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Florida Statute 316.304 | Lawyer Caselaw & Research
F.S. 316.304 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 316.304

The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
F.S. 316.304
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 Casetext

Amendments to 316.304


Arrestable Offenses / Crimes under Fla. Stat. 316.304
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 316.304.


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


Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA CARRY, INC. v. CITY OF TALLAHASSEE, a, 212 So. 3d 452 (Fla. Dist. Ct. App. 2017)

. . . and regulations shall be published and posted during the emergency in the area affected .... ”); § 316.304 . . .

CLASSY CYCLES, INC. v. BAY COUNTY, a a, 201 So. 3d 779 (Fla. Dist. Ct. App. 2016)

. . . sunscreening material), § 316.299 (ban on rough surfaced wheels), § 316.303 (ban on television receivers), § 316.304 . . .

FERNANDEZ, v. UNITED STATES,, 12 Cl. Ct. 764 (Ct. Cl. 1987)

. . . . § 316.304. . . . term employment invoking the trial or probationary period referred to by the Government in 5 C.F.R. § 316.304 . . .

HONDROS, v. UNITED STATES CIVIL SERVICE COMMISSION E. B. J. B. R. D. W. UNITED STATES MARSHALS SERVICE, 720 F.2d 278 (3d Cir. 1983)

. . . . § 316.304(a) (1983). . . . . § 316.304(b) (1983); see notes 7 and 8 supra. . . . Nevertheless, several courts have ignored the language of 5 C.F.R. § 316.304(b) and suggested, in dicta . . .