Florida driving laws

The rules your permit test asks about, in plain English. Each one is quoted from Florida’s statutes or an official FLHSMV page. Handbooks are often years out of date, so where the law has changed we follow the law.

Checked October 2, 2026.

The short version

Phones and texting
Florida bans texting, emailing and other typed or read messages for all drivers while the vehicle is moving.
Alcohol and drugs (DUI)
Florida DUI is driving impaired or with a BAC of 0.08 or more.
Seat belts and child seats
Every Florida driver and front-seat passenger must buckle up, and every passenger under 18 must be belted or in a child seat wherever they sit.
Speed limits
Unless signs say otherwise, Florida limits are 30 mph in business or residence districts and 55 mph elsewhere.

Phones and texting

Florida bans texting, emailing and other typed or read messages for all drivers while the vehicle is moving. Holding a phone at all, even to talk, is banned in school crossings, school zones and active work zones.

Official wording (7 sources)
  • “A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication”
    leg.state.fl.us
  • “Any person who violates paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.”
    leg.state.fl.us
  • “Any person who commits a second or subsequent violation of paragraph (3)(a) within 5 years after the date of a prior conviction for a violation of paragraph (3)(a) commits a noncriminal traffic infraction, punishable as a moving violation”
    leg.state.fl.us
  • “A person may not operate a motor vehicle while using a wireless communications device in a handheld manner in a designated school crossing, school zone, or work zone area”
    leg.state.fl.us
  • “Any person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation, as provided in chapter 318, and shall have 3 points assessed against his or her driver license”
    leg.state.fl.us
  • “Unlawful speed, or unlawful use of a wireless communications device, resulting in a crash—6 points.”
    leg.state.fl.us
  • “A moving violation covered in this paragraph which is committed in conjunction with the unlawful use of a wireless communications device within a school safety zone—2 points, in addition to the points assigned for the moving violation.”
    leg.state.fl.us

Alcohol and drugs (DUI)

Florida DUI is driving impaired or with a BAC of 0.08 or more; drivers under 21 lose their license at 0.02, and commercial drivers face penalties at 0.04 (any alcohol puts them out of service). Refusing a test suspends your license for 1 year (18 months for a repeat) and is now a crime even the first time.

Official wording (11 sources)
  • “The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or”
    leg.state.fl.us
  • “it is unlawful for a person under the age of 21 who has a blood-alcohol or breath-alcohol level of 0.02 or higher to drive or be in actual physical control of a motor vehicle.”
    leg.state.fl.us
  • “A person who has any alcohol in his or her body may not drive or be in actual physical control of a commercial motor vehicle in this state.”
    leg.state.fl.us
  • “a person who violates this section and who has a blood-alcohol level of 0.04 or more grams of alcohol per 100 milliliters of blood”
    leg.state.fl.us
  • “his or her driving privilege is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test;”
    leg.state.fl.us
  • “if he or she refuses to submit to a lawful test of his or her breath, he or she commits a misdemeanor of the second degree”
    leg.state.fl.us
  • “Not less than $500 or more than $1,000 for a first conviction.”
    leg.state.fl.us
  • “Not more than 6 months for a first conviction.”
    leg.state.fl.us
  • “shall order the defendant to participate in public service or a community work project for a minimum of 50 hours.”
    leg.state.fl.us
  • “Upon a first conviction for a violation of the provisions of s. 316.193 , except a violation resulting in death, the driver license or driving privilege shall be revoked for at least 180 days but not more than 1 year.”
    leg.state.fl.us
  • “his or her driving privilege is suspended for a period of 6 months for a first offense or for a period of 1 year if his or her driving privilege has been previously suspended under this section.”
    leg.state.fl.us

Seat belts and child seats

Every Florida driver and front-seat passenger must buckle up, and every passenger under 18 must be belted or in a child seat wherever they sit; the driver is responsible for passengers under 18. Children 5 and younger must use a crash-tested child restraint (a separate or integrated seat through age 3; a seat or booster at 4-5).

Official wording (5 sources)
  • “To operate a motor vehicle or an autocycle in this state unless each passenger and the operator of the vehicle or autocycle under the age of 18 years are restrained by a safety belt or by a child restraint device”
    leg.state.fl.us
  • “It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle or an autocycle unless such person is restrained by a safety belt when the vehicle or autocycle is in motion.”
    leg.state.fl.us
  • “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.”
    leg.state.fl.us
  • “For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat.”
    leg.state.fl.us
  • “For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a child booster seat may be used.”
    leg.state.fl.us

Move Over law

For a stopped emergency vehicle, sanitation or utility truck, tow truck, road crew vehicle, or any disabled vehicle showing hazard lights, flares or people nearby, move out of the lane next to it on a multi-lane road. If you can't, or on a two-lane road, slow to 20 mph below the posted limit (5 mph if the limit is 20 or less).

