For children aged through 3 years, a restraint device must be a separate carrier or a vehicle manufacturer's integrated child seat. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a seat belt may be used.
This is a moving violation.
Florida Statute 316.614 provides in part:
It is unlawful for any person:
To operate a motor vehicle in this state unless each passenger and the operator of the vehicle under the age of 18 years are restrained by a safety belt or by a child restraint device...; or
To operate a motor vehicle in this state unless the person is restrained by a safety belt.
It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.
This is a nonmoving violation
Law enforcement officers are authorized to stop a vehicle for the driver's failure to wear a seat belt.