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Senator Posey moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete lines 1331-1346

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and insert:

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     Section 23.  Effective January 1, 2010, paragraph (a) of

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subsection (1) and paragraphs (b) and (d) of subsection (2) of

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section 316.613, Florida Statutes, are amended to read:

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     316.613  Child restraint requirements.--

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     (1)(a) Each Every operator of a motor vehicle as defined

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herein, while transporting a child in a motor vehicle operated on

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the roadways, streets, or highways of this state, shall, if the

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child is 7 5 years of age or younger, provide for protection of

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the child by properly using a crash-tested, federally approved

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child restraint device that is appropriate for the height and

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weight of the child. Such devices may include a vehicle

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manufacturer's integrated child seat, a separate child safety

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seat, or a child booster seat that displays the child's weight

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and height specifications for the seat on the attached

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manufacturer's label as required by Federal Motor Vehicle Safety

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Standards FMVSS213. The device must comply with standards of the

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United States Department of Transportation and be secured in the

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vehicle in accordance with instructions of the manufacturer. For

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children aged through 3 years, such restraint device must be a

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separate carrier or a vehicle manufacturer's integrated child

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seat. For children aged 4 through 7 5 years, a separate carrier,

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an integrated child seat, or a child booster seat belt may be

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used. The court shall dismiss the charge against a motor vehicle

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operator for a first violation of this paragraph upon proof of

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purchase of a federally approved child restraint device.

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     (2)  As used in this section, the term "motor vehicle" means

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a motor vehicle as defined in s. 316.003 that is operated on the

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roadways, streets, and highways of the state.  The term does not

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include:

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     (b) A bus or a passenger vehicle designed to accommodate 10

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or more persons and used for the transportation of persons for

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compensation, other than a bus regularly used to transport

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children to or from school, as defined in s. 316.615(1)(b), or in

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conjunction with school activities.

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     (d) A truck having a gross vehicle weight rating of more

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than 26,000 of net weight of more than 5,000 pounds.

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     Section 24. Effective July 1, 2009, a driver of a motor

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vehicle who does not violate the then-existing provisions of s.

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316.613(1)(a), Florida Statutes, but whose conduct would violate

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that provision, as amended January 1, 2010, may be issued a

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verbal warning and given educational literature by a law

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enforcement officer.

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     Section 25. Section 23 of this act does not apply to a

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person who is transporting a child aged 4 through 7 if the person

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is:

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     (1) Visiting in this state;

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     (2) Transporting the child gratuitously and in good faith

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in response to a declared emergency situation or an immediate

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emergency involving the child; or

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     (3) Acting generally as a Good Samaritan.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line 120

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and insert:

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for commercial vehicles; amending s. 316.613, F.S.;

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providing child-restraint requirements for children ages 4

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through 7; redefining the term "motor vehicle" so as to

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exclude certain vehicles from such child restraint

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requirements; providing a grace period; providing

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exceptions to such requirements; amending s. 316.614,

5/1/2008  10:55:00 AM     24-09426-08