Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SB 1150
Barcode 764478
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/30/2011 .
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The Committee on Governmental Oversight and Accountability
(Benacquisto) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 573 and 574
4 insert:
5 Section 14. Effective January 1, 2012, subsection (1) and
6 paragraph (b) of subsection (2) of section 316.613, Florida
7 Statutes, are amended to read:
8 316.613 Child restraint requirements.—
9 (1)(a) Each Every operator of a motor vehicle as defined
10 herein, while transporting a child in a motor vehicle operated
11 on the roadways, streets, or highways of this state, shall, if
12 the child is 7 5 years of age or younger and is less than 4 feet
13 9 inches in height, provide for protection of the child by
14 properly using a crash-tested, federally approved child
15 restraint device that is appropriate for the height and weight
16 of the child. The device may include a vehicle manufacturer’s
17 integrated child seat, a separate child safety seat, or a child
18 booster seat that displays the child’s weight and height
19 specifications for the seat on the attached manufacturer’s label
20 as required by Federal Motor Vehicle Safety Standard No. 213.
21 The device must comply with the standards of the United States
22 Department of Transportation and be secured in the motor vehicle
23 in accordance with the manufacturer’s instructions. The court
24 may dismiss the charge against a motor vehicle operator for a
25 first violation of this subsection upon proof that a federally
26 approved child restraint device has been purchased or otherwise
27 obtained.
28 (b) For children aged through 3 years, such restraint
29 device must be a separate carrier or a vehicle manufacturer’s
30 integrated child seat.
31 (c) For children aged 4 through 7 5 years who are less than
32 4 feet 9 inches in height, a separate carrier, an integrated
33 child seat, or a child booster seat belt may be used. However,
34 the requirement to use a child booster seat does not apply when
35 a separate carrier, integrated child seat, or seat belt as
36 required in s. 316.614(4)(a) is used and the person is:
37 1. Transporting the child gratuitously and in good faith in
38 response to a declared emergency situation or an immediate
39 emergency involving the child; or
40 2. Transporting a child whose medical condition
41 necessitates an exception as evidenced by appropriate
42 documentation from a health professional.
43 (d)(b) The Division of Motor Vehicles shall provide notice
44 of the requirement for child restraint devices, which notice
45 shall accompany the delivery of each motor vehicle license tag.
46 (2) As used in this section, the term “motor vehicle” means
47 a motor vehicle as defined in s. 316.003 that is operated on the
48 roadways, streets, and highways of the state. The term does not
49 include:
50 (b) A bus or a passenger vehicle designed to accommodate 10
51 or more persons and used for the transportation of persons for
52 compensation, other than a bus regularly used to transport
53 children to or from school, as defined in s. 316.615(1)(b), or
54 in conjunction with school activities.
55 Section 15. Effective July 1, 2011, a driver of a motor
56 vehicle who does not violate the then-existing provisions of s.
57 316.613(1)(c), Florida Statutes, but whose conduct would violate
58 that provision, as amended January 1, 2012, shall be issued a
59 verbal warning and given educational literature by a law
60 enforcement officer.
61
62 ================= T I T L E A M E N D M E N T ================
63 And the title is amended as follows:
64 Delete line 36
65 and insert:
66 vehicles; amending s. 316.613, F.S.; providing child
67 restraint requirements for children ages 4 through 7
68 years of age who are less than a specified height;
69 providing certain exceptions; redefining the term
70 “motor vehicle” to exclude certain vehicles from such
71 requirements; providing a grace period; amending s.
72 316.646, F.S.; authorizing the