Senate Bill sb1412e1

    SB 1412                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to child restraint

  3         requirements; creating the Child Safety Booster

  4         Seat Act of 2001; amending s. 316.613, F.S.;

  5         revising requirements with respect to the use

  6         of child restraint devices; providing for a

  7         phase-in period; providing effective dates.

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

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11         Section 1.  Short title.--This act may be cited as the

12  "Child Safety Booster Seat Act of 2001."

13         Section 2.  Effective January 1, 2002, paragraph (a) of

14  subsection (1) of section 316.613, Florida Statutes, is

15  amended to read:

16         316.613  Child restraint requirements.--

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

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

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

20  the child is 8 5 years of age or younger and is less than 4

21  feet 9 inches in height, provide for protection of the child

22  by properly using a crash-tested, federally approved child

23  restraint device that is appropriate for the height and weight

24  of the child.  A crash-tested, federally approved child

25  restraint device is a vehicle manufacturer's integrated child

26  seat, a separate child safety seat, or a child booster seat

27  that displays the child weight and height specifications for

28  the seat on the attached manufacturer's label as required by

29  Federal Motor Vehicle Safety Standards FMVSS213.  Such child

30  restraint device must comply with standards of the United

31  State Department of Transportation and should be secured in


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






    SB 1412                                        First Engrossed



  1  the vehicle in accordance with instructions of the

  2  manufacturer of the child restraint device. For children aged

  3  through 3 years, such restraint device must be a separate

  4  carrier or a vehicle manufacturer's integrated child seat. For

  5  children aged 4 through 8 5 years who are less than 4 feet 9

  6  inches in height, a separate carrier, an integrated child

  7  seat, or a child booster seat must seat belt may be used. The

  8  court shall dismiss the charge against a motor vehicle

  9  operator for a first violation of this paragraph upon proof of

10  purchase of a federally approved child restraint device.

11         Section 3.  Notwithstanding that the amendments

12  provided in this act to section 316.613(1)(a), Florida

13  Statutes, shall not take effect until January 1, 2002,

14  effective July 1, 2001, a driver of a motor vehicle who does

15  not violate the then-existing provisions of that paragraph,

16  but whose conduct would violate that paragraph, as it will be

17  amended effective January 1, 2002, may be issued a verbal

18  warning and given educational literature by a law enforcement

19  officer.

20         Section 4.  Except as otherwise provided herein, this

21  act shall take effect July 1, 2001.

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