Florida Senate - 2009 CS for SB 1404
By the Committee on Transportation; and Senators Altman, Gelber,
Ring, Rich, and Deutch
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.
9 Be It Enacted by the Legislature of the State of Florida:
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, present paragraph (b) of
14 subsection (1) of that section is redesignated as paragraph (d),
15 and new paragraphs (b) and (c) are added to that subsection, to
17 316.613 Child restraint requirements.—
18 (1)(a) Each
Every operator of a motor vehicle as defined
19 herein, while transporting a child in a motor vehicle operated
20 on the roadways, streets, or highways of this state, shall, if
21 the child is 7 5 years of age or younger, provide for protection
22 of the child by properly using a crash-tested, federally
23 approved child restraint device that is appropriate for the
24 height and weight of the child. The device may include a vehicle
25 manufacturer’s integrated child seat, a separate child safety
26 seat, or a child booster seat that displays the child’s weight
27 and height specifications for the seat on the attached
28 manufacturer’s label as required by Federal Motor Vehicle Safety
29 Standard No. 213. The device must comply with the standards of
30 the United States Department of Transportation and be secured in
31 the motor vehicle in accordance with the manufacturer’s
32 instructions. The court may dismiss the charge against a motor
33 vehicle operator for a first violation of this subsection upon
34 proof that a federally approved child restraint device has been
35 purchased or otherwise obtained.
36 (b) For children aged through 3 years, such restraint
37 device must be a separate carrier or a vehicle manufacturer’s
38 integrated child seat.
39 (c) For children aged 4 through 7 5 years, a separate
40 carrier, an integrated child seat, or a child booster seat belt
41 may be used. However, the requirement to use a child booster
42 seat does not apply when a separate carrier, integrated child
43 seat, or seat belt as required in s. 316.614(4)(a) is used and
44 the person is:
45 1. Traveling on a highway having a posted maximum speed
46 limit of 45 miles per hour or less;
47 2. Visiting in this state and driving with a valid out-of
48 state driver’s license;
49 3. Transporting the child gratuitously and in good faith in
50 response to a declared emergency situation or an immediate
51 emergency involving the child; or
52 4. Transporting a child whose medical condition
53 necessitates an exception as evidenced by appropriate
54 documentation from a health professional.
55 (d) (b) The Division of Motor Vehicles shall provide notice
56 of the requirement for child restraint devices, which notice
57 shall accompany the delivery of each motor vehicle license tag.
58 (2) As used in this section, the term “motor vehicle” means
59 a motor vehicle as defined in s. 316.003 that is operated on the
60 roadways, streets, and highways of the state. The term does not
62 (b) A bus or a passenger vehicle designed to accommodate 10
63 or more persons and used for the transportation of persons for
64 compensation, other than a bus regularly used to transport
65 children to or from school, as defined in s. 316.615(1)(b), or
66 in conjunction with school activities.
67 Section 2. Effective July 1, 2010, a driver of a motor
68 vehicle who does not violate the then-existing provisions of s.
69 316.613(1)(c), Florida Statutes, but whose conduct would violate
70 that provision, as amended January 1, 2011, may be issued a
71 verbal warning and given educational literature by a law
72 enforcement officer.
73 Section 3. Except as otherwise expressly provided in this
74 act, this act shall take effect July 1, 2009.