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; redefining the term "motor |
5 | vehicle" so as to exclude certain vehicles from such |
6 | requirements; providing a grace period; providing |
7 | exceptions to such requirements; providing effective |
8 | dates. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Effective January 1, 2010, paragraph (a) of |
13 | subsection (1) and paragraph (b) of subsection (2) of section |
14 | 316.613, Florida Statutes, are amended to read: |
15 | 316.613 Child restraint requirements.-- |
16 | (1)(a) Each Every operator of a motor vehicle as defined |
17 | herein, while transporting a child in a motor vehicle operated |
18 | on the roadways, streets, or highways of this state, shall, if |
19 | the child is 7 5 years of age or younger, provide for protection |
20 | of the child by properly using a crash-tested, federally |
21 | approved child restraint device that is appropriate for the |
22 | height and weight of the child. Such devices may include a |
23 | vehicle manufacturer's integrated child seat, a separate child |
24 | safety seat, or a child booster seat that displays the child's |
25 | weight and height specifications for the seat on the attached |
26 | manufacturer's label as required by Federal Motor Vehicle Safety |
27 | Standards FMVSS213. The device must comply with standards of the |
28 | United States Department of Transportation and be secured in the |
29 | vehicle in accordance with instructions of the manufacturer. For |
30 | children aged through 3 years, such restraint device must be a |
31 | separate carrier or a vehicle manufacturer's integrated child |
32 | seat. For children aged 4 through 7 5 years, a separate carrier, |
33 | an integrated child seat, or a child booster seat belt may be |
34 | used. The court may dismiss the charge against a motor vehicle |
35 | operator for a first violation of this paragraph upon proof of |
36 | purchase of a federally approved child restraint device. |
37 | (2) As used in this section, the term "motor vehicle" |
38 | means a motor vehicle as defined in s. 316.003 that is operated |
39 | on the roadways, streets, and highways of the state. The term |
40 | does not include: |
41 | (b) A bus or a passenger vehicle designed to accommodate |
42 | 10 or more persons and used for the transportation of persons |
43 | for compensation, other than a bus regularly used to transport |
44 | children to or from school, as defined in s. 316.615(1)(b), or |
45 | in conjunction with school activities. |
46 | Section 2. Effective July 1, 2009, a driver of a motor |
47 | vehicle who does not violate the then-existing provisions of s. |
48 | 316.613(1)(a), Florida Statutes, but whose conduct would violate |
49 | that provision, as amended January 1, 2010, may be issued a |
50 | verbal warning and given educational literature by a law |
51 | enforcement officer. |
52 | Section 3. This act does not apply to a person who is |
53 | transporting a child aged 4 through 7 if the person is: |
54 | (1) Visiting in this state; |
55 | (2) Transporting the child gratuitously and in good faith |
56 | in response to a declared emergency situation or an immediate |
57 | emergency involving the child; |
58 | (3) Transporting a child with a medically necessary |
59 | exception with appropriate documentation from a health |
60 | professional; or |
61 | (4) Acting generally as a Good Samaritan. |
62 | Section 4. Except as otherwise expressly provided in this |
63 | act, this act shall take effect July 1, 2008. |