Senate Bill 0334c1

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    Florida Senate - 1999                            CS for SB 334

    By the Committee on Judiciary and Senators Sebesta and Lee





    308-1893A-99

  1                      A bill to be entitled

  2         An act relating to child passenger restraint;

  3         amending s. 316.613, F.S.; amending an obsolete

  4         reference to the Department of Health and

  5         Rehabilitative Services; amending s. 316.614,

  6         F.S.; providing for primary enforcement of

  7         violations of child-restraint requirements;

  8         amending s. 318.18, F.S.; providing a fine for

  9         such violations; amending s. 318.21, F.S.;

10         requiring the proceeds of the fine to be

11         deposited into the Brain and Spinal Cord Injury

12         Rehabilitation Trust Fund and used as

13         specified; providing an effective date.

14

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

16

17         Section 1.  Section 316.613, Florida Statutes, is

18  amended to read:

19         316.613  Child restraint requirements.--

20         (1)(a)  Every operator of a motor vehicle as defined

21  herein, while transporting a child in a motor vehicle operated

22  on the roadways, streets, or highways of this state, shall, if

23  the child is 5 years of age or younger, provide for protection

24  of the child by properly using a crash-tested, federally

25  approved child restraint device. For children aged through 3

26  years, such restraint device must be a separate carrier or a

27  vehicle manufacturer's integrated child seat. For children

28  aged 4 through 5 years, a separate carrier, an integrated

29  child seat, or a seat belt may be used.

30         (b)  The Division of Motor Vehicles shall provide

31  notice of the requirement for child restraint devices, which

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    Florida Senate - 1999                            CS for SB 334
    308-1893A-99




  1  notice shall accompany the delivery of each motor vehicle

  2  license tag.

  3         (2)  As used in this section, the term "motor vehicle"

  4  means a motor vehicle as defined in s. 316.003 that is

  5  operated on the roadways, streets, and highways of the state.

  6  The term does not include:

  7         (a)  A school bus as defined in s. 316.003(45).

  8         (b)  A bus used for the transportation of persons for

  9  compensation, other than a bus regularly used to transport

10  children to or from school, as defined in s. 316.615(1)(b), or

11  in conjunction with school activities.

12         (c)  A farm tractor or implement of husbandry.

13         (d)  A truck of net weight of more than 5,000 pounds.

14         (e)  A motorcycle, moped, or bicycle.

15         (3)  The failure to provide and use a child passenger

16  restraint shall not be considered comparative negligence, nor

17  shall such failure be admissible as evidence in the trial of

18  any civil action with regard to negligence.

19         (4)  It is the legislative intent that all state,

20  county, and local law enforcement agencies, and safety

21  councils, in recognition of the problems with child death and

22  injury from unrestrained occupancy in motor vehicles, conduct

23  a continuing safety and public awareness campaign as to the

24  magnitude of the problem.

25         (5)  Any person who violates the provisions of this

26  section commits a moving violation, punishable as provided in

27  chapter 318 and shall have 3 points assessed against his or

28  her driver's license as set forth in s. 322.27. In lieu of the

29  penalty specified in s. 318.18 and the assessment of points, a

30  person who violates the provisions of this section may elect,

31  with the court's approval, to participate in a child restraint

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    Florida Senate - 1999                            CS for SB 334
    308-1893A-99




  1  safety program approved by the chief judge of the circuit in

  2  which the violation occurs, and upon completing such program,

  3  the penalty specified in chapter 318 and associated costs may

  4  be waived at the court's discretion and the assessment of

  5  points shall be waived.  The child restraint safety program

  6  must use a course approved by the Department of Children and

  7  Family Health and Rehabilitative Services, and the fee for the

  8  course must bear a reasonable relationship to the cost of

  9  providing the course.

10         Section 2.  Section 316.614, Florida Statutes, is

11  amended to read:

12         316.614  Safety belt usage.--

13         (1)  This section may be cited as the "Florida Safety

14  Belt Law."

15         (2)  It is the policy of this state that enactment of

16  this section is intended to be compatible with the continued

17  support by the state for federal safety standards requiring

18  automatic crash protection, and the enactment of this section

19  should not be used in any manner to rescind or delay the

20  implementation of the federal automatic crash protection

21  system requirements of Federal Motor Safety Standard 208 as

22  set forth in S4.1.2.1 thereof, as entered on July 17, 1984,

23  for new cars.

24         (3)  As used in this section:

25         (a)  "Motor vehicle" means a motor vehicle as defined

26  in s. 316.003 that is operated on the roadways, streets, and

27  highways of this state. The term does not include:

28         1.  A school bus.

