Is window tint a primary offense in Florida?

Is Window Tint a Primary Offense in Florida?

When it comes to window tint in the state of Florida, drivers often find themselves wondering: is window tint a primary offense in Florida? Before diving into the answer, it’s essential to understand the basics of window tint laws and how they vary from state to state.

What is Primary and Secondary Offense?

A primary offense is a criminal violation that can be penalized with fines, impoundment, or arrest. In contrast, a secondary offense is a misdemeanor that is only enforced in conjunction with another primary violation. For instance, texting while driving is a primary offense in Florida, but having expired registration tags (a secondary offense) on your vehicle would not get you pulled over unless accompanied by another primary violation like speeding.

Laws Governing Window Tint in Florida

Florida has a specific set of laws regarding window tint, which fall under Section 316.295 of the Florida Statutes. According to these laws, the following tint levels are allowed:

• Front Windshield: Front windshield tint must allow more than 28% light transmission.
• Windshield Tint: You can have a tint applied to the windshield, as long as it’s reflective and allows more than 23% light transmission.
• Side and Rear Windshields: Side and rear windows can have darker tints, but it’s recommended to stick to the 50% minimum light transmission requirement.

In summary, Florida law strictly regulates window tint, prioritizing safety and visibility over aesthetics.

Is Window Tint a Primary Offense in Florida?

No. Window tint is considered a secondary offense in Florida. This means that law enforcement cannot initiate a traffic stop solely for tinted windows. However, if an officer stops a vehicle for another reason, such as speeding or seatbelt violations, they are allowed to issue a warning or citation for violating the window tint law.

Here’s a brief summary of the consequences if you’re pulled over and found to have non-compliant window tint:

Warning:

• Your vehicle will not be pulled over specifically for the window tint violation.
• Officer will give you a verbal warning only.

Citation:

• You will be issued a written citation for the window tint violation.
• Fine $68-$138, depending on the jurisdiction.

Impoundment/Confiscation:

• In extreme cases where the tint is extremely dark or obstructs the officer’s view, your vehicle may be impounded or the tint removed as evidence.

Additional Considerations

While window tint is not a primary offense in Florida, drivers with non-compliant tint may face additional complications:

• Surveillance and Evidence: As mentioned earlier, extremely dark tints can obstruct officer’s views, making them less effective at gathering evidence in cases of crime or surveillance.
• Insurance Impact: Having non-compliant window tint can lead to higher insurance premiums, as it may be considered an added risk to the insured vehicle.
• Repair and Replacement: In severe cases, non-compliant tint can cause damage to the vehicle’s glass and other components, leading to costly repairs or replacement.

Conclusion

In Florida, window tint is not a primary offense, and law enforcement cannot initiate a traffic stop solely for tinted windows. However, a secondary offense can still carry consequences, including warnings or citations. It’s crucial for drivers to understand Florida’s window tint laws, as non-compliance may lead to additional complications down the line.

A Quick Reference Table: Florida Window Tint Laws:

Remember to prioritize safety, visibility, and compliance to avoid potential issues with the law.