| 1 | A bill to be entitled |
| 2 | An act relating to child safety devices in motor vehicles; |
| 3 | amending s. 316.613, F.S.; revising child-restraint |
| 4 | requirements; providing child-restraint requirements for |
| 5 | children 4 through 7 years of age who are less than a |
| 6 | certain height; redefining the term "motor vehicle" to |
| 7 | exclude certain vehicles from such requirements; providing |
| 8 | exceptions to such requirements; providing a grace period; |
| 9 | providing effective dates. |
| 10 |
|
| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
|
| 13 | Section 1. Effective January 1, 2011, paragraph (a) of |
| 14 | subsection (1) and paragraph (b) of subsection (2) of section |
| 15 | 316.613, Florida Statutes, are amended, and subsection (6) is |
| 16 | added to that section, to read: |
| 17 | 316.613 Child restraint requirements.-- |
| 18 | (1)(a) Each Every operator of a motor vehicle as defined |
| 19 | herein, while transporting a child in a motor vehicle operated |
| 20 | on the roadways, streets, or highways of this state, shall, if |
| 21 | the child has not attained 8 is 5 years of age and is not at |
| 22 | least 4 feet 9 inches in height or younger, provide for |
| 23 | protection of the child by properly using a crash-tested, |
| 24 | federally approved child restraint device that is appropriate |
| 25 | for the height and weight of the child. Such devices may include |
| 26 | a vehicle manufacturer's integrated child seat, a separate child |
| 27 | safety seat, or a child booster seat that displays the child's |
| 28 | weight and height specifications for the seat on the attached |
| 29 | manufacturer's label as required by Federal Motor Vehicle Safety |
| 30 | Standards FMVSS 213. The device must comply with the standards |
| 31 | of the United States Department of Transportation and be secured |
| 32 | in the vehicle in accordance with instructions of the |
| 33 | manufacturer. For children who have not attained 4 aged through |
| 34 | 3 years of age, such restraint device must be a separate carrier |
| 35 | or a vehicle manufacturer's integrated child seat. For children |
| 36 | aged 4 through 7 5 years of age, a separate carrier, an |
| 37 | integrated child seat, or a child booster seat belt may be used. |
| 38 | A child restraint device is not required under this paragraph |
| 39 | for a child 4 through 7 years of age whose height is at least 4 |
| 40 | feet 9 inches. The court may dismiss the charge against a motor |
| 41 | vehicle operator for a first violation of this paragraph upon |
| 42 | proof of purchase of a federally approved child restraint |
| 43 | device. |
| 44 | (2) As used in this section, the term "motor vehicle" |
| 45 | means a motor vehicle as defined in s. 316.003 that is operated |
| 46 | on the roadways, streets, and highways of the state. The term |
| 47 | does not include: |
| 48 | (b) A bus or a passenger vehicle designed to accommodate |
| 49 | 10 or more persons and used for the transportation of persons |
| 50 | for compensation, other than a bus regularly used to transport |
| 51 | children to or from school, as defined in s. 316.615(1)(b), or |
| 52 | in conjunction with school activities. |
| 53 | (6) This section does not apply to a person who is |
| 54 | transporting a child 4 through 7 years of age if the person is: |
| 55 | (a) Transporting the child gratuitously and in good faith |
| 56 | in response to a declared emergency situation or an immediate |
| 57 | emergency involving the child; |
| 58 | (b) Transporting a child with a medically necessary |
| 59 | exception with appropriate documentation from a health |
| 60 | professional; or |
| 61 | (c) Acting generally as a Good Samaritan. |
| 62 | Section 2. Effective July 1, 2010, a driver of a motor |
| 63 | vehicle who does not violate the then-existing provisions of s. |
| 64 | 316.613(1)(a), Florida Statutes, but whose conduct would violate |
| 65 | those provisions as amended January 1, 2011, may be issued a |
| 66 | verbal warning and given educational literature by a law |
| 67 | enforcement officer. |
| 68 | Section 3. Except as otherwise expressly provided in this |
| 69 | act, this act shall take effect upon becoming a law. |