Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 216
Barcode 065388
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Transportation (Klein) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Short title--This act may be cited as the
19 "Dori Slosberg Act of 2005."
20 Section 2. Subsections (4) and (8) of section 316.614,
21 Florida Statutes, are amended, present subsection (9) is
22 redesignated as subsection (10), and a new subsection (9) is
23 added to that section, to read:
24 316.614 Safety belt usage.--
25 (4) It is unlawful for any person:
26 (a) To operate a motor vehicle in this state unless
27 each passenger and the operator of the vehicle under the age
28 of 18 years is restrained by a safety belt or by a child
29 restraint device pursuant to s. 316.613, if applicable; or
30 (b) To operate a motor vehicle in this state unless
31 the person is restrained by a safety belt.
1
5:46 PM 04/07/05 s0216.tr30.222
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 216
Barcode 065388
1 (8) Any person who violates the provisions of this
2 section commits a nonmoving violation, punishable as provided
3 in chapter 318. However, except for violations of s. 316.613
4 and paragraph (4)(a), enforcement of this section by state or
5 local law enforcement agencies must be accomplished only as a
6 secondary action when a driver of a motor vehicle has been
7 detained for a suspected violation of another section of this
8 chapter, chapter 320, or chapter 322.
9 (9) By January 1, 2006, each law enforcement agency in
10 this state shall adopt departmental policy to prohibit the
11 practice of racial profiling. When a law enforcement officer
12 issues a citation for a violation of this section, the law
13 enforcement officer must record the race and ethnicity of the
14 violator. All law enforcement agencies must maintain such
15 information and forward the information to the department in a
16 form and manner determined by the department. The department
17 shall collect this information by jurisdiction and annually
18 report the data to the Governor, the President of the Senate,
19 and the Speaker of the House of Representatives. The report
20 must show separate statewide totals for the state's county
21 sheriffs and municipal law enforcement agencies, state law
22 enforcement agencies, and state university law enforcement
23 agencies.
24 (10)(9) A violation of the provisions of this section
25 shall not constitute negligence per se, nor shall such
26 violation be used as prima facie evidence of negligence or be
27 considered in mitigation of damages, but such violation may be
28 considered as evidence of comparative negligence, in any civil
29 action.
30 Section 3. This act shall take effect July 1, 2005.
31
2
5:46 PM 04/07/05 s0216.tr30.222
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 216
Barcode 065388
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, lines 3 through 6, delete those lines
4
5 and insert:
6 usage; amending s. 316.614, F.S.; revising
7 provisions relating to safety belt usage;
8 requiring the department to develop a policy to
9 prohibit the practice of racial profiling;
10 providing an effective date.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
5:46 PM 04/07/05 s0216.tr30.222