Florida's Primary Seat Belt Laws: When Did They Start?

In Florida, it is now a primary offense for motorists not to wear a seatbelt, meaning law enforcement officers can stop and ticket a driver if they observe a violation without needing another reason to pull them over. This change in the law came into effect on June 30, 2009, with the Dori Slosberg and Katie Marchetti Safety Belt Law. Before this, officers could only cite drivers for not wearing a seatbelt if they were pulled over for another reason, such as speeding.

Florida's primary seat belt law

The Dori Slosberg and Katie Marchetti Safety Belt Law requires all drivers, all front-seat passengers, and all passengers under the age of 18 to fasten their seat belts. This law applies to all motorised vehicles, except:

• A person with a medical condition that makes seat belt use dangerous or impossible. Such a person must carry a doctor's note in their vehicle.
• Employees of newspaper home delivery services while delivering newspapers.
• School buses purchased before 31 December 2000.
• Buses used for the transportation of persons for compensation.
• Trucks with a net weight of more than 26,000 pounds.

Florida law also requires children under the age of 13 to ride in the back seat. Children under the age of 5 must be strapped into an age and weight-appropriate car seat whenever the car is in motion.

Failing to follow Florida's seat belt laws is a primary offense, meaning law enforcement officers can pull over a driver and issue a citation for not wearing a seat belt, without needing another reason to pull the driver over. The fine for not wearing a seat belt is $30 for adults and $60 for children under the age of 5. The driver of the vehicle is responsible for paying the fine, regardless of who was not wearing a seat belt.

Seat belt usage in Florida

Seat belt laws in the United States are mostly left to state law. Florida has had laws regarding the use of seat belts since 1986, and these laws have been updated several times since then.

The Dori Slosberg and Katie Marchetti Safety Belt Law

The Dori Slosberg and Katie Marchetti Safety Belt Law, which came into effect on June 30, 2009, made failing to follow seat belt laws a primary offense in Florida. This means that law enforcement officers can pull over a driver and issue a citation for not wearing a seat belt, without needing any other reason to pull the vehicle over.

Who Does the Law Apply To?

The law requires that all drivers, all front-seat passengers, and all passengers under the age of 18 fasten their safety belts. Adults riding in the back seat are not required by Florida law to wear a seat belt, although 29 other states do require this.

Exemptions

The Florida law does make some exceptions to the rule. A person with a medical condition that puts them at risk of injury from a seat belt does not have to wear one, but they must carry a doctor's note in their vehicle. The same is true for employees of a newspaper home delivery service while delivering newspapers on home delivery routes. The law also does not apply to the living quarters of a recreational vehicle or a space within a truck body primarily intended for merchandise or property.

Fines

If a driver is found to be in violation of the law, they will be fined $30. If a passenger aged 6-18 is not wearing a seat belt, the fine is $30 for the driver. If a child under 5 is unrestrained, the fine is $60. These fines are higher in some localities; in Palm Beach County, for example, not wearing a seat belt carries a fine of $116.

Importance of Seat Belt Usage

Seat belts save lives, but only if they are worn correctly every time. In a crash, a seat belt prevents you from being ejected from the vehicle, thrown against other passengers or the interior of the car, and helps you stay behind the wheel where you can attempt to control the vehicle. Wearing a seat belt reduces your risk of being injured or killed in a crash by almost 50%. Despite this, in 2023, one in five traffic deaths in Florida was because the victim wasn't wearing a seat belt.

Seat belt law exemptions

In Florida, seat belt laws became primary in 2009 with The Dori Slosberg and Katie Marchetti Safety Belt Law. This law requires all drivers, front-seat passengers, and passengers under the age of 18 to fasten their safety belts. While Florida law mandates the use of seat belts for all drivers and passengers in motorized vehicles, there are some exemptions.

Florida law provides exemptions for certain individuals who are not required to wear seat belts. Here are the exemptions:

• Medical Condition: Individuals with a medical condition that makes seat belt use inappropriate or dangerous are exempt. These individuals must have a physician's certification stating their condition and keep a copy of this certification while driving or being driven. If they are stopped by a law enforcement officer, they may be asked to provide this documentation to avoid a citation.
• Newspaper Delivery Personnel: Employees of a newspaper home delivery service are exempt from the seat belt law while actively delivering newspapers.
• School Buses and Older Buses: School buses purchased new before December 31, 2000, are exempt from the seat belt requirement. Additionally, buses used for the transportation of persons for compensation are also exempt.
• Heavy Trucks: Trucks with a net weight of more than 26,000 pounds are exempt from the seat belt law.
• Children in Certain Circumstances: A child between the ages of 4 and 5 may use a seat belt without a booster seat if they are being transported as a favor or in an emergency by someone who is not an immediate family member.

