Visitors driving a rental car in Florida follow the same traffic laws as residents, and the ones that catch people out are the ban on texting while driving, the hands-free rule in school and work zones, the open-container law, mandatory headlights in rain, the move-over rule and the duty to report certain crashes. Fines and points land on the driver, and the rental company will pass along tickets and add a fee, so a minor violation can become an expensive one in a high-value car.
Phones and distraction
Florida's texting law, section 316.305 of the Florida Statutes, prohibits manually typing multiple characters into a wireless device, or reading or sending messages, while driving. A first violation is a noncriminal traffic infraction, and officers may stop a vehicle for it. Separately, section 316.306 bars holding a phone or other wireless device in a handheld manner inside designated school crossings, school zones and active work zones. Use a mount and voice commands, and set your navigation before you start the car. This matters more in an unfamiliar rental whose infotainment you have not learned yet.
Alcohol
The legal limit for drivers 21 and older is a blood-alcohol level of 0.08. Drivers under 21 face a much lower threshold under Florida's zero-tolerance rule. Beyond the DUI law, the open-container statute (section 316.1936) prohibits possessing an open container of alcohol, or drinking alcohol, in the passenger area of a vehicle on a public road, and the rule covers passengers as well as the driver. Containers in a locked glove box or locked trunk are treated differently, and for-hire vehicles with qualified drivers are an exception. Counties and cities may adopt stricter local rules. If a night out is planned, use a ride service or hand the car back rather than take the risk. Rental contracts commonly void coverage for impaired driving, which would leave you personally responsible for the vehicle.
Headlights, rain and storms
Under section 316.217, headlights must be on from sunset to sunrise and during any rain, smoke or fog. South Florida's summer downpours can arrive in minutes, so turn the lights on as soon as the rain starts and slow down. Reduce speed and increase following distance on wet pavement. If water is standing on the road, do not drive into it. Our guide to heavy rain and flooding covers what that means for a rental.
Move over for stopped vehicles
Under section 316.126, when you approach a parked emergency vehicle with lights on, a tow truck working, a sanitation or utility vehicle, or a disabled vehicle with hazards on, you must move over as soon as it is safe if the road has two or more lanes in your direction. If you cannot move over, or the road has only two lanes, reduce speed: to 20 mph below the posted limit when the limit is 25 mph or higher, and to 5 mph if the limit is 20 mph or less.
Lanes and passing
Section 316.081 provides that a driver may not continue in the far-left lane of a road with two or more lanes in the same direction when the driver knows or should know that a faster vehicle is overtaking from behind, unless passing or preparing for a left turn. On I-95 and the other multi-lane highways, stay right unless you are passing, and watch for fast traffic changing lanes.
Seat belts and child seats
The driver must wear a safety belt, as must front-seat passengers. Passengers under 18 must be restrained in any seat. Children aged five or younger must ride in a federally approved child restraint, with ages 0 to 3 in a separate carrier or integrated seat and ages 4 and 5 allowed to use a booster. Rental companies usually rent child seats separately; confirm availability and fit before delivery, because some high-end cars have limited anchor points.
Tickets, cameras and tolls
Camera citations and parking tickets issued to a rental plate go to the registered owner, who is the rental company, and it will normally forward the notice to you and may add an administrative fee. Red-light cameras and, in some cities, school-zone speed cameras operate in South Florida, so treat every yellow light seriously. Tolls are cashless, as covered in our guide to tolls and SunPass in a rental car.
Crashes and reporting
Under section 316.065, a driver involved in a crash that causes injury or death, or at least $500 in estimated vehicle or property damage, must contact local law enforcement immediately, according to the Florida Department of Highway Safety and Motor Vehicles. If the threshold is not met, you may file a self-report or exchange information with the other driver. Also notify the rental company right away, because it will have its own reporting requirement. The steps are laid out in the pickup checklist and crash guide, and the effect on coverage is in the insurance guide.
Quick reference table
| Rule | What it requires |
|---|---|
| Texting (316.305) | No manual typing or reading messages while driving |
| School and work zones (316.306) | No handheld phone use |
| Open container (316.1936) | No open alcohol or drinking in the vehicle on a public road |
| Headlights (316.217) | On at night and during rain, smoke or fog |
| Move over (316.126) | Change lanes or slow for stopped emergency and service vehicles |
| Left lane (316.081) | Do not impede faster traffic in the far-left lane |
| Crash report (316.065) | Call police for injury, death or $500 or more in damage |
This summary is general information, not legal advice. Statutes are amended, so check the current version on the Florida Legislature's website.
Frequently Asked Questions
Can I use my phone for navigation while driving in Florida?
Yes, if you set it up before you drive and use it hands-free. Typing and reading messages is prohibited, and handheld use is banned in school and work zones.
Do I have to turn on my headlights when it rains?
Yes. Florida law requires headlights during any rain, smoke or fog, as well as from sunset to sunrise.
What is the move-over law?
You must change lanes away from stopped emergency, tow, utility and some disabled vehicles when it is safe to do so, or slow down if you cannot move over.
Who pays a traffic ticket I get in a rental car?
You do. The rental company receives the notice as the registered owner, passes it to you and may charge a handling fee.
Do I have to call the police after a small crash?
You must call local law enforcement if there is injury or death or at least $500 in estimated damage. With a high-value rental, damage usually passes that level quickly.