CS for CS for SB 1404                      First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20091404e1
       
    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; providing
    5         exceptions; redefining the term “motor vehicle” to
    6         exclude certain vehicles from such requirements;
    7         providing a grace period; providing exceptions;
    8         providing effective dates.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Effective January 1, 2011, paragraph (a) of
   13  subsection (1) and paragraph (b) of subsection (2) of section
   14  316.613, Florida Statutes, are amended, present paragraph (b) of
   15  subsection (1) of that section is redesignated as paragraph (d),
   16  and new paragraphs (b) and (c) are added to that subsection, to
   17  read:
   18         316.613 Child restraint requirements.—
   19         (1)(a) Each Every operator of a motor vehicle as defined
   20  herein, while transporting a child in a motor vehicle operated
   21  on the roadways, streets, or highways of this state, shall, if
   22  the child is 7 5 years of age or younger, provide for protection
   23  of the child by properly using a crash-tested, federally
   24  approved child restraint device that is appropriate for the
   25  height and weight of the child unless the child is being
   26  transported in the bed of a pick-up truck in compliance with s.
   27  316.2015 or the child is participating in an official parade.
   28  The device may include a vehicle manufacturer’s integrated child
   29  seat, a separate child safety seat, or a child booster seat that
   30  displays the child’s weight and height specifications for the
   31  seat on the attached manufacturer’s label as required by Federal
   32  Motor Vehicle Safety Standard No. 213. The device must comply
   33  with the standards of the United States Department of
   34  Transportation and be secured in the motor vehicle in accordance
   35  with the manufacturer’s instructions. The court may dismiss the
   36  charge against a motor vehicle operator for a first violation of
   37  this subsection upon proof that a federally approved child
   38  restraint device has been purchased or otherwise obtained.
   39         (b) For children aged through 3 years, such restraint
   40  device must be a separate carrier or a vehicle manufacturer’s
   41  integrated child seat.
   42         (c) For children aged 4 through 7 5 years, a separate
   43  carrier, an integrated child seat, or a child booster seat belt
   44  may be used. However, the requirement to use a child booster
   45  seat does not apply when a separate carrier, integrated child
   46  seat, or seat belt as required in s. 316.614(4)(a) is used and
   47  the person is:
   48         1. Traveling on a highway having a posted maximum speed
   49  limit of 45 miles per hour or less;
   50         2. Transporting the child gratuitously and in good faith in
   51  response to a declared emergency situation or an immediate
   52  emergency involving the child; or
   53         3. Transporting a child whose medical condition
   54  necessitates an exception as evidenced by appropriate
   55  documentation from a health professional.
   56         (d)(b) The Division of Motor Vehicles shall provide notice
   57  of the requirement for child restraint devices, which notice
   58  shall accompany the delivery of each motor vehicle license tag.
   59         (2) As used in this section, the term “motor vehicle” means
   60  a motor vehicle as defined in s. 316.003 that is operated on the
   61  roadways, streets, and highways of the state. The term does not
   62  include:
   63         (b) A bus or a passenger vehicle designed to accommodate 10
   64  or more persons and used for the transportation of persons for
   65  compensation, other than a bus regularly used to transport
   66  children to or from school, as defined in s. 316.615(1)(b), or
   67  in conjunction with school activities.
   68         Section 2. Effective July 1, 2010, a driver of a motor
   69  vehicle who does not violate the then-existing provisions of s.
   70  316.613(1)(c), Florida Statutes, but whose conduct would violate
   71  that provision, as amended January 1, 2011, shall be issued a
   72  verbal warning and given educational literature by a law
   73  enforcement officer.
   74         Section 3. Except as otherwise expressly provided in this
   75  act, this act shall take effect July 1, 2009.