When Can a Child Sit in the Front Seat in Florida?

September 3, 2025 | Sagi Shaked | Car Accidents

Parents in Florida often wonder when it is safe and legal for a child to ride in the front seat of a vehicle. Florida law establishes guidelines for car seats and seatbelts, but does not specify a clear age requirement for sitting in the front seat. Here is what you need to know about Florida law and the recommendations of child safety experts.

What Are Florida’s Child Car Seat and Seat Belt Laws?

Florida Statute §316.613 covers Florida’s main child restraint laws. These laws are designed to reduce the risk of severe injuries in the event of a crash.

Here is what the law requires:

Children aged 0 to 3: Must ride in a separate car seat, either rear-facing or forward-facing, depending on age and size.
Children aged 4 to 5: Must ride in a car seat or booster seat. Parents may choose an integrated child seat or booster that works with the vehicle’s built-in restraint system.
Children aged 6 and older: Not legally required to be in a car seat or booster. At this point, the law only requires them to use a seatbelt.

Notably, Florida does not set a specific age when a child can or cannot ride in the front seat. Legally, a 6-year-old can sit in the front seat if they are buckled in. Florida law requires the use of seat belts or child restraint devices for all children under 18.

The Five-Test Test

Even though the law allows children over 6 to use only a seatbelt, experts caution that a seatbelt may not fit properly until a child is older.

A five-step test is recommended to determine whether a child is ready:

Does the child sit all the way back against the seat?
Do their knees bend naturally at the seat’s edge?
Does the lap belt rest low across the upper thighs (not the stomach)?
Does the shoulder belt lie across the chest and collarbone (not the neck)?
Can the child remain seated this way for the entire trip?

A child likely should ride in the back seat with a booster seat if the answer to any of these questions is “no.”

What Do Child Safety Experts Say?

Florida law allows flexibility to determine when a child sits in the front seat. However, safety organizations urge parents to be more cautious.

According to the American Academy of Pediatrics (AAP) and the National Highway Traffic Safety Administration (NHTSA):

Children should remain in the back seat until they are at least 13 years old.
Seat belts fit best when a child is around 4 feet 9 inches tall and weighs about 80 pounds. Until then, a booster seat helps ensure the belt sits correctly across the thighs and chest rather than the stomach or neck.
Airbags in the front seat can be deadly to children. Airbags deploy with tremendous force and are designed for adult bodies. For a child, airbag injuries may include head, neck, or chest injuries, even in minor collisions.

These guidelines highlight the difference between “legal minimums” and “safest practices.” Just because something is legal does not necessarily mean it is safest for your child.

Why is the Back Seat Safer?

Crash data shows that children riding in the back seat are far less likely to suffer serious or fatal injuries compared to those riding up front.

This is attributed to many factors:

Airbag dangers: Airbags can cause blunt-force trauma to smaller bodies.
Crash physics: The front seat absorbs the greatest impact in certain crashes, such as head-on collisions.
Improved restraint performance: Seat belts and booster seats generally fit and function more effectively in the back seat.

Doctors and safety advocates emphasize keeping kids in the back seat as long as possible for these reasons.

Contact Shaked Law Personal Injury Lawyers for a Free Consultation

Florida law does not set a strict age for when a child may ride in the front seat, but experts agree the back seat is the safest place for children under 13. Understanding the difference between legal requirements and best safety practices can help parents protect their children in the event of an accident.

If your child has been injured in a car accident, a Miami car accident lawyer can help. Contact Shaked Law Personal Injury Lawyers for a free consultation.

Shaked Law Personal Injury Lawyers
20900 NE 30th Ave Suite 715 Aventura, FL 33180
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