| 1 | Representative Steinberg offered the following: |
| 2 |
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| 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 |
| 6 | paragraph (b) of subsection (2) of section 316.613, Florida |
| 7 | Statutes, are amended, and subsection (6) is added to that |
| 8 | section, to read: |
| 9 | 316.613 Child restraint requirements.- |
| 10 | (1)(a) Each Every operator of a motor vehicle as defined |
| 11 | herein, while transporting a child in a motor vehicle operated |
| 12 | on the roadways, streets, or highways of this state, shall, if |
| 13 | the child is 7 5 years of age or younger and is less than 4 feet |
| 14 | 9 inches in height, provide for protection of the child by |
| 15 | properly using a crash-tested, federally approved child |
| 16 | restraint device that is appropriate for the height and weight |
| 17 | of the child. The device may include a vehicle manufacturer's |
| 18 | integrated child seat, a separate child safety seat, or a child |
| 19 | booster seat that displays the child's weight and height |
| 20 | specifications for the seat on the attached manufacturer's label |
| 21 | as required by Federal Motor Vehicle Safety Standard No. 213. |
| 22 | The device must comply with the standards of the United States |
| 23 | Department of Transportation and be secured in the motor vehicle |
| 24 | in accordance with the manufacturer's instructions. The court |
| 25 | may dismiss the charge against a motor vehicle operator for a |
| 26 | first violation of this subsection upon proof that a federally |
| 27 | approved child restraint device has been purchased or otherwise |
| 28 | obtained. |
| 29 | (b) For children aged through 3 years, such restraint |
| 30 | device must be a separate carrier or a vehicle manufacturer's |
| 31 | integrated child seat. |
| 32 | (c) For children aged 4 through 7 5 years who are less |
| 33 | than 4 feet 9 inches in height, a separate carrier, an |
| 34 | integrated child seat, or a child booster seat belt may be used. |
| 35 | However, the requirement to use a child booster seat does not |
| 36 | apply when a separate carrier, integrated child seat, or seat |
| 37 | belt as required in s. 316.614(4)(a) is used and the person is: |
| 38 | 1. Transporting the child gratuitously and in good faith |
| 39 | in response to a declared emergency situation or an immediate |
| 40 | emergency involving the child; or |
| 41 | 2. Transporting a child whose medical condition |
| 42 | necessitates an exception as evidenced by appropriate |
| 43 | documentation from a health professional. |
| 44 | (d)(b) The Division of Motor Vehicles shall provide notice |
| 45 | of the requirement for child restraint devices, which notice |
| 46 | shall accompany the delivery of each motor vehicle license tag. |
| 47 | (2) As used in this section, the term "motor vehicle" |
| 48 | means a motor vehicle as defined in s. 316.003 that is operated |
| 49 | on the roadways, streets, and highways of the state. The term |
| 50 | does not include: |
| 51 | (b) A bus or a passenger vehicle designed to accommodate |
| 52 | 10 or more persons and used for the transportation of persons |
| 53 | for compensation, other than a bus regularly used to transport |
| 54 | children to or from school, as defined in s. 316.615(1)(b), or |
| 55 | in conjunction with school activities. |
| 56 | (6) It is the legislative intent that the child-restraint |
| 57 | requirements imposed by this section shall not apply to a |
| 58 | chauffeur-driven taxi, limousine, sedan, van, bus, motor coach, |
| 59 | or other passenger vehicle if the operator and the motor vehicle |
| 60 | are hired and used for transporting persons for compensation. It |
| 61 | shall be the obligation and responsibility of the parent, |
| 62 | guardian, or other person responsible for a child's welfare as |
| 63 | defined in s. 39.01(47), to comply with the requirements of this |
| 64 | section. |
| 65 | Section 19. Effective July 1, 2011, a driver of a motor |
| 66 | vehicle who does not violate the then-existing provisions of s. |
| 67 | 316.613(1)(c), Florida Statutes, but whose conduct would violate |
| 68 | that provision, as amended July 1, 2012, shall be issued a |
| 69 | verbal warning and given educational literature by a law |
| 70 | enforcement officer. |
| 71 |
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| 72 |
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| 73 |
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| 74 | ----------------------------------------------------- |
| 75 | T I T L E A M E N D M E N T |
| 76 | Remove line 3323 and insert: |
| 77 | vehicles; providing child-restraint requirements for children |
| 78 | ages 4 through 7 years of age who are less than a specified |
| 79 | height; providing certain exceptions; redefining the term "motor |
| 80 | vehicle" to exclude certain vehicles from such requirements; |
| 81 | providing that parents and others are responsible for complying |
| 82 | with child-restraint requirements in certain chauffeur-driven |
| 83 | vehicles; providing a grace period; amending s. 317.0003, F.S., |
| 84 | relating to off-highway |