would do under like circumstances. [4.11] Section 316.614, Florida Statutes, provides that “[i]t is unlawful

Osgood Industries, Inc. v. Schlau

654 So. 2d 959, 1995 Fla. App. LEXIS 3564, 1995 WL 153625

District Court of Appeal of Florida | Filed: Apr 7, 1995 | Docket: 64756183

Published

in this case occurred on November 27, 1988. Section 316.614(10), Florida Statutes (1987), the relevant

Safety Kleen Corp. v. Ridley

666 So. 2d 913, 1995 Fla. App. LEXIS 3500, 1995 WL 147286

District Court of Appeal of Florida | Filed: Apr 6, 1995 | Docket: 64761684

Published

appellant’s first issue, and remand for a new trial. Section 316.614(4)(b), Florida Statutes, makes it unlawful

Pages v. Dominguez ex rel. Dominguez

652 So. 2d 864, 1995 Fla. App. LEXIS 2251

District Court of Appeal of Florida | Filed: Mar 8, 1995 | Docket: 64755215

Published

apportionment of liability between the parties. § 316.614(10), Fla.Stat. (1993). Given the unique aspect

Ago

Florida Attorney General Reports | Filed: Feb 9, 1995 | Docket: 3258089

Published

The Legislature has expressly mandated in section 316.614(9), Florida Statutes, that enforcement of the

Ago

Florida Attorney General Reports | Filed: Nov 17, 1994 | Docket: 3256951

Published

violation of Florida's mandatory seat belt law, section 316.614, Florida Statutes, when no other charges are

Curtis v. Bulldog Leasing Co.

602 So. 2d 611, 1992 Fla. App. LEXIS 7109, 1992 WL 146664

District Court of Appeal of Florida | Filed: Jul 1, 1992 | Docket: 64668983

Published

the instant accident occurred back in 1981. § 316.614, Fla.Stat. (1991). In conclusion, we reverse and

Howell v. Roadrunner Trucking, Inc.

586 So. 2d 1083, 1991 WL 173014

District Court of Appeal of Florida | Filed: Jul 16, 1991 | Docket: 64662105

Published

instruction). As for the applicability of Section 316.-614, Florida Statutes (Supp.1990), this issue

Bonds v. Fleming

539 So. 2d 583, 1989 WL 20682

District Court of Appeal of Florida | Filed: Mar 9, 1989 | Docket: 1511009

Published

expressed within Florida's Safety Belt Law, section 316.614, Florida Statutes (1988). Enacted after this