House Bill hb0239c1

    Florida House of Representatives - 2001              CS/HB 239

        By the Committee on Transportation and Representatives
    Allen, Rubio, Murman, Gibson, Flanagan and Mayfield





  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 an effective date.

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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.  Paragraph (a) of subsection (1) of section

14  316.613, Florida Statutes, is amended to read:

15         316.613  Child restraint requirements.--

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

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

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

19  the child is 8 5 years of age or younger, weighs less than 80

20  pounds, and is less than 4 feet 9 inches in height, provide

21  for protection of the child by properly using a crash-tested,

22  federally approved child restraint device. For children aged

23  through 3 years and for children aged 4 through 8 years who

24  weigh 40 pounds or less, such restraint device must be a

25  separate carrier or a vehicle manufacturer's integrated child

26  seat. For children aged 4 through 8 5 years who weigh more

27  than 40 pounds but less than 80 pounds and who are less than 4

28  feet 9 inches in height, a separate carrier, an integrated

29  child seat, or a child booster seat must seat belt may be

30  used. Effective July 1, 2001, a driver of a motor vehicle who

31  violates this paragraph may be issued a verbal warning and

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    Florida House of Representatives - 2001              CS/HB 239

    198-359-01






  1  given educational literature by a law enforcement officer.

  2  Effective January 1, 2002, a driver of a motor vehicle who

  3  violates this paragraph may be issued a moving traffic

  4  violation, as provided in s. 318.18. The court shall dismiss

  5  the charge against a motor vehicle operator for a first

  6  violation of this paragraph upon proof of purchase of a

  7  federally approved child restraint device.

  8         Section 3.  This act shall take effect July 1, 2001.

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