HB 357

1
A bill to be entitled
2An act relating to child safety devices; amending s.
3316.613, F.S.; providing child-restraint requirements for
4children 4 through 7 years of age; redefining the term
5"motor vehicle" to exclude certain vehicles from such
6requirements; providing exceptions to such requirements;
7providing a grace period; amending s. 327.50, F.S.;
8revising equipment requirements for vessel safety;
9providing effective dates.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Effective January 1, 2011, paragraph (a) of
14subsection (1) and paragraph (b) of subsection (2) of section
15316.613, Florida Statutes, are amended, and subsection (6) is
16added to that section, to read:
17     316.613  Child restraint requirements.--
18     (1)(a)  Each Every operator of a motor vehicle as defined
19herein, while transporting a child in a motor vehicle operated
20on the roadways, streets, or highways of this state, shall, if
21the child has not attained 8 is 5 years of age or younger,
22provide for protection of the child by properly using a crash-
23tested, federally approved child restraint device that is
24appropriate for the height and weight of the child. Such devices
25may include a vehicle manufacturer's integrated child seat, a
26separate child safety seat, or a child booster seat that
27displays the child's weight and height specifications for the
28seat on the attached manufacturer's label as required by Federal
29Motor Vehicle Safety Standards FMVSS 213. The device must comply
30with standards of the United States Department of Transportation
31and be secured in the vehicle in accordance with instructions of
32the manufacturer. For children who have not attained 4 aged
33through 3 years of age, such restraint device must be a separate
34carrier or a vehicle manufacturer's integrated child seat. For
35children aged 4 through 7 5 years of age, a separate carrier, an
36integrated child seat, or a child booster seat belt may be used.
37The court may dismiss the charge against a motor vehicle
38operator for a first violation of this paragraph upon proof of
39purchase of a federally approved child restraint device.
40     (2)  As used in this section, the term "motor vehicle"
41means a motor vehicle as defined in s. 316.003 that is operated
42on the roadways, streets, and highways of the state. The term
43does not include:
44     (b)  A bus or a passenger vehicle designed to accommodate
4510 or more persons and used for the transportation of persons
46for compensation, other than a bus regularly used to transport
47children to or from school, as defined in s. 316.615(1)(b), or
48in conjunction with school activities.
49     (6)   This section does not apply to a person who is
50transporting a child 4 through 7 years of age if the person is:
51     (a)  Visiting in this state;
52     (b)  Transporting the child gratuitously and in good faith
53in response to a declared emergency situation or an immediate
54emergency involving the child;
55     (c)  Transporting a child with a medically necessary
56exception with appropriate documentation from a health
57professional; or
58     (d)  Acting generally as a Good Samaritan.
59     Section 2.  Effective July 1, 2010, a driver of a motor
60vehicle who does not violate the then-existing provisions of s.
61316.613(1)(a), Florida Statutes, but whose conduct would violate
62that provision, as amended January 1, 2011, may be issued a
63verbal warning and given educational literature by a law
64enforcement officer.
65     Section 3.  Section 327.50, Florida Statutes, is amended to
66read:
67     327.50  Vessel safety regulations; equipment and lighting
68requirements.--
69     (1)(a)  The owner and operator of every vessel on the
70waters of this state shall carry, store, maintain, and use
71safety equipment in accordance with current United States Coast
72Guard safety equipment requirements as specified in the Code of
73Federal Regulations, unless expressly exempted by the
74department.
75     (b)  No person shall operate a vessel less than 26 feet in
76length on the waters of this state unless every person under 6
77years of age on board the vessel is wearing a type I, type II,
78or type III Coast Guard approved personal flotation device while
79such vessel is underway. For the purpose of this section,
80"underway" shall mean at all times except when a vessel is
81anchored, moored, made fast to the shore, or aground.
82     (2)  A No person may not shall operate a vessel on the
83waters of this state unless the said vessel is equipped with
84properly serviceable lights and shapes required by the
85navigation rules.
86     (3)  The use of sirens or flashing, occulting, or revolving
87lights on any vessel is prohibited, except as expressly provided
88in the navigation rules or annexes thereto.
89     Section 4.  Except as otherwise expressly provided in this
90act, this act shall take effect October 1, 2009.


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