Florida Senate - 2009                                    SB 1404
       
       
       
       By Senator Altman
       
       
       
       
       24-00396A-09                                          20091404__
    1                        A bill to be entitled                      
    2         An act relating to child-restraint requirements;
    3         amending s. 316.613, F.S.; providing child-restraint
    4         requirements for children ages 4 through 7; redefining
    5         the term “motor vehicle” to exclude certain vehicles
    6         from such requirements; providing a grace period;
    7         providing exceptions; providing effective dates.
    8         
    9  Be It Enacted by the Legislature of the State of Florida:
   10         
   11         Section 1. Effective January 1, 2011, paragraph (a) of
   12  subsection (1) and paragraph (b) of subsection (2) of section
   13  316.613, Florida Statutes, are amended to read:
   14         316.613 Child restraint requirements.—
   15         (1)(a) Each 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 protection
   19  of the child by properly using a crash-tested, federally
   20  approved child restraint device that is appropriate for the
   21  height and weight of the child. The device may include a vehicle
   22  manufacturer's integrated child seat, a separate child safety
   23  seat, or a child booster seat that displays the child's weight
   24  and height specifications for the seat on the attached
   25  manufacturer's label as required by Federal Motor Vehicle Safety
   26  Standards FMVSS213. The device must comply with the standards of
   27  the United States Department of Transportation and be secured in
   28  the motor vehicle in accordance with the manufacturer's
   29  instructions. For children aged through 3 years, such restraint
   30  device must be a separate carrier or a vehicle manufacturer's
   31  integrated child seat. For children aged 4 through 7 5 years, a
   32  separate carrier, an integrated child seat, or a child booster
   33  seat belt may be used. The court may dismiss the charge against
   34  a motor vehicle operator for a first violation of this paragraph
   35  upon proof of purchase of a federally approved child restraint
   36  device.
   37         (2) As used in this section, the term “motor vehicle” means
   38  a motor vehicle as defined in s. 316.003 that is operated on the
   39  roadways, streets, and highways of the state. The term does not
   40  include:
   41         (b) A bus or a passenger vehicle designed to accommodate 10
   42  or more persons and used for the transportation of persons for
   43  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, 2010, 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, 2011, 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 and driving with a valid out-of
   55  state driver's license;
   56         (2) Transporting the child gratuitously and in good faith
   57  in response to a declared emergency situation or an immediate
   58  emergency involving the child; or
   59         (3) Transporting a child whose medical condition
   60  necessitates an exception as evidenced by appropriate
   61  documentation from a health professional.
   62         Section 4. Except as otherwise expressly provided in this
   63  act, this act shall take effect July 1, 2009.