Senate Bill sb0216c1

    Florida Senate - 2005                            CS for SB 216

    By the Committee on Transportation; and Senators Hill and Lynn





    596-1998-05

  1                      A bill to be entitled

  2         An act relating to motor vehicle safety belt

  3         usage; providing a short title; amending s.

  4         316.614, F.S.; revising provisions relating to

  5         safety belt usage; requiring the Department of

  6         Highway Safety and Motor Vehicles to develop a

  7         policy to prohibit the practice of racial

  8         profiling; providing an effective date.

  9  

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

11  

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

13  "Dori Slosberg Act of 2005."

14         Section 2.  Subsections (4) and (8) of section 316.614,

15  Florida Statutes, are amended, present subsection (9) of that

16  section is redesignated as subsection (10), and a new

17  subsection (9) is added to that section, to read:

18         316.614  Safety belt usage.--

19         (4)  It is unlawful for any person:

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

21  each passenger and the operator of the vehicle under the age

22  of 18 years is restrained by a safety belt or by a child

23  restraint device pursuant to s. 316.613, if applicable; or

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

25  the person is restrained by a safety belt.

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

27  section commits a nonmoving violation, punishable as provided

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

29  and paragraph (4)(a), enforcement of this section by state or

30  local law enforcement agencies must be accomplished only as a

31  secondary action when a driver of a motor vehicle has been

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






    Florida Senate - 2005                            CS for SB 216
    596-1998-05




 1  detained for a suspected violation of another section of this

 2  chapter, chapter 320, or chapter 322.

 3         (9)  By January 1, 2006, each law enforcement agency in

 4  this state shall adopt departmental policies to prohibit the

 5  practice of racial profiling. When a law enforcement officer

 6  issues a citation for a violation of this section, the law

 7  enforcement officer must record the race and ethnicity of the

 8  violator. All law enforcement agencies must maintain such

 9  information and forward the information to the department in a

10  form and manner determined by the department. The department

11  shall collect this information by jurisdiction and annually

12  report the data to the Governor, the President of the Senate,

13  and the Speaker of the House of Representatives. The report

14  must show separate statewide totals for the state's county

15  sheriffs and municipal law enforcement agencies, state law

16  enforcement agencies, and state university law enforcement

17  agencies.

18         Section 3.  This act shall take effect July 1, 2005.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                         Senate Bill 216

22                                 

23  This CS amends the "Florida Safety Belt Law" to provide for
    primary enforcement of the safety belt law for operators and
24  passengers under the age of 18 years and requires each law
    enforcement agency in Florida to adopt a departmental policy
25  to prohibit racial profiling.

26  

27  

28  

29  

30  

31  

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