Florida Car Seat Laws
If you’re a parent or a caregiver on the road, it’s important to have a firm grasp on Florida car seat laws so you can ensure the safety of your most vulnerable passengers. At Fine, Farkash & Parlapiano, P.A., our Gainesville car accident lawyers are committed to helping families understand these safety regulations.
Call our law firm for a free consultation today to learn more about how these laws might affect your family’s rights after an accident.
Overview of Child Restraint Laws in Florida
Florida Statute 316.613 establishes clear guidelines for child safety restraints based on age groups. The law mandates that anyone transporting a child 5 years of age or younger must use a crash-tested, federally approved child restraint device:
- Children 0-3 years must use a separate carrier or a vehicle manufacturer’s integrated child seat
- Children 4-5 years can use a separate carrier, integrated child seat, or booster seat
Something that parents often overlook is that these requirements are minimums, not maximums. Many children benefit from staying in more protective restraints longer, even if the law allows them to move to the next stage.
Florida Car Seat Exemptions
Florida law recognizes a few situations where child restraint requirements do not apply. These exemptions apply when:
- A non-family member transports the child without compensation
- The child is in a medical emergency
- The child has a documented medical condition requiring an exception
Certain vehicles are also exempt, including:
- School buses
- Buses used for paid transportation
- Farm tractors
- Trucks with a gross vehicle weight rating (GVWR) over 26,000 pounds
- Motorcycles, mopeds, bicycles, or electric bicycles
Types of Child Restraints
When it comes to car seats in motor vehicles, the Florida Department of Transportation follows the National Highway Safety Administration guidelines, which are designed to protect children as they grow and develop. From rear-facing infant seats to seatbelts, here’s a look at when to transition your child based on the best safety practices.
Rear-Facing Car Seat
Children under age 1 must always ride in a rear-facing car seat as these will cradle your baby’s delicate spine, neck, and head, especially in the event of an accident. They allow infants to rest on their backs in a reclined position with their feet pointing toward the vehicle’s rear. During a collision, this position reduces stress on a baby’s vulnerable neck and spinal cord. Recent research shows that children aged 0-4 years face lower injury risks when restrained in rear-facing positions during accidents.
As mentioned before, don’t rush to graduate your child to a forward-facing seat just because they’ve reached their first birthday. The safest thing to do is to keep them rear-facing until they reach age 3 and/or the maximum height or weight limit specified by your car seat manufacturer.
Forward-Facing Car Seat
Once your child outgrows their rear-facing seat, it’s recommended that you transition them into a forward-facing car seat with a harness. These seats are specifically for toddlers and young children up to age 7.
A forward-facing car seat includes a five-point harness that secures your child at the shoulders, hips, and between the legs. They’re proportionate to your child’s smaller frame, providing neck and back support that standard vehicle seats cannot. The seat also attaches to your vehicle using either the safety belt or LATCH anchors to limit forward movement during a collision.
Booster Seat
After your child meets the height or weight requirements for their front-facing car seat, it’s time to move them to a booster seat. Unlike rear- and front-facing child restraints, boosters don’t have built-in harnesses; instead, they work with your vehicle’s existing seatbelt system.
Booster seats properly position your vehicle’s adult-sized seatbelt onto your child. Without a booster seat, seatbelts can cross dangerously over a child’s abdomen or neck, rather than over the stronger hip bones and shoulders. The armrests and seat back on high-back boosters provide proper belt positioning and some side-impact protection.
Many experts suggest keeping children in booster seats from 4-7 years old to 8-12 years old, depending on when they can properly fit an adult seatbelt.
Seatbelts
Florida Statute 316.614 requires that all vehicle occupants under 18 years be restrained by either a safety belt or an appropriate car seat. While children can technically transition from booster seats to regular seats at a young age, this doesn’t necessarily mean they should.
For a seatbelt to work correctly, the lap belt must lie snugly across the upper thighs, not the abdomen, where it could cause internal injuries in a crash. The shoulder belt should rest securely across your chest and shoulder, without touching your neck or face. Even after meeting the height requirement, your child should be able to sit with their back against the seat, knees comfortably bent over the edge, and feet flat on the floor.
Why Having the Proper Car Seat is Important
In 2022 alone, 599 children under age 13 died in traffic crashes across the United States. What makes this even more tragic is that 189 of these children weren’t buckled in at all, while many others were using the wrong car seat for their size.
Using the right car seat can prevent serious injuries in a crash, including:
- Head and neck trauma
- Traumatic brain injuries (TBI)
- Concussions
- Spinal cord injuries
- Broken bones and fractures
- Chest and ribcage injuries
- Internal organ damage
- Facial lacerations
- Whiplash
Parents can protect their child from serious car accident injuries by making sure their child is properly buckled into the seat. To do this, choose a car seat that is appropriate for your child’s age and size. Make sure it fits correctly in your vehicle, check the manufacturer’s height and weight limits, and follow all installation instructions carefully.
Fines and Penalties for Florida Car Seat Violations
Violating Florida’s car seat laws results in a moving violation with 3 points against your driver’s license. The base fine is $60, but with added fees and court costs, you can expect to pay up to $158.
There is an alternative: with court approval, you can attend a child restraint safety program instead. Upon completion, the court may waive both the financial penalty and the points on your license.
How Car Seat Violations Affect Accident Claims
Florida follows a modified comparative fault rule for accident claims, meaning your compensation can be reduced by your percentage of fault in causing injuries. If you’re found more than 51% responsible, you cannot recover any compensation at all.
When it comes to accident claims, Florida Statute 316.613 says:
- If your child (under the car seat age requirements) wasn’t in a proper car seat during an accident:
- This CANNOT be used as evidence of comparative negligence
- This CANNOT be brought up at trial
- Insurance companies CANNOT use this to reduce your compensation
- If your child was under 18 and not wearing a seatbelt (when they should be using seatbelts instead of car seats):
- This CAN be used as evidence of comparative negligence
- This CAN reduce your compensation
This distinction is important after a Gainesville accident as it can directly affect how much compensation your family can receive for medical bills, pain and suffering, and other damages during settlement negotiations or at trial.
Schedule a Free Consultation with our Gainesville Car Accident Lawyers
If your child has been injured in a car accident in Gainesville, understanding how Florida’s car seat laws affect your case is crucial to protecting your legal rights. At Fine, Farkash & Parlapiano, P.A., our experienced car accident attorneys can evaluate your specific situation and help you pursue the maximum compensation available.
Don’t wait to get the legal help you need. Call us today to schedule your free, no-obligation consultation.
Sources:
316.613 Child restraint requirements. | The Florida Legislature
Car Seat Recommendations for Children | National Highway Traffic Safety Administration
316.614 Safety belt usage. | The Florida Legislature
Child Restraint | National Safety Council
CS/HB 1211 Child Restraint Requirements | The Florida Senate
Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.