Senate Bill sb2048

    Florida Senate - 2007                                  SB 2048

    By Senator Posey





    24-1269A-07

  1                      A bill to be entitled

  2         An act relating to child restraint

  3         requirements; amending s. 316.613, F.S.;

  4         providing child-restraint requirements for

  5         children ages 4 through 7; providing a grace

  6         period; providing exceptions to such

  7         requirements; providing effective dates.

  8  

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

10  

11         Section 1.  Effective January 1, 2009, paragraph (a) of

12  subsection (1) of section 316.613, Florida Statutes, is

13  amended to read:

14         316.613  Child restraint requirements.--

15         (1)(a)  Every operator of a motor vehicle as defined

16  herein, while transporting a child in a motor vehicle operated

17  on the roadways, streets, or highways of this state, shall, if

18  the child is 7 5 years of age or younger, provide for

19  protection of the child by properly using a crash-tested,

20  federally approved child restraint device that is appropriate

21  for the height and weight of the child. Such devices may

22  include a vehicle manufacturer's integrated child seat, a

23  separate child safety seat, or a child booster seat that

24  displays the child's weight and height specifications for the

25  seat on the attached manufacturer's label as required by

26  Federal Motor Vehicle Safety Standards FMVSS213. The device

27  must comply with standards of the United State Department of

28  Transportation and be secured in the vehicle in accordance

29  with instructions of the manufacturer. For children aged

30  through 3 years, such restraint device must be a separate

31  carrier or a vehicle manufacturer's integrated child seat. For

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






    Florida Senate - 2007                                  SB 2048
    24-1269A-07




 1  children aged 4 through 7 5 years, a separate carrier, an

 2  integrated child seat, or a child booster seat belt may be

 3  used. The court shall dismiss the charge against a motor

 4  vehicle operator for a first violation of this paragraph upon

 5  proof of purchase of a federally approved child restraint

 6  device.

 7         Section 2.  Effective July 1, 2008, a driver of a motor

 8  vehicle who does not violate the then-existing provisions of

 9  section 316.613(1)(a), Florida Statutes, but whose conduct

10  would violate that provision, as amended January 1, 2009, may

11  be issued a verbal warning and given educational literature by

12  a law enforcement officer.

13         Section 3.  This act does not apply to a person who is

14  transporting a child aged 4 through 7 if the person is:

15         (1)  Visiting in this state;

16         (2)  Transporting the child gratuitously and in good

17  faith in response to a declared emergency situation or an

18  immediate emergency involving the child; or

19         (3)  Is acting generally as a Good Samaritan.

20         Section 4.  This act shall take effect July 1, 2007.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Creates additional child-restraint requirements for
      children aged 4 through 7. Provides a grace period and
25    provides exceptions.

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