HOUSE AMENDMENT
    797-101AXB7-01                           Bill No. CS/CS/HB 807
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Slosberg offered the following:
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13         Amendment (with title amendment) 
14         On page 23, between lines 24 and 25 of the bill
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16  insert:  
17         Section 9.  Short title.--Sections 9 and 10 of this act
18  may be cited as the "Dori Slosberg Act of 2001."
19         Section 10.  Effective July 1, 2001, section 316.614,
20  Florida Statutes, is amended to read:
21         316.614  Safety belt usage.--
22         (1)  This section may be cited as the "Florida Safety
23  Belt Law."
24         (2)  It is the policy of this state that enactment of
25  this section is intended to be compatible with the continued
26  support by the state for federal safety standards requiring
27  automatic crash protection, and the enactment of this section
28  should not be used in any manner to rescind or delay the
29  implementation of the federal automatic crash protection
30  system requirements of Federal Motor Safety Standard 208 as
31  set forth in S4.1.2.1 thereof, as entered on July 17, 1984,
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    File original & 9 copies    04/24/01                          
    hbd0020                     09:13 pm         00807-0089-433063

HOUSE AMENDMENT 797-101AXB7-01 Bill No. CS/CS/HB 807 Amendment No. ___ (for drafter's use only) 1 for new cars. 2 (2)(3) As used in this section: 3 (a) "Motor vehicle" means a motor vehicle as defined 4 in s. 316.003 that is operated on the roadways, streets, and 5 highways of this state. The term does not include: 6 1. A school bus. 7 2. A bus used for the transportation of persons for 8 compensation. 9 3. A farm tractor or implement of husbandry. 10 4. A truck of a net weight of more than 5,000 pounds. 11 5. A motorcycle, moped, or bicycle. 12 (b) "Safety belt" means a seat belt assembly that 13 meets the requirements established under Federal Motor Vehicle 14 Safety Standard No. 208, 49 C.F.R. s. 571.208. 15 (c) "Restrained by a safety belt" means being 16 restricted by an appropriately adjusted safety belt which is 17 properly fastened at all times when a motor vehicle is in 18 motion. 19 (3)(4) It is unlawful for any person: 20 (a) To operate a motor vehicle in this state unless 21 each passenger of the vehicle under the age of 18 years is 22 restrained by a safety belt or by a child restraint device 23 pursuant to s. 316.613, if applicable; or 24 (b) To operate a motor vehicle in this state unless 25 the person is restrained by a safety belt. 26 (4)(5) It is unlawful for any person 18 years of age 27 or older to be a passenger in the front seat of a motor 28 vehicle unless such person is restrained by a safety belt when 29 the vehicle is in motion. 30 (5) The following are not required to be restrained by 31 a safety belt: 2 File original & 9 copies 04/24/01 hbd0020 09:13 pm 00807-0089-433063
HOUSE AMENDMENT 797-101AXB7-01 Bill No. CS/CS/HB 807 Amendment No. ___ (for drafter's use only) 1 (6)(a) Neither A person who is certified by a 2 physician as having a medical condition that causes the use of 3 a safety belt to be inappropriate or dangerous. 4 (b) nor An employee of a newspaper home delivery 5 service while in the course of his or her employment 6 delivering newspapers on home delivery routes is required to 7 be restrained by a safety belt. 8 (b) The number of front seat passengers of a pickup 9 truck required to wear a safety belt pursuant to this section 10 shall not exceed the number of safety belts which were 11 installed in the front seat of such pickup truck by the 12 manufacturer. 13 (c) An employee of a solid waste or recyclable 14 collection service is not required to be restrained by a 15 safety belt while in the course of employment collecting solid 16 waste or recyclables on designated routes. 17 (d) The passengers of a motor vehicle in excess of the 18 number of safety belts installed by the manufacturer. 19 (e)(d) The requirements of this section shall not 20 apply to the living quarters of a recreational vehicle or a 21 space within a truck body primarily intended for merchandise 22 or property. 23 (6)(7) It is the intent of the Legislature that all 24 state, county, and local law enforcement agencies, safety 25 councils, and public school systems, in recognition of the 26 fatalities and injuries attributed to unrestrained occupancy 27 of motor vehicles, shall conduct a continuing safety and 28 public awareness campaign as to the magnitude of the problem 29 and adopt programs designed to encourage compliance with the 30 safety belt usage requirements of this section. 31 (7)(8) Any person who violates the provisions of this 3 File original & 9 copies 04/24/01 hbd0020 09:13 pm 00807-0089-433063
HOUSE AMENDMENT 797-101AXB7-01 Bill No. CS/CS/HB 807 Amendment No. ___ (for drafter's use only) 1 section commits a nonmoving violation, punishable as provided 2 in chapter 318. A law enforcement officer may not search or 3 inspect a motor vehicle, its contents, the driver, or a 4 passenger solely because of a violation of this section 5 However, except for violations of s. 316.613, enforcement of 6 this section by state or local law enforcement agencies must 7 be accomplished only as a secondary action when a driver of a 8 motor vehicle has been detained for a suspected violation of 9 another section of this chapter, chapter 320, or chapter 322. 10 (8)(9) 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 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 2, line 3 21 22 after the semicolon, insert: 23 creating the "Dori Slosberg Act of 2001"; 24 amending s. 316.614, F.S.; deleting obsolete 25 language; providing for all persons in a motor 26 vehicle to wear a safety belt; revising the 27 Florida Safety Belt Law to eliminate the 28 requirement that the law be enforced as a 29 secondary action when a driver of a motor 30 vehicle has been detained for another 31 violation; providing restrictions on authority 4 File original & 9 copies 04/24/01 hbd0020 09:13 pm 00807-0089-433063
HOUSE AMENDMENT 797-101AXB7-01 Bill No. CS/CS/HB 807 Amendment No. ___ (for drafter's use only) 1 to search based on a safety belt violation; 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 File original & 9 copies 04/24/01 hbd0020 09:13 pm 00807-0089-433063