Florida Child Car Seat Laws

by Ronald Rosen | Car Accident Blog
happy children sitting in the back of a car

Car seats, booster seats, and related safety equipment are critical for child passenger safety, and they’re so effective that Florida has laws in place mandating their use. Violating Florida’s child seat laws can result in fines and put children at increased risk of injury if a car crash occurs.

Current Florida Child Car Seat Laws by Age Group

While state law requires all drivers and passengers under 18 to wear seat belts, more specific requirements apply to younger passengers. Here’s what Florida law says about what car seats children in cars must use, depending on their age:

  • Ages 0–3 – Infants must ride in a separate car seat or a vehicle manufacturer’s integrated child seat. Regardless of the type of device, it must be a crash-tested, federally approved child restraint system.
  • Ages 4–5 – Young children up to age 5 must ride in a separate carrier, integrated child seat, or booster seat. In certain situations, such as medical emergencies or when someone outside the immediate family is transporting them, a standard seat belt is allowed if it meets the requirements in the Florida Statutes.
  • Age 6 and older – No specific restraint device is mandatory, but the child must use a regular seat belt.

Florida law does not specify when a child should move from a rear-facing car seat to a forward-facing car seat. However, parents and other motorists transporting small children should follow manufacturer recommendations regarding the correct type of child safety seat for the child’s age and size.

Penalties for Violating Florida’s Car Seat Laws

Per state law, the penalty for violating Florida’s car seat laws is three points on the offender’s driver’s license. An offender may also be required to pay a $60 base fine and various surcharges under Florida law, as the offense is classified as a moving violation.

How Car Seat Violations Affect Accident Liability Claims

A child’s risk of severe or permanent injuries increases considerably when they are not using a car seat, booster seat, or wearing a seat belt as the law requires. As such, an insurance company may argue that a child’s injuries were partly the result of their parent’s or guardian’s failure to use a proper restraint, and that the insurance company should not have to cover the additional cost of the preventable injuries.

If this happens to you, get in touch with our experienced personal injury attorney immediately. We can push back against these unfair tactics and fight for the full compensation your family needs.

Common Misconceptions About Florida’s Car Seat Laws

Many parents wrongly assume that car seat requirements apply to a child’s size rather than their age. However, Florida law requires the use of a proper child restraint device for children under 6 in most situations, regardless of their height and weight.

Some parents might skip the seat when going on short errands, but car seat laws apply to all public roads. When in doubt, assume your child needs a car seat or other safety system, and make sure they are properly buckled in whenever they are in a car. Check the state’s website for further guidance.

Contact Our Attorneys for Legal Advice on Child Safety and Accident Cases

Rosen & Ohr, P.A., has served injured people throughout South Florida for over 50 years. If your child has been injured in a car accident someone else caused, we want to help you seek the money needed to make things right for your family.

Contact us today for a free consultation with our car accident attorneys, and let’s talk about your next steps together.

Personal Injury Attorney Ronald Rosen

Ron looks forward to many more years of serving others in law by utilizing his vast experience and extensive knowledge of the law to provide outstanding legal representation and exceptional personal service. He is grateful for the opportunity and role he has had in representing others in personal injury lawsuits, medical malpractice cases, and workers’ compensation claims.