Senate Bill sb1288

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    Florida Senate - 2001                                  SB 1288

    By Senator Carlton





    24-928-01

  1                      A bill to be entitled

  2         An act relating to motor vehicle safety belts;

  3         amending s. 316.614, F.S.; eliminating

  4         provisions relating to compatability with

  5         federal law; requiring certain persons to wear

  6         safety belts in a moving vehicle; eliminating

  7         provisions that require safety-belt laws to be

  8         enforced only as a secondary violation

  9         following detention of the driver for another

10         violation; prohibiting searches of vehicles or

11         occupants solely because of a safety-belt

12         violation; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 316.614, Florida Statutes, is

17  amended to read:

18         316.614  Safety belt usage.--

19         (1)  This section may be cited as the "Florida Safety

20  Belt Law."

21         (2)  It is the policy of this state that enactment of

22  this section is intended to be compatible with the continued

23  support by the state for federal safety standards requiring

24  automatic crash protection, and the enactment of this section

25  should not be used in any manner to rescind or delay the

26  implementation of the federal automatic crash protection

27  system requirements of Federal Motor Safety Standard 208 as

28  set forth in S4.1.2.1 thereof, as entered on July 17, 1984,

29  for new cars.

30         (2)(3)  As used in this section, the term:

31  

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    Florida Senate - 2001                                  SB 1288
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  1         (a)  "Motor vehicle" means a motor vehicle as defined

  2  in s. 316.003 that is operated on the roadways, streets, and

  3  highways of this state. The term does not include:

  4         1.  A school bus.

  5         2.  A bus used for the transportation of persons for

  6  compensation.

  7         3.  A farm tractor or implement of husbandry.

  8         4.  A truck of a net weight of more than 5,000 pounds.

  9         5.  A motorcycle, moped, or bicycle.

10         (b)  "Safety belt" means a seat belt assembly that

11  meets the requirements established under Federal Motor Vehicle

12  Safety Standard No. 208, 49 C.F.R. s. 571.208.

13         (c)  "Restrained by a safety belt" means being

14  restricted by an appropriately adjusted safety belt which is

15  properly fastened at all times when a motor vehicle is in

16  motion.

17         (3)(4)  It is unlawful for any person:

18         (a)  To operate a motor vehicle in this state unless

19  each passenger of the vehicle under the age of 18 years is

20  restrained by a safety belt or by a child restraint device

21  pursuant to s. 316.613, if applicable; or

22         (b)  To operate a motor vehicle in this state unless

23  the person is restrained by a safety belt.

24         (4)(5)  It is unlawful for any person 18 years of age

25  or older to be a passenger in the front seat of a motor

26  vehicle unless such person is restrained by a safety belt when

27  the vehicle is in motion.

28         (5)(6)  The following are exempt from the safety-belt

29  requirements of this section:

30  

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    Florida Senate - 2001                                  SB 1288
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  1         (a)  Neither A person who is certified by a physician

  2  as having a medical condition that causes the use of a safety

  3  belt to be inappropriate or dangerous. nor

  4         (b)  An employee of a newspaper home delivery service

  5  while in the course of his or her employment delivering

  6  newspapers on home delivery routes is required to be

  7  restrained by a safety belt.

  8         (c)(b)  The number of front seat passengers of a

  9  vehicle in excess of pickup truck required to wear a safety

10  belt pursuant to this section shall not exceed the number of

11  safety belts which were installed in the front seat of such

12  pickup truck by the manufacturer.

13         (d)(c)  An employee of a solid waste or recyclable

14  collection service is not required to be restrained by a

15  safety belt while in the course of employment collecting solid

16  waste or recyclables on designated routes.

17         (e)(d)  The requirements of this section shall not

18  apply to the living quarters of a recreational vehicle or a

19  space within a truck body primarily intended for merchandise

20  or property.

21         (6)(7)  It is the intent of the Legislature that all

22  state, county, and local law enforcement agencies, safety

23  councils, and public school systems, in recognition of the

24  fatalities and injuries attributed to unrestrained occupancy

25  of motor vehicles, shall conduct a continuing safety and

26  public awareness campaign as to the magnitude of the problem

27  and adopt programs designed to encourage compliance with the

28  safety belt usage requirements of this section.

29         (7)(8)  Any person who violates the provisions of this

30  section commits a nonmoving violation, punishable as provided

31  in chapter 318. However, except for violations of s. 316.613,

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    Florida Senate - 2001                                  SB 1288
    24-928-01




  1  enforcement of this section by state or local law enforcement

  2  agencies must be accomplished only as a secondary action when

  3  a driver of a motor vehicle has been detained for a suspected

  4  violation of another section of this chapter, chapter 320, or

  5  chapter 322.

  6         (8)  A law enforcement officer may not search a motor

  7  vehicle or its occupants solely because of a violation of this

  8  section.

  9         (9)  A violation of the provisions of this section

10  shall not constitute negligence per se, nor shall such

11  violation be used as prima facie evidence of negligence or be

12  considered in mitigation of damages, but such violation may be

13  considered as evidence of comparative negligence, in any civil

14  action.

15         Section 2.  This act shall take effect July 1, 2001.

16  

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18                          SENATE SUMMARY

19    Revises provisions relating to motor vehicle safety-belt
      usage. Eliminates certain compatability provisions;
20    requires all occupants to wear safety belts with certain
      exceptions; eliminates requirements that the law be
21    enforced only as a secondary violation following
      detention for another violation; and prohibits vehicle or
22    occupant searches solely because of safety-belt
      violations. (See bill for details.)
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