Fla. Stat. § 316.304
civil infractionverifiedWearing of headsets
How Florida classifies this section
Noncriminal traffic infraction (civil)
“Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.66(3) is charged with a noncriminal infraction”
— § 318.14(1), Fla. Stat., verbatim
The statute, verbatim
316.304 Wearing of headsets. — (1) No person shall operate a vehicle while wearing a headset, headphone, or other listening device, other than a hearing aid or instrument for the improvement of defective human hearing. (2) This section does not apply to: (a) Any law enforcement officer equipped with any communication device necessary in performing his or her assigned duties or to any emergency vehicle operator equipped with any ear protection device. (b) Any applicant for a license to operate a motorcycle while taking the examination required by s. 322.12(5). (c) Any person operating a motorcycle who is using a headset that is installed in a helmet and worn so as to prevent the speakers from making direct contact with the user’s ears so that the user can hear surrounding sounds. (d) Any person using a headset in conjunction with a cellular telephone that only provides sound through one ear and allows surrounding sounds to be heard with the other ear. (e) Any person using a headset in conjunction with communicating with the central base operation that only provides sound through one ear and allows surrounding sounds to be heard with the other ear. (3) The department shall inspect and review all headset equipment submitted to it and shall publish a list by name and type of approved equipment. (4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. History. — s. 1, ch. 73-4; s. 1, ch. 76-31; s. 8, ch. 83-228; s. 4, ch. 84-284; s. 2, ch. 85-329; s. 24, ch. 87-161; s. 3, ch. 88-405; s. 3, ch. 92-18; s. 24, ch. 95-143; s. 327, ch. 95-148; s. 219, ch. 99-248; s. 105, ch. 2002-20; s. 11, ch. 2019-5. Note. — Former s. 316.0285.
sha256 92b2531387147e237ff6126879b01b4d… · 2025 Fla. Stat., dual fetch-path pipeline · permanent corpus page →
Which text, as of when
2025 Florida Statuteslast amended 2019Decoded against the 2025 Florida Statutes as ingested — dual fetch-path verified, hash-pinned. Session laws amend sections on their own effective dates; the 2026 Laws of Florida are indexed as the corpus's overlay.
History. — s. 1, ch. 73-4; s. 1, ch. 76-31; s. 8, ch. 83-228; s. 4, ch. 84-284; s. 2, ch. 85-329; s. 24, ch. 87-161; s. 3, ch. 88-405; s. 3, ch. 92-18; s. 24, ch. 95-143; s. 327, ch. 95-148; s. 219, ch. 99-248; s. 105, ch. 2002-20; s. 11, ch. 2019-5. Note. — Former s. 316.0285.
License points — the scale, shown
Point values attach on conviction, under § 322.27(3)(d)'s graduated scale. Which row a case lands on can turn on facts the citation and the disposition determine — the rows that could reach this section are shown with their own words and conditions. The scale is shown, not applied.
“All other moving violations (including parking on a highway outside the limits of a municipality)—3 points.”
“Any moving violation covered in this paragraph, excluding unlawful speed and unlawful use of a wireless communications device, resulting in a crash—4 points.”
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The War Room reads the statute box off your citation (typed, or photographed in your browser — the image never uploads), computes your 30-day window with the arithmetic shown, and lays out every option with its consequences quoted. Free with a verified account; no payment, no card.
Open the War Room — free accountQuestions drivers ask
Is a section 316.304 ticket criminal or a civil infraction in Florida?
Section 316.304 sits in the noncriminal traffic infraction framework: Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615, s. 322.19, or s. 1006.6… (§ 318.14(1), Fla. Stat.). The § 318.17 criminal exceptions do not name this section.
What is the deadline after a section 316.304 citation?
Under § 318.14(4)(a), a person charged with a noncriminal infraction who does not elect to appear generally has 30 days after the date of issuance to pay or enter the clerk's payment plan. The War Room computes the exact window from your citation's issuance date, arithmetic shown, and § 318.15 states what follows a missed window. Verify any date with the clerk of the county on the citation.
What are the options after a section 316.304 ticket?
The § 318.14 menu, where it applies: pay the penalty (an admission by statute), enter a payment plan, elect the basic driver improvement course where eligible (adjudication withheld, no points, once per 12 months and eight times lifetime), or request the infraction hearing where the state must prove the infraction beyond a reasonable doubt (§ 318.14(6)). Any option can be walked with a licensed attorney — choosing is yours, or one to make with counsel.
How many license points can section 316.304 carry?
Points attach on conviction under § 322.27(3)(d)'s graduated scale. The rows that could reach this section carry 3, 4 points, with conditions the statute itself states (crash involvement, speed over the limit, school-zone factors). The scale is shown, not applied — which row fits a case depends on facts the citation and the disposition determine.
Can this page tell me what to do about my ticket?
No — and that line is the product. It shows the statute verbatim, the classification, the point rows, and the options with their stated consequences. What to do about a specific ticket is a decision for you, or for a licensed attorney; the free War Room decodes your citation, and the attorney connection is free to request with the firm billing directly.
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