1 | A bill to be entitled |
2 | An act relating to child safety devices in motor vehicles; |
3 | amending s. 316.613, F.S.; revising child-restraint |
4 | requirements; providing child-restraint requirements for |
5 | children 4 through 7 years of age who are less than a |
6 | certain height; redefining the term "motor vehicle" to |
7 | exclude certain vehicles from such requirements; providing |
8 | exceptions to such requirements; providing a grace period; |
9 | providing effective dates. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Effective January 1, 2011, paragraph (a) of |
14 | subsection (1) and paragraph (b) of subsection (2) of section |
15 | 316.613, Florida Statutes, are amended, and subsection (6) is |
16 | added to that section, to read: |
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 has not attained 8 is 5 years of age and is not at |
22 | least 4 feet 9 inches in height or younger, provide for |
23 | protection of the child by properly using a crash-tested, |
24 | federally approved child restraint device that is appropriate |
25 | for the height and weight of the child. Such devices may include |
26 | a vehicle manufacturer's integrated child seat, a separate child |
27 | safety seat, or a child booster seat that displays the child's |
28 | weight and height specifications for the seat on the attached |
29 | manufacturer's label as required by Federal Motor Vehicle Safety |
30 | Standards FMVSS 213. The device must comply with the standards |
31 | of the United States Department of Transportation and be secured |
32 | in the vehicle in accordance with instructions of the |
33 | manufacturer. For children who have not attained 4 aged through |
34 | 3 years of age, such restraint device must be a separate carrier |
35 | or a vehicle manufacturer's integrated child seat. For children |
36 | aged 4 through 7 5 years of age, a separate carrier, an |
37 | integrated child seat, or a child booster seat belt may be used. |
38 | A child restraint device is not required under this paragraph |
39 | for a child 4 through 7 years of age whose height is at least 4 |
40 | feet 9 inches. The court may dismiss the charge against a motor |
41 | vehicle operator for a first violation of this paragraph upon |
42 | proof of purchase of a federally approved child restraint |
43 | device. |
44 | (2) As used in this section, the term "motor vehicle" |
45 | means a motor vehicle as defined in s. 316.003 that is operated |
46 | on the roadways, streets, and highways of the state. The term |
47 | does not include: |
48 | (b) A bus or a passenger vehicle designed to accommodate |
49 | 10 or more persons and used for the transportation of persons |
50 | for compensation, other than a bus regularly used to transport |
51 | children to or from school, as defined in s. 316.615(1)(b), or |
52 | in conjunction with school activities. |
53 | (6) This section does not apply to a person who is |
54 | transporting a child 4 through 7 years of age if the person is: |
55 | (a) Transporting the child gratuitously and in good faith |
56 | in response to a declared emergency situation or an immediate |
57 | emergency involving the child; |
58 | (b) Transporting a child with a medically necessary |
59 | exception with appropriate documentation from a health |
60 | professional; or |
61 | (c) Acting generally as a Good Samaritan. |
62 | Section 2. Effective July 1, 2010, a driver of a motor |
63 | vehicle who does not violate the then-existing provisions of s. |
64 | 316.613(1)(a), Florida Statutes, but whose conduct would violate |
65 | those provisions as amended January 1, 2011, may be issued a |
66 | verbal warning and given educational literature by a law |
67 | enforcement officer. |
68 | Section 3. Except as otherwise expressly provided in this |
69 | act, this act shall take effect upon becoming a law. |