Senate Bill sb0956

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                   SB 956

    By Senator Wise





    5-1077-07                                           See HB 443

  1                      A bill to be entitled

  2         An act relating to child passenger safety;

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

  4         requirements for safety restraints to be used

  5         by motor vehicle passengers under a certain

  6         age; providing a short title; providing for

  7         application; requiring motor vehicle leasing

  8         companies to provide notice of restraint device

  9         requirements; providing definitions; revising

10         the definition of "motor vehicle"; authorizing

11         the Department of Highway Safety and Motor

12         Vehicles to expend funds for certain

13         educational purposes; prohibiting a driver from

14         transporting a child who has not attained a

15         certain age unless the child is properly

16         restrained; providing requirements for use of

17         restraint devices and seating positions;

18         providing for exceptions; providing driver

19         responsibility with respect to passenger

20         seating positions; providing penalties;

21         providing for disposition by the court;

22         providing an effective date.

23  

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

25  

26         Section 1.  Section 316.613, Florida Statutes, is

27  amended to read:

28         316.613  Child restraint requirements.--

29         (1)  This section may be cited as the "Child Passenger

30  Safety Act of Florida."

31  

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    Florida Senate - 2007                                   SB 956
    5-1077-07                                           See HB 443




 1         (2)(a)  This section applies to any person operating a

 2  motor vehicle on a public roadway, street, or highway of this

 3  state when transporting a child who has not attained 18 years

 4  of age.

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

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

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

 8  the child is 5 years of age or younger, provide for protection

 9  of the child by properly using a crash-tested, federally

10  approved child restraint device. For children aged through 3

11  years, such restraint device must be a separate carrier or a

12  vehicle manufacturer's integrated child seat. For children

13  aged 4 through 5 years, a separate carrier, an integrated

14  child seat, or a seat belt may be used.

15         (b)1.  The Division of Motor Vehicles shall provide

16  notice of the requirement for child restraint devices, which

17  notice shall accompany the delivery of each motor vehicle

18  license tag.

19         2.  A business that leases motor vehicles to the public

20  shall provide notice in the leasing agreement of the

21  requirement for child restraint devices.

22         (3)(2)  As used in this section:, the term

23         (a)  "Appropriate child restraint" means a child

24  restraint that fits a child when used in accordance with the

25  recommendations of the child restraint manufacturer.

26         (b)  "Child restraint" or "child restraint system"

27  means any portable or built-in device, except a seat belt,

28  designed for use in a motor vehicle to restrain, seat, or

29  position a child, which device meets or exceeds the

30  requirements of 49 C.F.R. s. 571.213.

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    Florida Senate - 2007                                   SB 956
    5-1077-07                                           See HB 443




 1         (c)  "Child restraint anchorage system" means the

 2  equipment in a vehicle, other than seat belts, which is

 3  specifically designed for attaching the child restraint to the

 4  vehicle seat.

 5         (d)  "Correctly installed" means that the child

 6  restraint, other than a built-in child restraint, is attached

 7  to the vehicle seat by means of the child restraint anchorage

 8  system or a seat belt in a manner that tightly secures the

 9  child restraint to the vehicle seat.

10         (e)  "Driver" means an individual who operates and is

11  in control of a motor vehicle.

12         (f)  "Lap belt" means a restraint that consists of a

13  single belt that provides only lower-body restraint.

14         (g)  "Motor vehicle" means a motor vehicle as defined

15  in s. 316.003 that is operated on a roadway, street, or

16  highway the roadways, streets, and highways of the state. The

17  term does not include:

18         1.(a)  A school bus as defined in s. 316.003(45).

19         2.(b)  A bus, or a passenger vehicle designed to

20  accommodate ten or more persons, used for the commercial

21  transportation of persons for compensation, other than a bus

22  regularly used to transport children to or from school, as

23  defined in s. 316.615(1)(b), or in conjunction with school

24  activities.

25         3.(c)  A farm tractor or implement of husbandry.

26         4.(d)  A truck of net weight of more than 5,000 pounds.

27         5.(e)  A motorcycle, moped, or bicycle.

28         (h)  "Properly restrained" means that the child

29  occupies a child restraint that is used in accordance with the

30  recommendations of the manufacturer and is correctly installed

31  in the vehicle.

