Senate Bill sb2090

    Florida Senate - 2003                                  SB 2090

    By Senator Wasserman Schultz





    34-1026-03                                          See HB 125

  1                      A bill to be entitled

  2         An act relating to safety belt law enforcement;

  3         amending s. 316.614, F.S.; providing exception

  4         to enforcement as a secondary action; providing

  5         an effective date.

  6  

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

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  9         Section 1.  Subsection (8) of section 316.614, Florida

10  Statutes, is amended to read:

11         316.614  Safety belt usage.--

12         (4)  It is unlawful for any person:

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

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

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

16  pursuant to s. 316.613, if applicable; or

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

18  the person is restrained by a safety belt.

19         (8)(a)  Any person who violates the provisions of this

20  section commits a nonmoving violation, punishable as provided

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

22  and except as provided in paragraph (b), enforcement of this

23  section by state or local law enforcement agencies must be

24  accomplished only as a secondary action when a driver of a

25  motor vehicle has been detained for a suspected violation of

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

27         (b)  If a law enforcement officer suspects the driver

28  of a vehicle is in violation of both paragraphs (4)(a) and

29  (b), enforcement of this section shall be accomplished as a

30  primary action and the vehicle may be detained by the law

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    Florida Senate - 2003                                  SB 2090
    34-1026-03                                          See HB 125




 1  enforcement officer for a suspected violation of both

 2  paragraphs (4)(a) and (b).

 3         Section 2.  This act shall take effect upon becoming a

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