HB 179

1
A bill to be entitled
2An act relating to child safety devices in motor vehicles;
3amending s. 316.613, F.S.; revising child-restraint
4requirements; providing child-restraint requirements for
5children 4 through 7 years of age who are less than a
6certain height; redefining the term "motor vehicle" to
7exclude certain vehicles from such requirements; providing
8exceptions to such requirements; providing a grace period;
9providing effective dates.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Effective January 1, 2011, paragraph (a) of
14subsection (1) and paragraph (b) of subsection (2) of section
15316.613, Florida Statutes, are amended, and subsection (6) is
16added to that section, to read:
17     316.613  Child restraint requirements.--
18     (1)(a)  Each Every operator of a motor vehicle as defined
19herein, while transporting a child in a motor vehicle operated
20on the roadways, streets, or highways of this state, shall, if
21the child has not attained 8 is 5 years of age and is not at
22least 4 feet 9 inches in height or younger, provide for
23protection of the child by properly using a crash-tested,
24federally approved child restraint device that is appropriate
25for the height and weight of the child. Such devices may include
26a vehicle manufacturer's integrated child seat, a separate child
27safety seat, or a child booster seat that displays the child's
28weight and height specifications for the seat on the attached
29manufacturer's label as required by Federal Motor Vehicle Safety
30Standards FMVSS 213. The device must comply with the standards
31of the United States Department of Transportation and be secured
32in the vehicle in accordance with instructions of the
33manufacturer. For children who have not attained 4 aged through
343 years of age, such restraint device must be a separate carrier
35or a vehicle manufacturer's integrated child seat. For children
36aged 4 through 7 5 years of age, a separate carrier, an
37integrated child seat, or a child booster seat belt may be used.
38A child restraint device is not required under this paragraph
39for a child 4 through 7 years of age whose height is at least 4
40feet 9 inches. The court may dismiss the charge against a motor
41vehicle operator for a first violation of this paragraph upon
42proof of purchase of a federally approved child restraint
43device.
44     (2)  As used in this section, the term "motor vehicle"
45means a motor vehicle as defined in s. 316.003 that is operated
46on the roadways, streets, and highways of the state. The term
47does not include:
48     (b)  A bus or a passenger vehicle designed to accommodate
4910 or more persons and used for the transportation of persons
50for compensation, other than a bus regularly used to transport
51children to or from school, as defined in s. 316.615(1)(b), or
52in conjunction with school activities.
53     (6)  This section does not apply to a person who is
54transporting a child 4 through 7 years of age if the person is:
55     (a)  Transporting the child gratuitously and in good faith
56in response to a declared emergency situation or an immediate
57emergency involving the child;
58     (b)  Transporting a child with a medically necessary
59exception with appropriate documentation from a health
60professional; or
61     (c)  Acting generally as a Good Samaritan.
62     Section 2.  Effective July 1, 2010, a driver of a motor
63vehicle who does not violate the then-existing provisions of s.
64316.613(1)(a), Florida Statutes, but whose conduct would violate
65those provisions as amended January 1, 2011, may be issued a
66verbal warning and given educational literature by a law
67enforcement officer.
68     Section 3.  Except as otherwise expressly provided in this
69act, this act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.