Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1404
                                Barcode 300082                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2009           .                                

       The Committee on Transportation (Baker) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) and paragraph
    6  (b) of subsection (2)of section 316.613, Florida Statutes, are
    7  amended and paragraph (b) of subsection (1) is redesignated as
    8  paragraph (d), and new paragraphs (b) and (c) are added to
    9  subsection (1)of that section, to read:
   10         316.613 Child restraint requirements.—
   11         (1)(a)Each Every operator of a motor vehicle as defined
   12  herein, while transporting a child in a motor vehicle operated
   13  on the roadways, streets, or highways of this state, shall, if
   14  the child is 7 5 years of age or younger, provide for protection
   15  of the child by properly using a crash-tested, federally
   16  approved child restraint device that is appropriate for the
   17  height and weight of the child. The device may include a vehicle
   18  manufacturer's integrated child seat, a separate child safety
   19  seat, or a child booster seat that displays the child's weight
   20  and height specifications for the seat on the attached
   21  manufacturer's label as required by Federal Motor Vehicle Safety
   22  Standards FMVSS213. The device must comply with the standards of
   23  the United States Department of Transportation and be secured in
   24  the motor vehicle in accordance with the manufacturer's
   25  instructions. The court may dismiss the charge against a motor
   26  vehicle operator for a first violation of this subsection upon
   27  proof of purchase of a federally approved child restraint
   28  device.
   29         (b)For children aged through 3 years, such restraint
   30  device must be a separate carrier or a vehicle manufacturer's
   31  integrated child seat.
   32         (c)For children aged 4 through 7 5 years, a separate
   33  carrier, an integrated child seat, or a child booster seat belt
   34  may be used. However, the requirement to use a child booster
   35  seat does not apply when a separate carrier, integrated child
   36  seat, or seat belt as required in s. 316.614(4)(a), is used and
   37  the person is:
   38         1.Traveling on a highway with a posted maximum speed limit
   39  of 45 miles per hour or less;
   40         2. Visiting in this state and driving with a valid out-of
   41  state driver's license;
   42         3.Transporting the child gratuitously and in good faith in
   43  response to a declared emergency situation or an immediate
   44  emergency involving the child; or
   45         4.Transporting a child whose medical condition
   46  necessitates an exception as evidenced by appropriate
   47  documentation from a health professional.
   48         (d)(b) The Division of Motor Vehicles shall provide notice
   49  of the requirement for child restraint devices, which notice
   50  shall accompany the delivery of each motor vehicle license tag.
   51         (2) As used in this section, the term “motor vehicle” means
   52  a motor vehicle as defined in s. 316.003 that is operated on the
   53  roadways, streets, and highways of the state. The term does not
   54  include:
   55         (b) A bus or a passenger vehicle designed to accommodate 10
   56  or more persons and used for the transportation of persons for
   57  compensation, other than a bus regularly used to transport
   58  children to or from school, as defined in s. 316.615(1)(b), or
   59  in conjunction with school activities.
   60         Section 2. Effective July 1, 2010, a driver of a motor
   61  vehicle who does not violate the then-existing provisions of s.
   62  316.613(1)(c), Florida Statutes, but whose conduct would violate
   63  that provision, as amended January 1, 2011, may be issued a
   64  verbal warning and given educational literature by a law
   65  enforcement officer.
   66         Section 3. Except as otherwise expressly provided in this
   67  act, this act shall take effect July 1, 2009.
   70  ================= T I T L E  A M E N D M E N T ================
   71         And the title is amended as follows:
   72         Delete everything before the enacting clause
   73  and insert:
   74         An act relating to child-restraint requirements; amending
   75  s. 316.613, F.S.; providing child-restraint requirements for
   76  children ages 4 through 7; redefining the term “motor vehicle”
   77  to exclude certain vehicles from such requirements; providing a
   78  grace period; providing exceptions; providing effective dates.