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Florida car seat laws

Fla. Stat. § 316.613 · Last checked September 23, 2026

Car seat stages

The statute text comes first. Numbers are a summary for comparison, not a replacement for the law.

Rear-facing seat

Statute text

Not addressed in statute.

Not set in § 316.613; the section requires a child restraint device but sets no rear-facing rule.

What the law sets

Rear-facing seat required by law
Not addressed in statute

Not set in § 316.613; the section requires a child restraint device but sets no rear-facing rule.

Rear-facing until age
Not addressed in statute

Not set in § 316.613.

Rear-facing until weight
Not addressed in statute

Not set in § 316.613.

Rear-facing until height
Not addressed in statute

Not set in § 316.613.

Leaving rear-facing
Not addressed in statute

Not set in § 316.613.

Recommended (not law)

NHTSA

Children under age 1 should always ride in a rear-facing car seat. Keep your child rear-facing as long as possible — it's the best way to keep them safe — until they reach the top height or weight limit allowed by the car seat's manufacturer.

NHTSA – Car Seats and Booster Seats

AAP

All infants should ride rear-facing, starting with their first ride home from the hospital, and should continue riding rear-facing as long as possible until they reach the highest weight or height allowed by their car safety seat's manufacturer.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Forward-facing harness seat

Statute text

Not addressed in statute.

Not set in § 316.613; for children through age 3 it requires a separate carrier or integrated child seat but sets no forward-facing harness rule.

What the law sets

Forward-facing harness required by law
Not addressed in statute

Not set in § 316.613; for children through age 3 it requires a separate carrier or integrated child seat but sets no forward-facing harness rule.

Harness until age
Not addressed in statute

Not set in § 316.613.

Harness until weight
Not addressed in statute

Not set in § 316.613.

Harness until height
Not addressed in statute

Not set in § 316.613.

Leaving the harness
Not addressed in statute

Not set in § 316.613.

Recommended (not law)

NHTSA

Once a child outgrows the rear-facing car seat, they are ready for a forward-facing car seat with a harness and tether. Keep the child in the forward-facing seat until they reach the top height or weight limit allowed by the car seat's manufacturer, then move to a booster seat, still in the back seat.

NHTSA – Car Seats and Booster Seats

AAP

Children should use a forward-facing car seat with a harness after outgrowing the rear-facing weight or height limit. It is best for children to ride in a seat with a harness as long as possible, at least to 4 years of age.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Booster seat

Statute text

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.

§ 316.613(1)(a). A booster may be used only from age 4; through age 3 a separate carrier or integrated child seat is required.

What the law sets

Booster required by law
Yes

For ages 4 through 5 a carrier, integrated seat or booster satisfies § 316.613(1)(a)2.; a booster is not specifically required.

Booster until age
6 years

The statute covers children "5 years of age or younger", so the requirement ends at the sixth birthday.

Booster until weight
Not addressed in statute

Not set in § 316.613.

Booster until height
Not addressed in statute

Not set in § 316.613.

Leaving the booster
Meeting any one listed limit is enough

Recommended (not law)

NHTSA

Keep your child in a booster seat until they are big enough to fit in a seat belt properly — the lap belt lying snugly across the upper thighs (not the stomach) and the shoulder belt snug across the shoulder and chest (not the neck or face).

NHTSA – Car Seats and Booster Seats

AAP

All children whose weight or height exceeds the forward-facing limit for their car safety seat should use a belt-positioning booster seat until the vehicle seat belt fits properly, typically when they have reached 4 feet 9 inches in height and are 8 to 12 years of age.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Seat belt

Statute text

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;

§ 316.614(4)(a).

What the law sets

Seat belt alone from age
6 years

§ 316.613(1)(a) covers children 5 or younger; for ages 4 through 5 a safety belt may be used instead in the cases listed in § 316.613(1)(a)2.a.-c.

Seat belt alone from height
Not addressed in statute

Not set in § 316.613.

Moving to the seat belt
Meeting any one listed limit is enough

Recommended (not law)

NHTSA

Once a child is big enough to fit in a seat belt properly, they can ride with just the lap-and-shoulder belt, but should still ride in the back seat — NHTSA recommends keeping children in the back seat at least through age 12.

