If a passenger who is 18 years of age or older fails to wear a seat belt when required by law:
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A seat belt violation will be charged to the passenger.
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A seat belt violation will be charged to the driver.
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The passenger is violating the Child Restraint Law.
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There is no violation. Only passengers who are under 18 must wear safety belts.
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Explanation
Florida law holds the driver responsible for ensuring that all passengers under 18 are properly buckled or secured in an appropriate child safety seat. Children must be restrained in a child passenger safety system that is suitable for their age and size. If a passenger under 18 is not properly restrained, the driver will be charged with a seat belt or child restraint violation. However, passengers aged 18 and older are responsible for wearing their seat belts when seated in the front and will be cited for any violations themselves.
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