| 1 | A bill to be entitled |
| 2 | An act relating to child restraint requirements; amending |
| 3 | s. 316.613, F.S.; providing child-restraint requirements |
| 4 | for children ages 4 through 7; providing a grace period; |
| 5 | providing exceptions to such requirements; providing |
| 6 | effective dates. |
| 7 |
|
| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
|
| 10 | Section 1. Effective January 1, 2006, paragraph (a) of |
| 11 | subsection (1) of section 316.613, Florida Statutes, is amended |
| 12 | to read: |
| 13 | 316.613 Child restraint requirements.-- |
| 14 | (1)(a) Every operator of a motor vehicle as defined |
| 15 | herein, while transporting a child in a motor vehicle operated |
| 16 | on the roadways, streets, or highways of this state, shall, if |
| 17 | the child is 7 5 years of age or younger, provide for protection |
| 18 | of the child by properly using a crash-tested, federally |
| 19 | approved child restraint device that is appropriate for the |
| 20 | height and weight of the child. Such devices may include a |
| 21 | vehicle manufacturer's integrated child seat, a separate child |
| 22 | safety seat, or a child booster seat that displays the child's |
| 23 | weight and height specifications for the seat on the attached |
| 24 | manufacturer's label as required by Federal Motor Vehicle Safety |
| 25 | Standards FMVSS213. The device must comply with standards of the |
| 26 | United State Department of Transportation and be secured in the |
| 27 | vehicle in accordance with instructions of the manufacturer. For |
| 28 | children aged through 3 years, such restraint device must be a |
| 29 | separate carrier or a vehicle manufacturer's integrated child |
| 30 | seat. For children aged 4 through 7 5 years, a separate carrier, |
| 31 | an integrated child seat, or a child booster seat belt may be |
| 32 | used. The court shall dismiss the charge against a motor vehicle |
| 33 | operator for a first violation of this paragraph upon proof of |
| 34 | purchase of a federally approved child restraint device. |
| 35 | Section 2. Effective July 1, 2005, a driver of a motor |
| 36 | vehicle who does not violate the then-existing provisions of |
| 37 | section 316.613(1)(a), Florida Statutes, but whose conduct would |
| 38 | violate that provision, as amended January 1, 2006, may be |
| 39 | issued a verbal warning and given educational literature by a |
| 40 | law enforcement officer. |
| 41 | Section 3. This act does not apply to a person who is |
| 42 | transporting a child aged 4 through 7 if the person is: |
| 43 | (1) Visiting in this state; |
| 44 | (2) Not the parent or guardian of the child and is |
| 45 | transporting the child in a vehicle that is not owned by the |
| 46 | child's parent or guardian; |
| 47 | (3) Transporting the child gratuitously and in good faith |
| 48 | in response to a declared emergency situation or an immediate |
| 49 | emergency involving the child; or |
| 50 | (4) Is acting generally as a Good Samaritan. |
| 51 | Section 4. This act shall take effect July 1, 2004. |