Senate Bill sb0540c1

    Florida Senate - 2002                            CS for SB 540

    By the Committee on Transportation; and Senator Wasserman
    Schultz




    306-2136-02

  1                      A bill to be entitled

  2         An act relating to the Florida Safety Belt Law,

  3         creating the "Dori Slosberg Act of 2002";

  4         amending s. 316.614, F.S.; revising provisions

  5         relating to safety belt usage; prohibiting

  6         searches of vehicles or occupants because of a

  7         safety belt violation; providing an effective

  8         date.

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

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

13  "Dori Slosberg Act of 2002."

14         Section 2.  Subsections (4) and (8) of section 316.614,

15  Florida Statutes, are amended, present subsection (9) is

16  redesignated as subsection (10), and a new subsection (9) is

17  added to that section, to read:

18         316.614  Safety belt usage.--

19         (4)  It is unlawful for any person:

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

21  each passenger and the operator of the vehicle under the age

22  of 18 years is restrained by a safety belt or by a child

23  restraint device 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         (8)  Any person who violates the provisions of this

27  section commits a nonmoving violation, punishable as provided

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

29  and paragraph (4)(a), enforcement of this section by state or

30  local law enforcement agencies must be accomplished only as a

31  secondary action when a driver of a motor vehicle has been

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






    Florida Senate - 2002                            CS for SB 540
    306-2136-02




  1  detained for a suspected violation of another section of this

  2  chapter, chapter 320, or chapter 322.

  3         (9)  A law enforcement officer may not search a motor

  4  vehicle or its occupants because of a violation of this

  5  section.

  6         (10)(9)  A violation of the provisions of this section

  7  shall not constitute negligence per se, nor shall such

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

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

10  considered as evidence of comparative negligence, in any civil

11  action.

12         Section 3.  This act shall take effect July 1, 2002.

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14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 540

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17  Amends the "Florida Safety Belt Law" to provide for primary
    enforcement of the safety belt law for operators and
18  passengers under the age of 18 years.

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