Protect infants, toddlers and children by putting them in the right seat at the right stage
“But I want the big kid seat!” Most parents have heard that refrain from their car seat-bound children.
Some Florida parents themselves are divided on the question of when its ok for a child to sit in the front seat or when to move to a seat belt and booster from a five-point harness car seat. It can be hard to get squirming bodies into those buckles, so many grownups look forward to the day when their children can simply buckle in themselves. But as with many parenting decisions, the short-term effort pays off in the long run.
Florida has its own specific car seat legislation intended to protect children who aren’t large enough for seatbelts. The following information will help you determine whether to keep your child in a booster seat, car seat, or whether he or she can graduate to the big kid seat once and for all.
We recommend holding off as long as possible. Here’s why…
Car seat regulations in Florida
The car seat law in Florida lays out the very minimum that every parent must follow legally. However, parents should understand that Florida law is quite bare bones, and there are other recommendations that could make a difference in your child’s safety in the event of a car accident.
Florida law on car seat use by age:
- Ages 0-3: Children must use a separate carrier device or a manufacturer’s integrated child seat.
- Ages 4-5: Children must use a separate carrier, an integrated child’s seat or a child’s booster seat.
- Ages 6-17: Children must be wearing a seatbelt.
It is the responsibility of parent or supervising adult to make sure that any child in the car under the age of 6 is properly restrained in a federally-approved child car seat.
What happens if you don’t follow with this law? Aside from the greater risk of death and trauma to your child in an accident, failure to comply can result in a $60 fine and 3 points against your driver’s license.
Beyond that, there are basic safety recommendations that families would do well to heed.
Children should ride in the back seat of the car, though this is not legally required. This is because of concerns with air bag deployment, which – given the child’s height and the location of the air bags – could result in head trauma.
Beyond the law - age, weight or height for car seat safety decisions?
Child safety seats, when used correctly, reduce the risk of death by 70%. And it’s not like federally-approved booster seats cost that much; for that peace of mind, you can pay as little as $15. You can even get your car seat inspected if you want more peace of mind.
Florida was one of the last states to institute booster seats (as of January 1, 2015); before that, it went from child’s seat straight to adult seat belt with nothing in between. That meant the adult seat belt didn’t fall correctly on the child’s body, and if he or she were in an accident, something bad would probably happen. (A seat belt is meant to fall across the hips and shoulders, not the belly and neck. The latter could possibly decapitate a person. Do yourself a favor and don’t envision it.)
Governor Rick Scott signed into law the booster seat initiative, which many in the AAA Auto Club Group and other organizations had been working toward for 14 years. However, Florida still doesn’t follow the American Academy of Pediatrics’ recommendations, which state that children should be restrained in booster seats until they are at least 4’, 9” tall.
Bevin Maynard, child advocacy supervisor at St. Joseph’s Children’s Hospital, said “The magic number is not weight or age. It’s height.” A child under 4’, 9” needs to be in a booster seat, no matter how old he or she is.
The National Highway Traffic Safety Administration stated that improperly restrained children in traffic accidents is the leading cause of death for American kids between the ages of 5 and 14.
Charles Paidas, director of pediatric trauma surgery at Tampa General Hospital and vice dean of clinical affairs and graduate medical education with the University of South Florida, sees about 100 children every year who undergo trauma surgery at his facility. Many of them would not be so severely injured if they were in the proper booster seats. If they had been properly restrained, the number of injuries could be halved.
It is a step in the right direction, though some states require children to be in restrained seats until the age of 8. The Safe Kids Coalition actually recommends that children use car seats until they reach the manufacturer’s maximum weight guidelines.
The takeaway for parents
There are a lot of conflicting sources and websites offering different information as to what you should do with your child.
The safest thing to do is to keep your kid in a booster seat as long as possible – until he or she is 4’, 9”, and the manufacturer’s maximum weight guidelines for the seat. Once your child has reached that point (and past the age of 6) you should feel comfortable graduating your kid to a seatbelt.
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Golan Manor says
Scary article but true. We need to be aware of these things so we can appreciate the importance of car safety, especially for our kids. You can even bring your car seat onboard a plane.
Tiffany Jackson says
My son just turned 3, however he is 40lbs and 41 inches tall. For FL he will still need to be in a 5 point harness car seat. Or can he be in a booster seat yet, he looks like he is 5 years old already. Thanks
Lisa Banks says
Hi Tiffany, thanks for stopping by. It sounds like he is quite a big boy! Florida does have requirements by age. The statutes do not seem to specify whether a harness is required or not. It says “if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device.
1. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat.
2. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a child booster seat may be used.
Please find more details about the Florida laws here. I recommend you consult the manufacturers of federally approved child seats to find the one that is going to be most appropriate for your son given his height, weight and age.
Francesca says
My son is a year old 27 pounds and 30in tall can I foward face his car seat? The car seat it self says I can switch forward but i don’t know if Florida has a law about rear and forward facing.
Carrie Warren says
Hi Francesca! Florida laws in this area leave a lot of room for parental discretion. Here’s what it says,
“Every operator of a motor vehicle as defined in this section, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device.
1. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat.
Sounds to me like as long as you’re using a crash-tested, federally approved car seat properly then you’re all set. 🙂 Feel free to check out that statutes here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.613.html
David says
Question. My son is a big kid and 10 years old. He rides in the front seat however I raise the seat height has well as put the seat very far back so that it’s completely out of reach if the front airbag were to deploy…. is this legal?
