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| 1 | A bill to be entitled | ||
| 2 | An act relating to safety belt law enforcement; amending | ||
| 3 | s. 316.614, F.S.; providing exception to enforcement as a | ||
| 4 | secondary action; providing an effective date. | ||
| 5 | |||
| 6 | Be It Enacted by the Legislature of the State of Florida: | ||
| 7 | |||
| 8 | Section 1. Subsection (8) of section 316.614, Florida | ||
| 9 | Statutes, is amended to read: | ||
| 10 | 316.614 Safety belt usage.-- | ||
| 11 | (4) It is unlawful for any person: | ||
| 12 | (a) To operate a motor vehicle in this state unless each | ||
| 13 | passenger of the vehicle under the age of 18 years is restrained | ||
| 14 | by a safety belt or by a child restraint device pursuant to s. | ||
| 15 | 316.613, if applicable; or | ||
| 16 | (b) To operate a motor vehicle in this state unless the | ||
| 17 | person is restrained by a safety belt. | ||
| 18 | (8)(a)Any person who violates the provisions of this | ||
| 19 | section commits a nonmoving violation, punishable as provided in | ||
| 20 | chapter 318. However, except for violations of s. 316.613and | ||
| 21 | except as provided in paragraph (b), enforcement of this section | ||
| 22 | by state or local law enforcement agencies must be accomplished | ||
| 23 | only as a secondary action when a driver of a motor vehicle has | ||
| 24 | been detained for a suspected violation of another section of | ||
| 25 | this chapter, chapter 320, or chapter 322. | ||
| 26 | (b) If a law enforcement officer suspects the driver of a | ||
| 27 | vehicle is in violation of both paragraphs (4)(a) and (b), | ||
| 28 | enforcement of this section shall be accomplished as a primary | ||
| 29 | action and the vehicle may be detained by the law enforcement | ||
| 30 | officer for a suspected violation of both paragraphs (4)(a) and | ||
| 31 | (b). | ||
| 32 | Section 2. This act shall take effect upon becoming a law. | ||
| 33 | |||