Florida’s Car Seat Laws: What You Need to Know


Anyone with a young child needs to know about car seat rules. Whether you live in Florida or visit the state, you must comply with Florida’s laws. Florida’s safety seat laws apply to all children on the roads in Florida, even if they’re not residents of the area.

In Florida, car seat laws apply to children based on their age. Our lawyers explain the essential rules and car seat or booster recommendations in the United States to protect your child and keep everyone safer on the road.

What are Florida’s car seat laws?

Each state’s laws can vary regarding weight or height limits. It’s essential to know the rules for children secured in a child seat, be aware of manufacturer instructions, and how to assess seat belt fit to determine where a child can safely sit. In Florida, the rules are:

  • Ages 0-5 – Children must use a full car seat based on age.
  • Ages 0-3 – A child must either use a full or booster car seat or a car seat integrated with the car. 
  • Ages 4-5 – Children must use a booster seat, a full car seat, or a car seat integrated with the vehicle.
  • Ages 6-17 – Children must wear a seatbelt. 

Car seat laws in Florida1 take into account the age of the child. Even if the child is very tall or short, the rule depends on age. There are no exceptions to the laws when children are above or below average for their height.

All car seats must be crash-tested and federally approved and follow safety standards set by car manufacturers. Some rear-facing car seats can safely transport children weighing 40 pounds or more.

Are there car seat exceptions?

There are only exceptions for booster seats in the case of medical emergencies and children with medical conditions. If a child doesn’t use a safety seat because of a medical condition, you must have documentation from a health care professional to present to law enforcement. There’s also an exception in the booster seat law when giving someone else’s child a ride without pay.

What are the national car seat recommendations?

Even though Florida law requires a full safety seat for children under the age of 3 and a booster seat until age 6, national recommendations are much more complex. The National Highway Traffic Association (NHTSA)2 has its own set of recommendations for the road. For example, NHTSA recommends:

  • Ages 0-4 – Full car seats
  • Ages 8-12 – Use booster seats

NHTSA also recommends that children remain in their booster seats until they properly fit in a seat belt.

What is the weight for a booster seat?

According to Florida Highway Safety and Motor Vehicles (FLHSMV), children between four and five years of age must be in a separate carrier, integrated child seat, or booster seat. Children should remain in a booster seat until they’re 80 pounds or taller than 4’9″.

Are drivers responsible for the children in their vehicles?


Parents are responsible for the children they transport. If you drive your child, there’s no exception to car safety laws.  

A child under three must still be in a car seat. The booster seat is not required for an older child if you’re giving someone else’s child a ride without pay. As the driver, it’s your responsibility to ensure that you’re following the law regarding the safety of the children you’re driving and all Florida laws.

When do car seat laws not apply?

Florida’s car seat law3 defines circumstances in which it does and does not apply. This includes: 

  • Buses that meet a specific definition
  • Most farm equipment
  • Motorcycles
  • Bicycles 

How do Florida car seat laws apply to accidents?

How do Florida safety seat laws work for car accident cases? Florida’s law states that failing to use a child restraint system isn’t admissible evidence in a civil suit to show comparative negligence.

In other words, if you and your children are victims of a car accident, the other side can’t try to use it against you if you don’t have the children in the appropriate safety seats. The jury can’t hear evidence or arguments that failing to follow the seat belt laws amounts to negligence. 

What’s the penalty for a child not being in a car seat in Florida?

Male police officer giving a woman in a white vehicle a traffic ticket

If your child isn’t properly using a car seat in Florida, you face 3 points on your license and a fine. You may be able to attend a driver safety course to avoid the points on your driver’s license. The program you attend is up to the judge’s approval in the state your violation occurs.

Are car seat laws the same in each state?

Each state has its car seat laws. State laws4, including Florida rear-facing car seat laws by state, might change when you cross from one to another. You need to know the law in each state when traveling with a child. Some rules that change from state to state may include:

  • Ride in a rear-facing car seat age
  • Use of a point harness according to the year of age
  • Ages for riding in a rear seat
  • Belt use according to height and what a child weighs

Work With Our Car Accident Attorneys in Tampa, FL

The lawyers at Jack Bernstein, Injury Attorneys know Florida traffic laws inside and out. Jack and his legal team have years of experience helping people understand the law and pursue their rights. 

If you or your child is hurt in a car accident involving a car seat, you may have a right to claim compensation. Florida laws, including Florida’s car seat laws, can be complex. Our Florida car accident attorneys team will help you assert your rights and get the compensation you deserve.

Don’t assume that you don’t have a claim. Instead, we invite you to contact our Tampa attorneys for a friendly, confidential discussion of your case. Call us today to connect immediately with one of our professional team members.

1FLA. STAT. §316.613.

2National Highway Traffic Safety Administration (NHTSA). Car Seats and Booster Seats.  

3FLA. STAT. §316.003

4Safe Ride 4 Kids. What Does Your State Law Say About Car Seats? Safe Ride 4 Kids. 

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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