NHTSA – Car Seats and Booster Seats

AAP

Children should transition to the vehicle seat belt once it fits properly, typically at about 4 feet 9 inches in height and 8 to 12 years of age; all children younger than 13 years should ride in the back seat.

HealthyChildren.org (AAP) – Car Safety Seats: Information for Families

Front seat

Many states have no front-seat age in statute. Where that is the case, we say so and cite the section we read.

Front seat — statute text
Not addressed in statute

No front-seat provision in § 316.613.

Minimum age for the front seat
Not addressed in statute

No front-seat provision in § 316.613.

Conditions
Not addressed in statute

No front-seat provision in § 316.613.

Penalties

What a car seat ticket costs, and whether showing proof of a proper seat can cancel it.

First offense — fine
$60

§ 316.613(5) makes a violation a moving violation punishable under chapter 318; § 318.18(3)(a) sets $60 for moving violations not requiring a mandatory appearance.

Repeat offense — fine
$60

Neither § 316.613 nor § 318.18(3)(a) sets a separate repeat penalty.

License points
3 points

§ 316.613(5): 3 points are assessed against the driver license as set forth in § 322.27.

Fine waiver
With the court's approval, the person may complete an approved child restraint safety program instead; the court may then waive the penalty and costs, and the points are waived (§ 316.613(5)).

Exemptions

Exempt means the statute excludes it. Silent means the statute does not address it.

Taxis
Exempt

§ 316.613(6): the requirements do not apply to a chauffeur-driven taxi, limousine, sedan, van, bus, motor coach, or other passenger vehicle if the operator and the vehicle are hired and used for the transportation of persons for compensation.

Rideshare (Uber, Lyft)
Not addressed in statute

§ 316.613(6) covers chauffeur-driven vehicles hired for compensation but does not name transportation network companies.

Buses
Exempt

§ 316.613(2) excludes school buses and buses used to transport persons for compensation, other than buses regularly used to transport children to or from school or school activities.

Medical exemption
Exempt

§ 316.613(1)(a)2.c.: for children aged 4 through 5 only, a safety belt may be used when a medical condition is documented by a health care professional. There is no medical exemption through age 3.

Out-of-state vehicles
Not addressed in statute

§ 316.613 does not address nonresident drivers or out-of-state vehicles.

How Florida compares

Florida is tied for 42nd of 47 jurisdictions with a numeric booster age: 5 jurisdictions, including Florida, require a booster until age 6.

Compared with Alabama and Georgia, Florida differs on: rear-facing rules (from Alabama), booster rules (from Georgia), and front-seat rules (from Georgia).

Law compared with the AAP recommendation

  • Florida law does not address this stage. AAP recommends: All infants should ride rear-facing, starting with their first ride home from the hospital, and should continue riding rear-facing as long as possible until they reach the highest weight or height allowed by their car safety seat's manufacturer.
  • Florida law does not address this stage. AAP recommends: Children should use a forward-facing car seat with a harness after outgrowing the rear-facing weight or height limit. It is best for children to ride in a seat with a harness as long as possible, at least to 4 years of age.
  • Florida law: a booster seat is required until the child reaches age 6. AAP recommends: All children whose weight or height exceeds the forward-facing limit for their car safety seat should use a belt-positioning booster seat until the vehicle seat belt fits properly, typically when they have reached 4 feet 9 inches in height and are 8 to 12 years of age.
  • Florida law: a child may use the seat belt alone once reaching age 6. AAP recommends: Children should transition to the vehicle seat belt once it fits properly, typically at about 4 feet 9 inches in height and 8 to 12 years of age; all children younger than 13 years should ride in the back seat.

See every state side by side on the comparison pages.

Guides covering Florida

Sources

State law comes from the statute or state agency below. Recommendations come from NHTSA and the American Academy of Pediatrics. The responsible agency is Florida Department of Highway Safety and Motor Vehicles.

State law

Recommendations

Disclaimer

This page summarizes Florida law for reference. It is not legal or medical advice. The statute text is the law; the numbers are our summary of it. Legal minimums are not safety recommendations: NHTSA and the AAP recommend keeping a child in each stage for as long as the seat allows. Check the statute or Florida Department of Highway Safety and Motor Vehicles before relying on anything here.