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