HB 217

1
A bill to be entitled
2An act relating to child-restraint requirements; amending
3s. 316.613, F.S.; providing child-restraint requirements
4for children 4 through 7 years of age; redefining the term
5"motor vehicle" to exclude certain vehicles from such
6requirements; providing exceptions; providing a grace
7period; providing effective dates.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Effective January 1, 2012, paragraph (a) of
12subsection (1) and paragraph (b) of subsection (2) of section
13316.613, Florida Statutes, are amended, and subsection (6) is
14added to that section, to read:
15     316.613  Child restraint requirements.--
16     (1)(a)  Each Every operator of a motor vehicle as defined
17herein, while transporting a child in a motor vehicle operated
18on the roadways, streets, or highways of this state, shall, if
19the child has not attained 8 is 5 years of age or younger,
20provide for protection of the child by properly using a crash-
21tested, federally approved child restraint device that is
22appropriate for the height and weight of the child. The device
23may include a vehicle manufacturer's integrated child seat, a
24separate child safety seat, or a child booster seat that
25displays the child's weight and height specifications for the
26seat on the attached manufacturer's label as required by Federal
27Motor Vehicle Safety Standards FMVSS213. The device must comply
28with the standards of the United States Department of
29Transportation and be secured in the motor vehicle in accordance
30with the manufacturer's instructions. For children who have not
31attained 4 aged through 3 years of age, such restraint device
32must be a separate carrier or a vehicle manufacturer's
33integrated child seat. For children aged 4 through 7 5 years of
34age, a separate carrier, an integrated child seat, or a child
35booster seat belt may be used. The court may dismiss the charge
36against a motor vehicle operator for a first violation of this
37paragraph upon proof of purchase of a federally approved child
38restraint device.
39     (2)  As used in this section, the term "motor vehicle"
40means a motor vehicle as defined in s. 316.003 that is operated
41on the roadways, streets, and highways of the state. The term
42does not include:
43     (b)  A bus or a passenger vehicle designed to accommodate
4410 or more persons and used for the transportation of persons
45for compensation, other than a bus regularly used to transport
46children to or from school, as defined in s. 316.615(1)(b), or
47in conjunction with school activities.
48     (6)  This section does not apply to a person who is
49transporting a child 4 through 7 years of age if the person is:
50     (a)  Visiting in this state and driving with a valid out-
51of-state driver's license;
52     (b)  Transporting the child gratuitously and in good faith
53in response to a declared emergency situation or an immediate
54emergency involving the child; or
55     (c)  Transporting a child whose medical condition
56necessitates an exception as evidenced by appropriate
57documentation from a health professional.
58     Section 2.  Effective July 1, 2011, a driver of a motor
59vehicle who does not violate the then-existing provisions of s.
60316.613(1)(a), Florida Statutes, but whose conduct would violate
61that provision, as amended January 1, 2012, may be issued a
62verbal warning and given educational literature by a law
63enforcement officer.
64     Section 3.  Except as otherwise expressly provided in this
65act, this act shall take effect July 1, 2010.


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