House Bill hb0075

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    Florida House of Representatives - 2002                  HB 75

        By Representative Slosberg






  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.; deleting obsolete

  5         language; revising the Florida Safety Belt Law

  6         to eliminate the requirement that the law be

  7         enforced as a secondary action when a driver of

  8         a motor vehicle has been detained for another

  9         violation; providing restrictions on authority

10         to search based on a safety belt violation;

11         providing an effective date.

12  

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

14  

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

16  "Dori Slosberg Act of 2002."

17         Section 2.  Section 316.614, Florida Statutes, is

18  amended to read:

19         316.614  Safety belt usage.--

20         (1)  This section may be cited as the "Florida Safety

21  Belt Law."

22         (2)  It is the policy of this state that enactment of

23  this section is intended to be compatible with the continued

24  support by the state for federal safety standards requiring

25  automatic crash protection, and the enactment of this section

26  should not be used in any manner to rescind or delay the

27  implementation of the federal automatic crash protection

28  system requirements of Federal Motor Safety Standard 208 as

29  set forth in S4.1.2.1 thereof, as entered on July 17, 1984,

30  for new cars.

31         (2)(3)  As used in this section:

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    Florida House of Representatives - 2002                  HB 75

    797-114A-02






  1         (a)  "Motor vehicle" means a motor vehicle as defined

  2  in s. 316.003 that is operated on the roadways, streets, and

  3  highways of this state. The term does not include:

  4         1.  A school bus.

  5         2.  A bus used for the transportation of persons for

  6  compensation.

  7         3.  A farm tractor or implement of husbandry.

  8         4.  A truck of a net weight of more than 5,000 pounds.

  9         5.  A motorcycle, moped, or bicycle.

10         (b)  "Safety belt" means a seat belt assembly that

11  meets the requirements established under Federal Motor Vehicle

12  Safety Standard No. 208, 49 C.F.R. s. 571.208.

13         (c)  "Restrained by a safety belt" means being

14  restricted by an appropriately adjusted safety belt which is

15  properly fastened at all times when a motor vehicle is in

16  motion.

17         (3)(4)  It is unlawful for any person:

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

19  each passenger of the vehicle under the age of 18 years is

20  restrained by a safety belt or by a child restraint device

21  pursuant to s. 316.613, if applicable; or

22         (b)  To operate a motor vehicle in this state unless

23  the person is restrained by a safety belt.

24         (4)(5)  It is unlawful for any person 18 years of age

25  or older to be a passenger in the front seat of a motor

26  vehicle unless such person is restrained by a safety belt when

27  the vehicle is in motion.

28         (5)  The following are not required to be restrained by

29  a safety belt:

30  

31  

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    Florida House of Representatives - 2002                  HB 75

    797-114A-02






  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         (6)(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         (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  

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    Florida House of Representatives - 2002                  HB 75

    797-114A-02






  1         (8)  Any person who violates the provisions of this

  2  section commits a nonmoving violation, punishable as provided

  3  in chapter 318. A law enforcement officer may not search or

  4  inspect a motor vehicle, its contents, the driver, or a

  5  passenger solely because of a violation of this section

  6  However, except for violations of s. 316.613, enforcement of

  7  this section by state or local law enforcement agencies must

  8  be accomplished only as a secondary action when a driver of a

  9  motor vehicle has been detained for a suspected violation of

10  another section of this chapter, chapter 320, or chapter 322.

11         (9)  A violation of the provisions of this section

12  shall not constitute negligence per se, nor shall such

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

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

15  considered as evidence of comparative negligence, in any civil

16  action.

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

18  

19            *****************************************

20                          HOUSE SUMMARY

21  
      Creates the "Dori Slosberg Act of 2002." Eliminates the
22    requirement that the law be enforced as a secondary
      action when the driver has been detained for another
23    violation. Provides restrictions on authority to search
      based on a safety belt violation. See bill for details.
24  

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