It is important to note that these exemptions are specific to Florida's seat belt laws and may not apply in other states or jurisdictions. Additionally, while there are exemptions, wearing a seat belt is still highly recommended for safety reasons, even if not legally required.

Consequences of not wearing a seat belt

In Florida, wearing a seat belt became a primary offense with The Dori Slosberg and Katie Marchetti Safety Belt Law, which came into effect on June 30, 2009. This law allows law enforcement officers to stop a vehicle if they see the driver or a passenger violating the statute by not wearing a seat belt.

The consequences of not wearing a seat belt can be severe and far-reaching. Firstly, it is important to understand that failing to wear a seat belt in Florida is a civil traffic infraction, not a criminal offense. The immediate consequence is typically a fine and points on your license. The fine for an adult not wearing a seat belt is $30, while the fine for a child not wearing one is $60. These fines can vary by locality, with some areas imposing higher fines, such as in Palm Beach County, where the fine for not wearing a seat belt is $116.

While a driver or passenger cannot go to jail solely for not wearing a seat belt, there are instances where being stopped for this infraction could lead to an arrest. If an officer suspects the driver has been drinking, it could lead to a DUI investigation and possible arrest. Additionally, if illegal substances or contraband are found in the vehicle during a search, the driver or passenger could be arrested, even if the initial stop was due to a seat belt violation.

Failing to wear a seat belt can also have significant implications in the event of a car accident. Not wearing a seat belt increases the risk of injury or death for all vehicle occupants. In a crash, a seat belt prevents ejection from the vehicle and keeps occupants from colliding with each other or the interior of the car. It also helps keep the driver behind the wheel, allowing them to potentially control the vehicle and minimize damage.

In terms of insurance and legal consequences, not wearing a seat belt can affect insurance claims or personal injury lawsuits. Insurance companies may push back on covering all expenses if it is determined that the driver or passengers were not wearing seat belts, as it indicates a lack of safe driving practices. Additionally, in a personal injury lawsuit, survivors who did not wear a seat belt may face greater scrutiny and potentially reduced compensation.

To avoid these consequences, it is crucial to understand the importance of wearing a seat belt every time you get into a vehicle. Buckling up significantly reduces the risk of injury or death in a crash and ensures the safety of everyone in the vehicle.

The importance of wearing a seat belt

In Florida, the Dori Slosberg and Katie Marchetti Safety Belt Law, which came into effect on June 30, 2009, made failing to wear a seat belt a primary offense. This means that law enforcement officers can pull over a driver for not wearing a seat belt without needing another reason.

Now, here are some reasons why wearing a seat belt is important:

Safety for All Passengers and Motorists

Seat belts save lives, and this fact has been proven through countless studies and research. Even if your vehicle doesn't have airbags, a seat belt can still save your life.

Keep You Secure During Impacts

Seat belts keep you in your seat and prevent you from being thrown through the windshield or tossed around the vehicle during a collision. The G-forces created during impacts can result in more severe injuries if you're not wearing a seat belt.

Works in Tandem with Airbags

Airbags are designed to work with seat belts to keep you in place. If you're not wearing a seat belt, the airbag system won't be able to effectively protect you.

Avoid Fines and Legal Consequences

In Florida and many other states, it is illegal to drive or ride in a motor vehicle without wearing a seat belt. Failing to comply can result in traffic tickets, fines, and even points on your driving record.

Reduce the Risk of Serious Injuries and Death

Seat belts significantly reduce the risk of injury or death in a crash. They help to slow down your body during a sudden stop or collision, preventing you from hitting the dashboard or windows. Additionally, they protect your brain and spinal cord, which are vulnerable to traumatic injuries in a crash.

Affects Auto Insurance Rates and Claims

If you regularly receive traffic tickets for not wearing a seat belt, your auto insurance rates may increase as you're considered a high-risk driver. Additionally, your insurance policy may deny reimbursement for damages or injuries if you were not wearing a seat belt during an accident, regardless of who was at fault.

Frequently asked questions