CODING: Words stricken are deletions; words underlined are additions.
House Bill 0447




    Florida House of Representatives - 1997                 HB 447

        By Representatives Lippman and Jones






  1                      A bill to be entitled

  2         An act relating to the Florida Safety Belt Law;

  3         amending s. 316.614, F.S.; deleting obsolete

  4         language; providing an exception to safety belt

  5         use; eliminating a provision which requires

  6         enforcement of the act only as a secondary

  7         action; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Paragraph (c) is added to subsection (6),

12  and subsections (7), (9), and (10) of section 316.614, Florida

13  Statutes, are amended to read:

14         316.614  Safety belt usage.--

15         (4)  It is unlawful for any person:

16         (a)  To operate a motor vehicle in this state unless

17  each front seat passenger of the vehicle under the age of 16

18  years is restrained by a safety belt or by a child restraint

19  device pursuant to s. 316.613, if applicable; or

20         (b)  To operate a motor vehicle in this state unless

21  the person is restrained by a safety belt.

22         (5)  It is unlawful for any person 16 years of age or

23  older to be a passenger in the front seat of a motor vehicle

24  unless such person is restrained by a safety belt when the

25  vehicle is in motion.

26         (6)

27         (c)  An employee of a solid waste or recyclable

28  collection service is not required to be restrained by a

29  safety belt while in the course of employment collecting solid

30  waste or recyclables on designated routes.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1997                 HB 447

    94-227B-97






  1         (7)  After January 1, 1987, Any person who violates

  2  subsection (4) or subsection (5) shall be subject to the

  3  penalties provided in s. 318.18 fined $20, including court

  4  costs, for each separate offense.

  5         (9)  Enforcement of this section by state or local law

  6  enforcement agencies shall be accomplished only as a secondary

  7  action when a driver of a motor vehicle has been detained for

  8  a suspected violation of another section of this chapter,

  9  chapter 320, or chapter 322.

10         (9)(10)  A violation of the provisions of this section

11  shall not constitute negligence per se, nor shall such

12  violation be used as prima facie evidence of negligence or be

13  considered in mitigation of damages, but such violation may be

14  considered as evidence of comparative negligence, in any civil

15  action.

16         Section 2.  This act shall take effect October 1, 1997.

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18            *****************************************

19                          HOUSE SUMMARY

20
      Provides that an employee of a solid waste or recyclable
21    collection service is not required to be restrained by a
      safety belt while in the course of employment collecting
22    solid waste or recyclables on designated routes.
      Eliminates a provision in the Florida Safety Belt Law
23    which requires enforcement of the law only as a secondary
      action.
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