| 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 children 4 through 7 years of age; redefining the term |
| 5 | "motor vehicle" to exclude certain vehicles from such |
| 6 | requirements; providing exceptions; 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, paragraph (a) of |
| 12 | subsection (1) and paragraph (b) of subsection (2) of section |
| 13 | 316.613, Florida Statutes, are amended, and subsection (6) is |
| 14 | added to that section, to read: |
| 15 | 316.613 Child restraint requirements.-- |
| 16 | (1)(a) Each Every operator of a motor vehicle as defined |
| 17 | herein, while transporting a child in a motor vehicle operated |
| 18 | on the roadways, streets, or highways of this state, shall, if |
| 19 | the child has not attained 8 is 5 years of age or younger, |
| 20 | provide for protection of the child by properly using a crash- |
| 21 | tested, federally approved child restraint device that is |
| 22 | appropriate for the height and weight of the child. The device |
| 23 | may include a vehicle manufacturer's integrated child seat, a |
| 24 | separate child safety seat, or a child booster seat that |
| 25 | displays the child's weight and height specifications for the |
| 26 | seat on the attached manufacturer's label as required by Federal |
| 27 | Motor Vehicle Safety Standards FMVSS213. The device must comply |
| 28 | with the standards of the United States Department of |
| 29 | Transportation and be secured in the motor vehicle in accordance |
| 30 | with the manufacturer's instructions. For children who have not |
| 31 | attained 4 aged through 3 years of age, such restraint device |
| 32 | must be a separate carrier or a vehicle manufacturer's |
| 33 | integrated child seat. For children aged 4 through 7 5 years of |
| 34 | age, a separate carrier, an integrated child seat, or a child |
| 35 | booster seat belt may be used. The court may dismiss the charge |
| 36 | against a motor vehicle operator for a first violation of this |
| 37 | paragraph upon proof of purchase of a federally approved child |
| 38 | restraint device. |
| 39 | (2) As used in this section, the term "motor vehicle" |
| 40 | means a motor vehicle as defined in s. 316.003 that is operated |
| 41 | on the roadways, streets, and highways of the state. The term |
| 42 | does not include: |
| 43 | (b) A bus or a passenger vehicle designed to accommodate |
| 44 | 10 or more persons and used for the transportation of persons |
| 45 | for compensation, other than a bus regularly used to transport |
| 46 | children to or from school, as defined in s. 316.615(1)(b), or |
| 47 | in conjunction with school activities. |
| 48 | (6) This section does not apply to a person who is |
| 49 | transporting a child 4 through 7 years of age if the person is: |
| 50 | (a) Visiting in this state and driving with a valid out- |
| 51 | of-state driver's license; |
| 52 | (b) Transporting the child gratuitously and in good faith |
| 53 | in response to a declared emergency situation or an immediate |
| 54 | emergency involving the child; or |
| 55 | (c) Transporting a child whose medical condition |
| 56 | necessitates an exception as evidenced by appropriate |
| 57 | documentation from a health professional. |
| 58 | Section 2. Effective July 1, 2011, a driver of a motor |
| 59 | vehicle who does not violate the then-existing provisions of s. |
| 60 | 316.613(1)(a), Florida Statutes, but whose conduct would violate |
| 61 | that provision, as amended January 1, 2012, may be issued a |
| 62 | verbal warning and given educational literature by a law |
| 63 | enforcement officer. |
| 64 | Section 3. Except as otherwise expressly provided in this |
| 65 | act, this act shall take effect July 1, 2010. |