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In Florida, United States, drivers are prohibited from using headphones or other listening devices while driving, except as allowed under Section 316.304 of the 2026 Florida Statutes.
How is listening to music while driving prohibited in Florida?
The law prohibits driving while using headphones to listen to music, including devices that cover both ears. The restriction applies to the driver’s use of listening devices.
However, the rules include specific exceptions. Among them, they allow the use of a connected earbud linked to a cell phone when sound is transmitted through only one ear and the other remains free to hear surrounding sounds.
What are the exceptions to the ban on using headphones while driving?
Under Section 316.304, the restriction does not apply in certain circumstances:
- People with hearing difficulties: they may use hearing aids or devices designed to improve hearing.
- Drivers using cell phones: they may use an earbud that transmits sound through only one ear and allows them to hear their surroundings with the other.
- Motorcyclists: they may use devices built into helmets, as long as the speakers do not make direct contact with the ears and allow outside sounds to be heard.
- Police and emergency personnel: they may use certain devices needed to carry out their duties.
What penalty does Florida impose for driving with headphones?
Subsection 4 of Section 316.304 states that violating this prohibition is a noncriminal traffic infraction, punishable as a non-moving violation under Chapter 318 of the Florida Statutes.
Therefore, drivers who use headphones outside the exceptions may receive a traffic citation.