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Florida Statute 316.613 | Lawyer Caselaw & Research
F.S. 316.613 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

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.
(c) A farm tractor or implement of husbandry.
(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 from cite.case.law:

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

. . . weight and length limits), 316.600 (health and sanitation hazards), § 316.610 (safety of vehicle), § 316.613 . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO. In No. In No. In No. In No. s In No. In No. In No. In No., 35 So. 3d 666 (Fla. 2010)

. . . statute or ordinance in question provides that its violation is not evidence of negligence, e.g., F.S. 316.613 . . .

RIPPY, v. SHEPARD,, 15 So. 3d 921 (Fla. Dist. Ct. App. 2009)

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

M. QUARANTELLO, v. T. LEROY,, 977 So. 2d 648 (Fla. Dist. Ct. App. 2008)

. . . We are called upon to interpret the meaning of section 316.613(3), Florida Statutes (1999), which states . . . We do not believe that section 316.613(3) is an exemplar of good legislative draftsmanship. . . . In light of that reasoning, the interpretation of section 316.613(3) advanced by Mrs. . . . We do not discern a grant of immunity within the provisions of section 316.613(3). . . . We conclude that section 316.613(3) does not prevent introduction of evidence that Mrs. . . . In my opinion, the language set forth in section 316.613(3), Florida Statutes (1999), is clear and unambiguous . . .

CYBROSKI, a v. WRIGHT,, 927 So. 2d 1089 (Fla. Dist. Ct. App. 2006)

. . . under the age of 18 years are restrained by a safety belt or by a child restraint device pursuant to s. 316.613 . . . The trial court cited section 316.613 in its written order. . . . Section 316.613 refers to the use of child restraint devices when transporting children five years of . . . was twelve-years-old at the time of the accident, we assume the trial court’s reference to section 316.613 . . .

EDIC, EDIC, v. CENTURY PRODUCTS COMPANY, a a s a a a, 364 F.3d 1276 (11th Cir. 2004)

. . . the expert testimony; and (2) whether the district court erred when it found that Florida Statute § 316.613 . . . Ann. § 316.613(3) (2001). . . . Evidence of Misuse The Edics assert that the district court erred by finding that Florida Statute § 316.613 . . . Ann. § 316.613. . . . Stat. § 316.613 did not bar Century from introducing evidence of Dennis’s misuse of the CRS. . . .

ADJIMAN, v. ADJIMAN,, 863 So. 2d 488 (Fla. Dist. Ct. App. 2004)

. . . under the age of 16 years is restrained by a safety belt or by a child restraint device pursuant to s. 316.613 . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES, 778 So. 2d 264 (Fla. 2000)

. . . E.g., § 316.613, Fla. . . .

RIDLEY, v. SAFETY KLEEN CORPORATION,, 693 So. 2d 934 (Fla. 1996)

. . . under the age of 16 years is restrained by a safety belt or by a child restraint device pursuant to s. 316.613 . . . promote seat belt use through a child restraint act, ch. 82-58, § 1, Laws of Fla. (1982) (codified at § 316.613 . . .

In STANDARD JURY INSTRUCTIONS CIVIL CASES, 540 So. 2d 825 (Fla. 1989)

. . . E.g., § 316.613, Fla.Stat. (1987) (failure to provide and use a child passenger restraint inadmissible . . .

PARKER v. MONTGOMERY, Sr., 529 So. 2d 1145 (Fla. Dist. Ct. App. 1988)

. . . The appellees moved to strike the defense as legally insufficient, relying upon section 316.613(3), stating . . . It is appellants’ position on appeal that because section 316.613(3) expressly forbids only evidence . . . we have in accepting appellants’ argument, and thereby applying a similar interpretation to section 316.613 . . . Because, however, section 316.613(3) has explicitly precluded the admission of evidence relating to the . . . Section 316.613(3) also remains intact following the adoption of section 316.614. . . . .

SHANDS TEACHING HOSPITAL AND CLINICS, INC. v. SMITH,, 480 So. 2d 1366 (Fla. Dist. Ct. App. 1985)

. . . . § 316.613, Fla. Stat. (1983). . . . Justice Adkins concurred in the dissent. . § 316.613, Fla.Stat. (1983). . 451 So.2d at 455. . . . .

INSURANCE COMPANY OF NORTH AMERICA v. D. PASAKARNIS,, 451 So. 2d 447 (Fla. 1984)

. . . . § 316.613(1) and (3), Fla.Stat. (1983). . . . the legislature has established a requirement that restraining devises be used for infants only. § 316.613 . . . Chapter 316.613, Florida Statutes, requiring child restraint devices for children five years of age or . . .