Florida Senate - 2014 PROPOSED COMMITTEE SUBSTITUTE Bill No. CS for SB 518 Ì790730ÄÎ790730 576-02500A-14 Proposed Committee Substitute by the Committee on Appropriations (Appropriations Subcommittee on Transportation, Tourism, and Economic Development) 1 A bill to be entitled 2 An act relating to child safety devices in motor 3 vehicles; amending s. 316.613, F.S.; revising child 4 restraint requirements for children who are younger 5 than a specified age; requiring an operator of a motor 6 vehicle to use a separate carrier, integrated child 7 seat, or child booster seat; providing exceptions; 8 subjecting a violation to penalties; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (a) of subsection (1) and subsection 14 (5) of section 316.613, Florida Statutes, are amended to read: 15 316.613 Child restraint requirements.— 16 (1)(a) Every operator of a motor vehicle as defined in this 17 section, while transporting a child in a motor vehicle operated 18 on the roadways, streets, or highways of this state, shall, if 19 the child is 6
5years of age or younger, provide for protection 20 of the child by properly using a crash-tested, federally 21 approved child restraint device. 22 1. For children aged through 3 years, such restraint device 23 must be a separate carrier or a vehicle manufacturer’s 24 integrated child seat. 25 2. For children aged 4 through 6 5years, a separate 26 carrier, an integrated child seat, or a child booster seat belt27 may be used. However, the requirement to use a child restraint 28 device under this subparagraph does not apply when a safety belt 29 is used as required in s. 316.614(4)(a) and the child: 30 a. Is being transported gratuitously by an operator who is 31 not a member of the child’s immediate family; 32 b. Is being transported in a medical emergency situation 33 involving the child; or 34 c. Has a medical condition which necessitates an exception 35 as evidenced by appropriate documentation from a health 36 professional. 37 (5) A Anyperson who violates this section commits a moving 38 violation, punishable as provided in chapter 318 and shall have39 3 points shall be assessed against his or her driver license as 40 set forth in s. 322.27. In lieu of the penalty specified in s. 41 318.18 and the assessment of points, a person who violates this 42 section may elect, with the court’s approval, to participate in 43 a child restraint safety program approved by the chief judge of 44 the circuit in which the violation occurs, and, upon completing 45 such program, the penalty specified in chapter 318 and 46 associated costs may be waived at the court’s discretion and the 47 assessment of points shall be waived. The child restraint safety 48 program must use a course approved by the Department of Highway 49 Safety and Motor Vehicles, and the fee for the course must bear 50 a reasonable relationship to the cost of providing the course. 51 Section 2. This act shall take effect January 1, 2015.