Official wording (4 sources)
  • “or a disabled motor vehicle is stopped and is displaying warning lights or hazard lights; is stopped and is using emergency flares or posting emergency signage; or is stopped and one or more persons are visibly present”
    leg.state.fl.us
  • “If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2.”
    leg.state.fl.us
  • “Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less”
    leg.state.fl.us
  • “a sanitation vehicle is performing a task related to the provision of sanitation services on the roadside, a utility service vehicle is performing a task related to the provision of utility services on the roadside, a wrecker displaying amber rotating or flashing lights”
    leg.state.fl.us

School buses

Drivers in both directions must stop for a school bus showing its stop signal and stay stopped until the signal is withdrawn. On a divided highway with an unpaved median of at least 5 feet, a raised median or a physical barrier, oncoming traffic need not stop.

Official wording (3 sources)
  • “upon approaching any school bus which displays a stop signal, bring such vehicle to a full stop while the bus is stopped, and the vehicle shall not pass the school bus until the signal has been withdrawn.”
    leg.state.fl.us
  • “The driver of a vehicle upon a divided highway with an unpaved space of at least 5 feet, a raised median, or a physical barrier is not required to stop when traveling in the opposite direction of a school bus”
    leg.state.fl.us
  • “passes a school bus on the side that children enter and exit when the school bus displays a stop signal commits a moving violation, punishable as provided in chapter 318, and is subject to a mandatory hearing”
    leg.state.fl.us

Speed limits

Unless signs say otherwise, Florida limits are 30 mph in business or residence districts and 55 mph elsewhere; the highest posted limit allowed is 70 mph on limited-access highways and 65 mph on rural four-lane divided highways. School-zone limits are posted at no more than 20 mph in urbanized areas.

Official wording (6 sources)
  • “the maximum speed limits for all vehicles must be 30 miles per hour in business or residence districts, and 55 miles per hour at any time at all other locations.”
    leg.state.fl.us
  • “The maximum allowable speed limit on limited access highways is 70 miles per hour.”
    leg.state.fl.us
  • “has at least four lanes divided by a median strip is 65 miles per hour.”
    leg.state.fl.us
  • “A school zone speed limit may not be less than 15 miles per hour except by local regulation. No school zone speed limit shall be more than 20 miles per hour in an urbanized area”
    leg.state.fl.us
  • “The maximum speed within any municipality is 30 miles per hour.”
    leg.state.fl.us
  • “A person commits dangerous excessive speeding if he or she operates a motor vehicle: (a) In excess of the speed limit by 50 mph or more. (b) At 100 mph or more in a manner that threatens the safety of other persons or property”
    leg.state.fl.us

After a crash

If a crash injures or kills anyone or causes apparent damage of at least $2,000, immediately notify the local police (in a city), or otherwise the sheriff or Florida Highway Patrol. If no officer report is needed, the driver must send a written report to FLHSMV within 10 days.

Official wording (3 sources)
  • “The driver of a vehicle involved in a crash resulting in injury to or death of any persons or damage to any vehicle or other property in an apparent amount of at least $2,000 shall immediately by the quickest means of communication give notice of the crash to the local police department”
    leg.state.fl.us
  • “otherwise, to the office of the county sheriff or the nearest office or station of the Florida Highway Patrol.”
    leg.state.fl.us
  • “which does not require a law enforcement report shall, within 10 days after the crash, submit a written report of the crash to the department.”
    leg.state.fl.us

Insurance

Every Florida vehicle owner must carry $10,000 of personal injury protection (PIP) and $10,000 of property damage liability (PDL). Bodily injury liability is not required to register a car, though it can be required after certain crashes or offenses.

Official wording (2 sources)
  • “in the amount of $10,000 because of damage to, or destruction of, property of others in any one crash.”
    leg.state.fl.us
  • “to a limit of $10,000 in medical and disability benefits and $5,000 in death benefits resulting from bodily injury, sickness, disease, or death arising out of the ownership, maintenance, or use of a motor vehicle”
    leg.state.fl.us

Motorcycle helmets

Every motorcycle rider and passenger must wear a DOT-compliant helmet, except riders over 21 who carry at least $10,000 in medical benefits coverage. The operator must always wear approved eye protection, even with a windshield; passengers are not required to.

Official wording (3 sources)
  • “A person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218”
    leg.state.fl.us
  • “a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits”
    leg.state.fl.us
  • “A person may not operate a motorcycle unless the person is wearing an eye-protective device over his or her eyes of a type approved by the department.”
    leg.state.fl.us

Lane splitting

Lane splitting is illegal in Florida: you may not ride between lanes or between rows of vehicles, or pass a vehicle in its own lane. Two motorcycles may ride side by side in one lane.

Official wording (3 sources)
  • “No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”
    leg.state.fl.us
  • “The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.”
    leg.state.fl.us
  • “Motorcycles shall not be operated more than two abreast in a single lane.”
    leg.state.fl.us

This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with Florida Department of Highway Safety and Motor Vehicles.

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