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Florida Statute 316.614 | Lawyer Caselaw & Research
F.S. 316.614 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. 316.614
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 from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO., 236 So. 3d 919 (Fla. 2018)

. . . failing to do something that a reasonably careful person would do under like circumstances. [401.9] F.S. 316.614 . . . Different factual situations may require that different portions of F.S. 316.614, be read or paraphrased . . .

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

. . . sanitation hazards), § 316.610 (safety of vehicle), § 316.613 (child restraint requirements), and § 316.614 . . .

UNITED STATES v. JOSEPH, a. k. a. a. k. a., 611 F. App'x 946 (11th Cir. 2015)

. . . . § 316.614(4)(b). Because Mr. . . .

UNITED STATES v. GAYLE,, 608 F. App'x 783 (11th Cir. 2015)

. . . . § 316.614(4)(b) & (8). . . . Stat. § 316.614, Historical and Statutory Notes, Florida Laws 2009, c. 2009-32 § 1. . . .

JONES, v. ALAYON,, 162 So. 3d 360 (Fla. Dist. Ct. App. 2015)

. . . .” § 316.614(4)(b), Fla. Stat. (1986). . . . .” § 316.614(10), Fla. Stat. (2006). . . .

UNITED STATES v. SAMPSON, 99 F. Supp. 3d 1352 (M.D. Fla. 2015)

. . . Zambito that Sampson and his occupants were not wearing seatbelts in violation of Florida Statute § 316.614 . . .

UNITED STATES v. CRAWFORD, a. k. a., 568 F. App'x 725 (11th Cir. 2014)

. . . . § 316.614(4)(b), (5). . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASE- REPORT NO., 130 So. 3d 596 (Fla. 2013)

. . . Different factual situations may require that different portions of F.S. 316.614, be read or paraphrased . . .

In STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO., 115 So. 3d 208 (Fla. 2013)

. . . failing to do something that a reasonably careful person would do under like circumstances. [401.9] F.S. 316.614 . . . Different factual situations may require that different portions of F.S. 316.614, be read or paraphrased . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO. AND STANDARD JURY INSTRUCTIONS IN CIVIL CASES- REPORT NO., 52 So. 3d 595 (Fla. 2010)

. . . failing to do something that a reasonably careful person would do under like circumstances. [401.9] F.S. 316.614 . . . Different factual situations may require that different portions of F.S. 316.614, be read or paraphrased . . .

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)

. . . failing to do something that a reasonably careful person would do under like circumstances. [401.9] F.S. 316.614 . . . Different factual situations may require that different portions of F.S. 316.614, be read or paraphrased . . .

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

. . . Stat. (2008) (allowing 14 and 15 year olds to drive farm tractors for work); 316.614, Fla. . . .

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

. . . caretaker based on evidence that the child was not properly restrained by a seat belt under section 316.614 . . . Both sections 316.613 and 316.614 were enacted in large part to protect children from injuries in automobile . . .

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

. . . of the parents, the trial court concluded that the Florida Safety Belt Law, Florida Statutes section 316.614 . . . Pursuant to section 316.614(4)(a), Florida Statutes (2005), it is illegal to “operate a motor vehicle . . . but such violation may be considered as evidence of comparative negligence, in any civil action. § 316.614 . . . Thus, contrary to the parents’ assertions, section 316.614 did not displace the common law right to bring . . . time of the accident, we assume the trial court’s reference to section 316.613, instead of section 316.614 . . .

UNITED STATES v. WEAVER,, 145 F. App'x 639 (11th Cir. 2005)

. . . . § 316.614(8). . Defendant also relies on United States v. . . .

DO CO MIAMI CATERING, INC. v. CHAPMAN,, 899 So. 2d 1236 (Fla. Dist. Ct. App. 2005)

. . . Safety Kleen Corp., 693 So.2d 934 (Fla.1996), it was considering the impact of section 316.614(10), Florida . . .

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

. . . Dellapenta, 838 P.2d 1153 (Wyo.1992) and by statute, see § 316.614, Fla. . . .

M. CONNELLY, DBN v. HYUNDAI MOTOR COMPANY,, 351 F.3d 535 (1st Cir. 2003)

. . . . § 316.614(9), and yet other states leave the issue to the courts, e.g., N.J. Stat. . . .

MORROW, v. STATE, 848 So. 2d 1290 (Fla. Dist. Ct. App. 2003)

. . . Section 316.614(5), Florida Statutes (1999), provides that “[i]t is unlawful for any person 16 years . . .

HATCHER, v. STATE, 834 So. 2d 314 (Fla. Dist. Ct. App. 2003)

. . . The vehicle in which Hatcher was riding was stopped for violations of sections 316.151(1) and 316.614 . . . Because it is unlawful, according to section 316.614(5), Florida Statutes (2000), for any person eighteen . . .

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

. . . The committee takes no ■position on the effect on SJI 6.14 of §--316.614(10), Fkv Stat. (1987) (violation . . .

MALONEY, v. WILLIAMS,, 732 So. 2d 415 (Fla. Dist. Ct. App. 1999)

. . . take advantage of his own voluntary inebriation to avoid the standard of care established by section 316.614 . . .

