Wearing headset/headphones while driving
Florida Statute § 316.304
Summary verified against the 2026 Florida Statutes: October 1, 2026.
Quick Summary
A person operating a vehicle generally may not wear headphones, a headset, or another listening device. Exceptions include hearing aids; qualifying official/emergency equipment; a motorcycle-license examination; helmet speakers positioned away from the ears so surrounding sounds remain audible; and a cellular-phone or central-base headset providing sound through only one ear while the other hears surroundings. Document use, configuration, and purpose. One-ear use is not a blanket exception for every listening activity.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Equipment / Distracted Driving
- Type
- Non-Moving
- Civil / Criminal
- Civil
- Offense Classification
- Nonmoving infraction
- Points
- 0
- Fine / Penalty
- $30 base nonmoving penalty; offense-specific penalties/court costs may differ
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.