29         2.  A bus used for the transportation of persons for

30  compensation.

31         3.  A farm tractor or implement of husbandry.

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    Florida Senate - 1999                            CS for SB 334
    308-1893A-99




  1         4.  A truck of a net weight of more than 5,000 pounds.

  2         5.  A motorcycle, moped, or bicycle.

  3         (b)  "Safety belt" means a seat belt assembly that

  4  meets the requirements established under Federal Motor Vehicle

  5  Safety Standard No. 208, 49 C.F.R. s. 571.208.

  6         (c)  "Restrained by a safety belt" means being

  7  restricted by an appropriately adjusted safety belt which is

  8  properly fastened at all times when a motor vehicle is in

  9  motion.

10         (4)  It is unlawful for any person:

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

12  each passenger of the vehicle under the age of 16 years is

13  restrained by a safety belt or by a child restraint device

14  pursuant to s. 316.613, if applicable; or

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

16  the person is restrained by a safety belt.

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

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

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

20  vehicle is in motion.

21         (6)(a)  Neither a person who is certified by a

22  physician as having a medical condition that causes the use of

23  a safety belt to be inappropriate or dangerous nor an employee

24  of a newspaper home delivery service while in the course of

25  his or her employment delivering newspapers on home delivery

26  routes is required to be restrained by a safety belt.

27         (b)  The number of front seat passengers of a pickup

28  truck required to wear a safety belt pursuant to this section

29  shall not exceed the number of safety belts which were

30  installed in the front seat of such pickup truck by the

31  manufacturer.

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    Florida Senate - 1999                            CS for SB 334
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  1         (c)  An employee of a solid waste or recyclable

  2  collection service is not required to be restrained by a

  3  safety belt while in the course of employment collecting solid

  4  waste or recyclables on designated routes.

  5         (d)  The requirements of this section shall not apply

  6  to the living quarters of a recreational vehicle or a space

  7  within a truck body primarily intended for merchandise or

  8  property.

  9         (7)  It is the intent of the Legislature that all

10  state, county, and local law enforcement agencies, safety

11  councils, and public school systems, in recognition of the

12  fatalities and injuries attributed to unrestrained occupancy

13  of motor vehicles, shall conduct a continuing safety and

14  public awareness campaign as to the magnitude of the problem

15  and adopt programs designed to encourage compliance with the

16  safety belt usage requirements of this section.

17         (8)  Any person who violates the provisions of this

18  section commits a nonmoving violation, punishable as provided

19  in chapter 318. However, except for violations of s. 316.613,

20  enforcement of this section by state or local law enforcement

21  agencies must be accomplished only as a secondary action when

22  a driver of a motor vehicle has been detained for a suspected

23  violation of another section of this chapter, chapter 320, or

24  chapter 322.

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

26  shall not constitute negligence per se, nor shall such

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

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

29  considered as evidence of comparative negligence, in any civil

30  action.

31

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    Florida Senate - 1999                            CS for SB 334
    308-1893A-99




  1         Section 3.  Subsection (12) is added to section 318.18,

  2  Florida Statutes, 1998 Supplement, to read:

  3         318.18  Amount of civil penalties.--The penalties

  4  required for a noncriminal disposition pursuant to s. 318.14

  5  are as follows:

  6         (12)  In addition to any other fines, a fine of $250

  7  for a violation of s. 316.613.

  8         Section 4.  Subsection (13) is added to section 318.21,

  9  Florida Statutes, 1998 Supplement, to read:

10         318.21  Disposition of civil penalties by county

11  courts.--All civil penalties received by a county court

12  pursuant to the provisions of this chapter shall be

13  distributed and paid monthly as follows:

14         (13)  Of the additional fine assessed under s.

15  318.18(12) for a violation of s. 316.613, all of the proceeds,

16  without any deductions otherwise provided in this section,

17  must be deposited into the Brain and Spinal Cord Injury

18  Rehabilitation Trust Fund and used for the purposes set forth

19  in s. 413.613.

20         Section 5.  This act shall take effect July 1, 1999.

21

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                              SB 334

24

25  The committee substitute clarifies that law enforcement may
    stop and detain a driver for a violation of the child
26  restraint law in s. 316.613, F.S.

27  The fine for failure to comply with the child restraint laws
    is increased by $250 to $310 plus court costs.
28
    The $250 increase in the fine is to be deposited into the
29  Brain and Spinal Cord Injury Rehabilitation Trust Fund.

30  The agency approving the child restraint safety program is
    changed from the Department of Health and Rehabilitative
31  Services, which no longer exists, to the Department of
    Children and Families.
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