BRITO, v. COUNTY OF PALM BEACH, a a a, 753 So. 2d 109 (Fla. Dist. Ct. App. 1998)

. . . Notwithstanding, section 316.614 Florida Statutes (1993), the undisputed facts in this case demonstrate . . . such discovery was concluded, our reversal on the duty to warn issue moots this argument. .Section 316.614 . . . Fla.Stat. § 316.614(10) (1993). . . .

STANDARD JURY INSTRUCTIONS- CIVIL CASES NO., 711 So. 2d 1 (Fla. 1998)

. . . to do something that a reasonably careful person would do under like circumstances. [4.11] Section 316.614 . . . Different factual situations may require that different portions of section 316.614, Florida Statutes . . .

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

. . . certified to be of great public importance: IF EVIDENCE IS PRESENTED CONCERNING A VIOLATION OF SECTION 316.614 . . . Section 316.614, Florida Statutes (1995), provides in part: (4) It is unlawful for any person: (a) To . . . Evolution of the Seat Belt Defense We also hold, consistent with the language of section 316.614(10), . . . (codified at § 316.614(1)~(10), Fla. Stat. (Supp.1986)). . . . See § 316.614(4), (5), Fla.Stat. (1995). . . .

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, v. PENLAND,, 668 So. 2d 200 (Fla. Dist. Ct. App. 1995)

. . . I concur that the version of section 316.614(10) prior to the 1990 amendment is controlling in this case . . . granted summary judgment on the seat belt defense, as Pen-land relied on an amended version of section 316.614 . . .

OSGOOD INDUSTRIES, INC. J. v. SCHLAU, 654 So. 2d 959 (Fla. Dist. Ct. App. 1995)

. . . Section 316.614(10), Florida Statutes (1987), the relevant statute to this case, provided that a violation . . . [could] be considered as evidence of comparative negligence” in a civil action. § 316.614(10), Fla.Stat . . .

SAFETY KLEEN CORPORATION, a v. RIDLEY, 666 So. 2d 913 (Fla. Dist. Ct. App. 1995)

. . . Section 316.614(4)(b), Florida Statutes, makes it unlawful for any person to operate a motor vehicle . . . The instruction does not mention section 316.614, Florida Statutes (Supp.l986). . . . The plaintiff also argued that section 316.614(10) barred the giving of the requested instruction. . . . That subsection states: § 316.614(10) A violation of the provisions of this section shall not constitute . . . We find that the trial court erred in failing to instruct the jury that a violation of section 316.614 . . . I am therefore of the opinion, for the reasons stated more fully infra, that section 316.614(10), Florida . . . Section 316.614(10) does not apply, however, to the plaintiffs damages resulting from his collision with . . . In 1990, section 316.614(10) was amended by adding the following underlined language: A violation of . . . Yet, if section 316.614(10) is read in that manner, then the legislative restriction provided in the . . . In my judgment, the legislative purpose behind the 1990 amendment to section 316.614 of avoiding a double . . .

PAGES, v. DOMINGUEZ, a By DOMINGUEZ, E., 652 So. 2d 864 (Fla. Dist. Ct. App. 1995)

. . . . § 316.614(10), Fla.Stat. (1993). . . .

UNION, v. STATE, 642 So. 2d 91 (Fla. Dist. Ct. App. 1994)

. . . Appellant cites section 316.614(5), Florida Statutes, which makes it unlawful for anyone over age 16 . . .

BULLDOG LEASING COMPANY, INC. v. A. CURTIS,, 630 So. 2d 1060 (Fla. 1994)

. . . . § 316.614, Fla.Stat. (Supp.1986). . . .

A. CURTIS, v. BULLDOG LEASING COMPANY, INC., 602 So. 2d 611 (Fla. Dist. Ct. App. 1992)

. . . . § 316.614, Fla.Stat. (1991). . . .

STATE OF FLORIDA v. UMANA, 48 Fla. Supp. 2d 37 (Fla. Cir. Ct. 1991)

. . . violation of Florida Statute 316.193 and 316.1925 driving on the sidewalk and violating Florida Statute 316.614 . . .

UNITED STATES v. WILLIAMS,, 876 F.2d 1521 (11th Cir. 1989)

. . . . § 316.614 (West Supp.1989) provides in relevant part: (4) It is unlawful for any person: (b) To operate . . .

BONDS, Jr. Sr. v. S. FLEMING,, 539 So. 2d 583 (Fla. Dist. Ct. App. 1989)

. . . seat belt is consistent with the public policy expressed within Florida’s Safety Belt Law, section 316.614 . . . See § 316.614(5), (10). . . .

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

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

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

. . . See § 316.614, Fla.Stat. (Supp.1986), and American Auto. Ass’n v. . . . Section 316.613(3) also remains intact following the adoption of section 316.614. . . . .

TUCKER, v. FORD MOTOR CREDIT COMPANY,, 22 Fla. Supp. 2d 56 (Fla. Cir. Ct. 1987)

. . . Florida Statute 316.614(10) provides that a violation of this law does not constitute negligence per . . .

AMERICAN AUTOMOBILE ASSOCIATION, INC. Co. Co. D. v. TEHRANI, 508 So. 2d 365 (Fla. Dist. Ct. App. 1987)

. . . issues include Tehrani's argument that our 1986 Legislature’s passage of the Florida Safety Belt Law, § 316.614 . . .