An Overview of Window Tint Laws in Florida
When it comes to window tinting laws in Florida, the main body of regulations is found in the Florida Statutes 16.61 through 213.82, but there are also regulations in sections 201, 235, and 316 that touch on other aspects of window tinting, such as the tint limits for commercial buses, taxis, and limousines. All of the applicable statutes fall under Chapter 316, which refers to Motor Vehicles. Window tinting falls under a very broad category that also encompasses other things that help with solar and light control, such as installing sun screening devices and applying special reflective material on the glass of your vehicle. Florida also allows exceptions to the rules. For the most part , the Florida tint laws require that at least 70% of your windows are visible light transmittance, otherwise known as VLT, and that front doors have minimal reflection, around 25%. Those who have darker front windows and drive commercial limousines and taxi vehicles are required to have 15% VLT. The window tint should not exceed the 25% of reflectivity and adhere to the state laws regulating mirror-like tint, and the windshield must allow at least 70% VLT. Exceptions include verifying medical conditions that trigger special needs for darker windows. Those who have tint on their windows are not subject to having the inspection of their vehicles every two years, while a fully tinted vehicle must undergo inspection annually.
Window Tint on the Front Windshield
When it comes to the front windshield, a nearly universal requirement is that the driver must be able to see through the tinted glass without being affected by glare. In fact, some states require what is known as "clearer than factory" tint on the windshield. Florida requires that the front windshield have a light transmittance of at least 28 percent and that the shading above the AS-1 line of the manufacturer’s windshield or top 14 inches of the windshield be 15 percent tint. A vehicle registered prior to 2016 can still have up to 35 percent tint for the top 6 inches.
An easy way to understand this is to consider light transmittance percentage for the top 14 inches of the windshield – it is 15 percent. What does this mean in simple terms? Well, if you used a 28 percent tint film, the tint film would need to be applied to the full windshield for the top 14 inches. If you used a 15 percent tint film, it would need to be applied to a portion of the windshield, approximately 18.75 inches under current Microsoft Excel calculations.
In addition to the general tint rules for the windshield, other exceptions are made for safety equipment on vehicles that were equipped with those features by the manufacturer or for which documentation was provided that such equipment was added, for certain repairs or replacement of windshields on certain vehicles, and for areas where the AS-1 line is no longer properly located on the windshield due to damaged installed windshields, non-OEM replacement windshields, and aftermarket tinted laminated windshield film.
Front Side Windows and the Law
Almost as important as the rear side windows, if you drive your vehicle somewhere during peak hours, are those front side windows. We must remember that there was a time that tint was completely illegal on the front side windows.
"The law" states the front side windows must allow 28% of the total light in and have a reflection of no more than 25% from the window film on the inside. There are other rules about having certain factory colors and the height of those colors on the front windshield. The law goes on to say that the manufacturer’s AS-1 line or top five inches of the windshield, whichever is longer, can have a VLT of 28% for the legal installation of window tint.
The penalties for not following the rules are not severe. The citation is considered a noncriminal traffic infraction punishable by a fine. First offense is $111, second goes up to $166, and a third offense would be $249. You would be stopped, given your ticket and advised where you can go to get your windows repaired. No points against you.
What is important to remember here is that the manufacturer installs the front side windows with a VLT of 70%. The tint shop cannot alter or change the tint on those front side windows in any way. The rule is 28% VLT maximum, not 28% VLT minimum.
A very common occurrence is when the vehicle owner has the factory tint removed from the front side windows or replaced because of reasons such as scratches or bubbling and the new film is then installed at 70% VLT. In the officer’s perspective they have just committed a criminal misdemeanor, punishable by up to a year in jail, no mandatory minimum. If you have your front side windows repaired just remember that the repair shop cannot tint those windows any darker than the original manufacturer’s tint.
When tint is properly installed you will find that you can see perfectly through the tinted window, just like you would with an untinted window at night but it will make a difference in the day.
Window Tint on Back Side Windows and on the Rear Window
Tinted window restrictions change on the back side of your vehicle. For the rear window, your tint can be as dark as you like, provided you have reflective window tint on the top four inches that is no more than 25 percent reflective. If two-way (mirror) tinted window film is applied to the back side windows or rear window, only window film that has a VLT (visible light transmission) percentage of no less than 35 percent shall be used on those windows. In other words, back side windows and the rear window of a vehicle may have window tint as dark as the owner of the vehicle desires, as long as the reflectivity does not exceed 25 percent and the tint is no less than 35 percent VLT.