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    Florida Senate - 2007                                   SB 956
    5-1077-07                                           See HB 443




 1         (i)  "Seat belt" means a restraint, consisting of a lap

 2  belt or both a lap belt and a shoulder belt, which is attached

 3  to the frame of a motor vehicle at a seating position.

 4         (4)(3)  The failure to provide and use a child

 5  passenger restraint shall not be considered comparative

 6  negligence, nor shall such failure be admissible as evidence

 7  in the trial of any civil action with regard to negligence.

 8         (5)(a)(4)  It is the legislative intent that all state,

 9  county, and local law enforcement agencies, and safety

10  councils, in recognition of the problems with child death and

11  injury from unrestrained occupancy in motor vehicles, conduct

12  a continuing safety and public awareness campaign as to the

13  magnitude of the problem.

14         (b)  The department may authorize the expenditure of

15  funds for the purchase of promotional items as part of the

16  public information and education campaigns provided for in

17  this subsection and ss. 316.614, 322.025, and 403.7145.

18         (6)(a)  A driver may not transport a child who has not

19  attained 18 years of age in a motor vehicle on a public

20  roadway, street, or highway of this state unless the child is

21  properly restrained in an appropriate child restraint that is

22  correctly installed and that meets or exceeds the requirements

23  of 49 C.F.R. s. 571.213.

24         1.  For children from birth who have not attained 4

25  years of age, the child restraint device must be a separate

26  carrier or a vehicle manufacturer's integrated child seat.

27         2.  For children at least 4 years of age who have not

28  attained 8 years of age, a separate child safety seat, a

29  vehicle manufacturer's integrated child seat, or a child

30  booster seat must be used.

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    Florida Senate - 2007                                   SB 956
    5-1077-07                                           See HB 443




 1         3.  For children at least 8 years of age who have not

 2  attained 18 years of age, a seat belt consisting of a lap belt

 3  and a shoulder belt must be used; however, if the vehicle is

 4  not equipped with lap and shoulder belts or if all existing

 5  lap and shoulder belts are being used to properly restrain

 6  other children who have not attained 18 years of age, a lap

 7  belt only may be used.

 8         (b)  A child in a rear-facing child restraint device

 9  may not ride in the front seat of a motor vehicle unless the

10  front passenger-side airbag is deactivated and:

11         1.  Only the front seat is available; or

12         2.  The special health care needs of the child require

13  the child to ride in the front seat of the motor vehicle,

14  those special needs are documented by a physician in writing,

15  and the written documentation is carried in the vehicle.

16         (c)  The front passenger-side airbag must be

17  deactivated when a child who has not attained 13 years of age

18  rides in the front seat of the motor vehicle. A child who has

19  not attained 13 years of age should ride in the rear seat of

20  the vehicle unless the vehicle does not have a rear seat or

21  the rear seat is being used by other children who have not

22  attained 13 years of age.

23         (d)  A driver shall ensure that not more than one child

24  occupies each vehicle seating position equipped with a seat

25  belt.

26         (7)  This section is subject to primary enforcement. A

27  driver who violates any provision of this section shall be

28  subject to penalty as follows:

29         (a)  Until January 1, 2008, a driver may be issued a

30  verbal warning and given educational literature by a law

31  enforcement officer.

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    Florida Senate - 2007                                   SB 956
    5-1077-07                                           See HB 443




 1         (b)(5)  Any person who violates the provisions of this

 2  section commits a moving violation, punishable as provided in

 3  chapter 318, and shall have 3 points assessed against his or

 4  her driver's license as set forth in s. 322.27.

 5         (c)  In lieu of the penalty specified in s. 318.18 and

 6  the assessment of points, a person who violates the provisions

 7  of this section may elect, with the court's approval, to:

 8         1.  Provide proof of purchase of an appropriate child

 9  restraint to the court or appropriate administrative body; or

10         2.  Participate in a child restraint safety program

11  approved by the chief judge of the circuit in which the

12  violation occurs, and upon completing such program, the

13  penalty specified in chapter 318 and associated costs may be

14  waived at the court's discretion and the assessment of points

15  shall be waived. The child restraint safety program must use a

16  course approved by the Department of Highway Safety and Motor

17  Vehicles, and the fee for the course must bear a reasonable

18  relationship to the cost of providing the course.

19         Section 2.  This act shall take effect July 1, 2007.

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