Florida Senate - 2009                              CS for SB 344
       
       
       
       By the Committee on Transportation; and Senators Rich, Oelrich,
       Jones, Hill, Altman, Lynn, Storms, Bullard, Deutch, Gaetz, and
       Lawson
       
       
       596-02658-09                                           2009344c1
    1                        A bill to be entitled                      
    2         An act relating to safety belt law enforcement;
    3         creating the Dori Slosberg and Katie Marchetti Safety
    4         Belt Law; amending s. 316.614, F.S.; deleting a
    5         provision exempting passengers in a pickup truck from
    6         the requirement to use a safety belt; providing an
    7         exemption for certain vehicles from provisions of
    8         state law relating to the use of safety belts;
    9         deleting a requirement for enforcement of the Florida
   10         Safety Belt Law as a secondary action; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. This act may be cited as the “Dori Slosberg and
   16  Katie Marchetti Safety Belt Law.”
   17         Section 2. Subsections (6) and (8) of section 316.614,
   18  Florida Statutes, are amended to read:
   19         316.614 Safety belt usage.—
   20         (6)(a) Neither a person who is certified by a physician as
   21  having a medical condition that causes the use of a safety belt
   22  to be inappropriate or dangerous nor an employee of a newspaper
   23  home delivery service while in the course of his or her
   24  employment delivering newspapers on home delivery routes is
   25  required to be restrained by a safety belt.
   26         (b) The number of front seat passengers of a pickup truck
   27  required to wear a safety belt pursuant to this section shall
   28  not exceed the number of safety belts which were installed in
   29  the front seat of such pickup truck by the manufacturer.
   30         (b)(c) An employee of a solid waste or recyclable
   31  collection service is not required to be restrained by a safety
   32  belt while in the course of employment collecting solid waste or
   33  recyclables on designated routes.
   34         (c)(d) The requirements of this section do shall not apply
   35  to the living quarters of a recreational vehicle or a space
   36  within a truck body primarily intended for merchandise or
   37  property.
   38         (d) The requirements of this section do not apply to motor
   39  vehicles that are not required to be equipped with safety belts
   40  under federal law.
   41         (8) Any person who violates the provisions of this section
   42  commits a nonmoving violation, punishable as provided in chapter
   43  318. However, except for violations of s. 316.613 and paragraph
   44  (4)(a), enforcement of this section by state or local law
   45  enforcement agencies must be accomplished only as a secondary
   46  action when a driver of a motor vehicle has been detained for a
   47  suspected violation of another section of this chapter, chapter
   48  320, or chapter 322.
   49         Section 3. This act shall take effect June 30, 2009.