Laws and Penalties for Non-Compliance
Florida law does impose certain fines and penalties for non-compliance with the law. While you may think you could easily win at trial on this issue, bear in mind that no one is required to present evidence on behalf of the law enforcement officer. In fact , the officer who issued the citation is not required to be present at trial for the violation to be proven. The violation is a traffic infraction punishable by a $115 fine and three points toward your driving record. The points are important to note because they stick with your driving record for up to three years. Three points can easily exceed the normal amount of points added to your driving record for violations in a three year period. Accumulation of a certain number of points on your record could result in your license being suspended.
Your best bet in the face of a tint citation is to ensure you take every step possible to comply with the tint laws. There is no defense to the unbiased tint test, so remember that there is no excuse to fail to comply with the law.
Obtaining an Exemption for Medical Conditions
Individuals seeking legal exemption from the standard tinting restrictions must go through a formal process to obtain approval. An application for exemption must be requested through the Division of Motorist Services. The application must be completed in its entirety, with all contact information legibly printed in either black or blue ink and notarized. Any successful application requests must be accompanied with a letter that expressly states a medical exemption is being requested along with a copy of physician’s proof of the qualifying condition. Requests must be submitted directly to the county Tax Collector’s Office, which has the authority to grant medical exemptions at the local level. However, all medical exemptions ultimately stem from the Florida Department of Highway Safety and Motor Vehicles (DHSMV), which oversees the licensing procedures and eligibility requirements for physician credentials upon which exemption criteria are based. Physicians must follow the statutory qualifications and guidelines provided by DHSMV. Individuals may want to verify that their physicians are licensed and qualified for purposes of providing documentation prior to obtaining any tinting exemption or exception. The DHSMV will only accept physician exempting statements from a qualifying physician. A licensed optometrist may also be considered a qualifying physician for exemption purposes. Notice of an exemption must be displayed on the driver’s side windshield using a DHSMV-approved form. Individuals granted exemption are responsible for paying the costs for the notice’s production. It is important to keep the indicator visible and up-to-date even if the medical condition changes. Individuals who violate any part of the medical exemption regulations may be requested to submit another exemption request and letter from their physician and be subject to penalties, including a fine of up to $250.00.
Tips for Staying Legal with Window Tint
Beware of the temptation to install "limo tint" on your windows. The rear windows are not restricted to 15% under Florida law, but the other windows are. If you do use legal tint on the front windows, have them done at the same time as the rear so that there is no visible difference (at least from inside the vehicle), which could draw unnecessary attention to law enforcement.
Even after you have your legal tint, you should make sure that it’s inspected to verify that the percentage is actually legal. Many police officers still make the mistake of believing that the law says you can’t have tinted windows on the front door windows at all. This is not true. You can, but only up to 28%. An officer may stop you for just having tinted windows (which is legal) and then falsely tell you that your tint is illegal and have you get the tint removed.
For protection against false allegations, when you have your factory tint removed and replaced with legal tint, have a signed receipt for the work done. Although the tint should be visibly different, in case you do get stopped, at least you will have documentation showing that the tint is legal and installed by a professional. Similarly , if you have performed tinting yourself, keep a dated receipt for the film you used.
You don’t want to wait until you are issued a citation to find out that the tint levels are not legal. Not only can you be stopped, you can also be cited and have to pay a fine. This will have a negative rating on your driving record. Depending on the trend of a number of citations in your area, your insurance rates may be affected. It’s definitely worth it to get a meter reading from the shop when the tint is installed. Also be sure to ask the shop whether the tint that they are installing is allowed in Florida. You can then do some research to confirm that the tint is legal. If you are researching film information, check the manufacturer’s cut sheet (for example, at 3M or Madico’s websites). You can also check online for the auto tint installer guidelines in Florida, such as those included in the Florida tint law pages at windowtintlaws.com. Additionally, you’ll want to keep the receipt for your film install in your glove compartment so that you have it handy when you’re asked for it during a traffic stop.