Bill No. CS/CS/SB 1150
Amendment No. 430843
Senate House

1Representative Steinberg offered the following:
3     Amendment to Amendment (162081) (with title amendment)
4     Between lines 401 and 402, insert:
5     Section 18.  Effective July 1, 2012, subsection (1) and
6paragraph (b) of subsection (2) of section 316.613, Florida
7Statutes, are amended, and subsection (6) is added to that
8section, to read:
9     316.613  Child restraint requirements.-
10     (1)(a)  Each Every operator of a motor vehicle as defined
11herein, while transporting a child in a motor vehicle operated
12on the roadways, streets, or highways of this state, shall, if
13the child is 7 5 years of age or younger and is less than 4 feet
149 inches in height, provide for protection of the child by
15properly using a crash-tested, federally approved child
16restraint device that is appropriate for the height and weight
17of the child. The device may include a vehicle manufacturer's
18integrated child seat, a separate child safety seat, or a child
19booster seat that displays the child's weight and height
20specifications for the seat on the attached manufacturer's label
21as required by Federal Motor Vehicle Safety Standard No. 213.
22The device must comply with the standards of the United States
23Department of Transportation and be secured in the motor vehicle
24in accordance with the manufacturer's instructions. The court
25may dismiss the charge against a motor vehicle operator for a
26first violation of this subsection upon proof that a federally
27approved child restraint device has been purchased or otherwise
29     (b)  For children aged through 3 years, such restraint
30device must be a separate carrier or a vehicle manufacturer's
31integrated child seat.
32     (c)  For children aged 4 through 7 5 years who are less
33than 4 feet 9 inches in height, a separate carrier, an
34integrated child seat, or a child booster seat belt may be used.
35However, the requirement to use a child booster seat does not
36apply when a separate carrier, integrated child seat, or seat
37belt as required in s. 316.614(4)(a) is used and the person is:
38     1.  Transporting the child gratuitously and in good faith
39in response to a declared emergency situation or an immediate
40emergency involving the child; or
41     2.  Transporting a child whose medical condition
42necessitates an exception as evidenced by appropriate
43documentation from a health professional.
44     (d)(b)  The Division of Motor Vehicles shall provide notice
45of the requirement for child restraint devices, which notice
46shall accompany the delivery of each motor vehicle license tag.
47     (2)  As used in this section, the term "motor vehicle"
48means a motor vehicle as defined in s. 316.003 that is operated
49on the roadways, streets, and highways of the state. The term
50does not include:
51     (b)  A bus or a passenger vehicle designed to accommodate
5210 or more persons and used for the transportation of persons
53for compensation, other than a bus regularly used to transport
54children to or from school, as defined in s. 316.615(1)(b), or
55in conjunction with school activities.
56     (6)  It is the legislative intent that the child-restraint
57requirements imposed by this section shall not apply to a
58chauffeur-driven taxi, limousine, sedan, van, bus, motor coach,
59or other passenger vehicle if the operator and the motor vehicle
60are hired and used for transporting persons for compensation. It
61shall be the obligation and responsibility of the parent,
62guardian, or other person responsible for a child's welfare as
63defined in s. 39.01(47), to comply with the requirements of this
65     Section 19.  Effective July 1, 2011, a driver of a motor
66vehicle who does not violate the then-existing provisions of s.
67316.613(1)(c), Florida Statutes, but whose conduct would violate
68that provision, as amended July 1, 2012, shall be issued a
69verbal warning and given educational literature by a law
70enforcement officer.
T I T L E  A M E N D M E N T
76     Remove line 3323 and insert:
77vehicles; providing child-restraint requirements for children
78ages 4 through 7 years of age who are less than a specified
79height; providing certain exceptions; redefining the term "motor
80vehicle" to exclude certain vehicles from such requirements;
81providing that parents and others are responsible for complying
82with child-restraint requirements in certain chauffeur-driven
83vehicles; providing a grace period; amending s. 317.0003, F.S.,
84relating to off-highway

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