Sandra Rosen says
Nice blog!! Thanks for sharing such an amazing piece of information with us. I really like to read your blog. Keep blogging…
Ian Pisarcik says
Thanks, Sandra!
Ian Pisarcik says
David,
It’s legal to put your child in the front seat – just not recommended.
Angi says
Do you have any opinion on those things that make the car seat strap fit better for kids?
Ian Pisarcik says
Unfortunately, I’m not an expert on car seat fits. I would recommend reaching out to a car safety organization, such as: https://www.nhtsa.gov/car-seats-and-booster-seats/training-contacts-state-child-passenger-safety
Sandi Stewart says
My granddaughter is 43 lbs…5 yrs old and 40 in tall. Can she use a. Poster seat and a seat belt now?
Meme says
Do any regulations or recommendations address the child’s legs having to be bent up if in a rear facing car seat?
Thank you!
Melissa Gold says
Hi, Meme. That’s a great question — thank you for asking. As a parent, I completely understand your concerns about your child’s legs being bent in a rear-facing seat. However, car seat experts say that a rear-facing seat is the safest way for your child to travel while they’re young and small enough to be that way. In fact, your child probably isn’t even uncomfortable with their legs rear-facing, even as an older toddler. Kids sit “criss-cross applesauce” all the time… remember, they’re usually more flexible than we are as adults. Sitting with their legs in a “w” position or even splayed outside the seat on the sides is probably perfectly comfy for a little one.
The website Car Seats for the Littles says leg injuries are practically non-existent for children in rear-facing seats.
Some kids don’t like being in car seats, but they need to do it if they’re going to ride in cars. Your child should ride rear-facing until their weight exceeds the recommendation from the seat manufacturer. In Florida, the recommendation is that they should remain rear-facing until 40-45 pounds, which could be around 4 years old. Great job keeping your little ones safe!
Ian Pisarcik says
Sandi,
Your child can use a booster seat, assuming she meets the weight requirements of the specific booster seat.
Ann says
Hey there,
My daughter is 5. Can she use a booster seat — without a back — and the car’s seatbelt?
Ian Pisarcik says
Yes. She can use a booster seat. The statute doesn’t specify the type of booster seat.
Here’s some more information on recommended booster seats: https://www.healthychildren.org/English/safety-prevention/on-the-go/Pages/Car-Safety-Seats-Information-for-Families.aspx
Marc says
Hi my child is a big 10 year old boy. We are visiting Orlando this year and the laws are not clear. Can he ride in the front of a car with seat belt.
Melissa Gold says
The Florida Department of Highway Safety and Motor Vehicles and the CDC recommend that a child sit in the back seat until age 13 because front airbags can be dangerous to children. It doesn’t qualify based on height or weight.
The safest place for your child is in the car’s back seat. Although a 10-year-old isn’t required to sit in a booster seat, the recommendation is for children to use a booster seat as a belt positioner until they reach 4’9″ tall. If your child is taller than 4’9′, he would be able to sit in the seat with the regular seat belt. Enjoy your trip!
John Snare says
My grandson is 7 years old and 54 pounds in weight. We have a 2-seater sports car and he naturally wants to ride in Papa’s “race car” as he calls it. I would just like to occasionally drive him up and down our street at slow speeds which I know would please him. I gather that this is not illegal but also not recommended. Want to be sure I do the right thing. Can someone clear this up for me?
Melissa Gold says
Hi, John. Both the CDC and the National Highway Traffic Safety Administration recommend that children ride in the back seat until they are at least 13 years old. In addition, most 7-year-olds probably should still be in a child safety seat or booster seat, depending on the child’s height and weight. The Florida Highway Safety Department says children should ride in the back seat until age 12. One reason why children should be in the back seat is because an airbag that deploys can be especially dangerous to a smaller person in the front. Be safe!
John Snare says
Thanks Melissa. Vinnie uses a booster seat but fusses about “being a big boy now”. I think I will limit his rides to just around the house. Our street is not heavily traveled. But no taking him out in real traffic until 13 and his little butt will remain in a booster seat. I will exercise maximum caution at all times. Thanks again.
Melissa Gold says
Yes, I understand. Even little kids feel peer pressure to be “big” and they all want out of those car seats! But as the adults, sometimes we have to do the unpleasant task of laying down the rules for their own safety. Glad you’re using good judgment. Enjoy your time with your grandson!
John Snare says
Have the argument every day about his bicycle helmet – but I make him wear it even with his scooter. Just have to lay down the law. His grandmom was a nurse and she has seen every kind of child injury and I rely on her judgement a lot about such things.
Thanks again.
Melissa Gold says
Good job! Also, a child under 16 is required by law in Florida to wear a bike helmet. Take care!
Julieth says
Hi, but is it ilegal or illegal for a 6yo to ride in the front seat of a 2 seat car?I just want to know if there is an actual law that prohibits it in Florida.
Also, as far as safety, does it make a difference if the child is seating in a car seat in the front seat (the maxi-cosi Car seat designed for 2 – 8 yo children)? not a booster, a full car seat with side protection and 5 point harness, that positions the Child’s head to the level of an adult’s head.
Thanks!!! 🙂
Jessica Brown says
Hi,
I have two sons that will be visiting their grandparents one will be five in June and one will be 7 in may. We will be down there in March.
Would I be able to get two boosters without a back for both of them while we are down there ?
Thank you
Emily Smith says
Is my child who is 12 years old and meets the height and weight requirements to ride in the front seat allowed to if she wants to ride with a certain parent but all the other seats are full? (In Florida)