House Bill hb0033

    Florida House of Representatives - 2002                  HB 33

        By Representative Allen






  1                      A bill to be entitled

  2         An act relating to child restraint

  3         requirements; creating the Child Safety Booster

  4         Seat Act of 2002; 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.

  8  

  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 2002."

13         Section 2.  Effective January 1, 2003, 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. For children aged through 3 years, such

24  restraint device must be a separate carrier or a vehicle

25  manufacturer's integrated child seat. For children aged 4

26  through 8 5 years who are less than 4 feet 9 inches in height,

27  a separate carrier, an integrated child seat, or a child

28  booster seat must seat belt may be used. The court shall

29  dismiss the charge against a motor vehicle operator for a

30  first violation of this paragraph upon proof of purchase of a

31  federally approved child restraint device.

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






    Florida House of Representatives - 2002                  HB 33

    741-100B-02






  1         Section 3.  Notwithstanding that the amendments

  2  provided in this act to s. 316.613(1)(a), Florida Statutes,

  3  shall not take effect until January 1, 2003, effective July 1,

  4  2002, a driver of a motor vehicle who does not violate the

  5  then-existing provisions of that paragraph but whose conduct

  6  would violate that paragraph as it will be amended effective

  7  January 1, 2003, may be issued a verbal warning and given

  8  educational literature by a law enforcement officer.

  9         Section 4.  Except as otherwise provided herein, this

10  act shall take effect July 1, 2002.

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13                          HOUSE SUMMARY

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      Creates the "Child Safety Booster Seat Act of 2002" to
15    revise requirements with respect to the use of child
      restraint devices. See bill for details.
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CODING: Words stricken are deletions; words underlined are additions.