HB 619

1
A bill to be entitled
2An act relating to child-restraint requirements; amending
3s. 316.613, F.S.; providing child-restraint requirements
4for children ages 4 through 7; redefining the term "motor
5vehicle" so as to exclude certain vehicles from such
6requirements; providing a grace period; providing
7exceptions to such requirements; providing effective
8dates.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Effective January 1, 2010, paragraph (a) of
13subsection (1) and paragraph (b) of subsection (2) of section
14316.613, Florida Statutes, are amended to read:
15     316.613  Child restraint requirements.--
16     (1)(a)  Each Every operator of a motor vehicle as defined
17herein, while transporting a child in a motor vehicle operated
18on the roadways, streets, or highways of this state, shall, if
19the child is 7 5 years of age or younger, provide for protection
20of the child by properly using a crash-tested, federally
21approved child restraint device that is appropriate for the
22height and weight of the child. Such devices may include a
23vehicle manufacturer's integrated child seat, a separate child
24safety seat, or a child booster seat that displays the child's
25weight and height specifications for the seat on the attached
26manufacturer's label as required by Federal Motor Vehicle Safety
27Standards FMVSS213. The device must comply with standards of the
28United States Department of Transportation and be secured in the
29vehicle in accordance with instructions of the manufacturer. For
30children aged through 3 years, such restraint device must be a
31separate carrier or a vehicle manufacturer's integrated child
32seat. For children aged 4 through 7 5 years, a separate carrier,
33an integrated child seat, or a child booster seat belt may be
34used. The court may dismiss the charge against a motor vehicle
35operator for a first violation of this paragraph upon proof of
36purchase of a federally approved child restraint device.
37     (2)  As used in this section, the term "motor vehicle"
38means a motor vehicle as defined in s. 316.003 that is operated
39on the roadways, streets, and highways of the state. The term
40does not include:
41     (b)  A bus or a passenger vehicle designed to accommodate
4210 or more persons and used for the transportation of persons
43for compensation, other than a bus regularly used to transport
44children to or from school, as defined in s. 316.615(1)(b), or
45in conjunction with school activities.
46     Section 2.  Effective July 1, 2009, a driver of a motor
47vehicle who does not violate the then-existing provisions of s.
48316.613(1)(a), Florida Statutes, but whose conduct would violate
49that provision, as amended January 1, 2010, may be issued a
50verbal warning and given educational literature by a law
51enforcement officer.
52     Section 3.  This act does not apply to a person who is
53transporting 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
56in response to a declared emergency situation or an immediate
57emergency involving the child;
58     (3)  Transporting a child with a medically necessary
59exception with appropriate documentation from a health
60professional; or
61     (4)  Acting generally as a Good Samaritan.
62     Section 4.  Except as otherwise expressly provided in this
63act, this act shall take effect July 1, 2008.


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