Bill Text: FL S0238 | 2011 | Regular Session | Introduced
Bill Title: Child Safety Devices in Motor Vehicles
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0238 Detail]
Download: Florida-2011-S0238-Introduced.html
Florida Senate - 2011 SB 238 By Senator Altman 24-00185-11 2011238__ 1 A bill to be entitled 2 An act relating to child safety devices in motor 3 vehicles; amending s. 316.613, F.S.; providing child 4 restraint requirements for children ages 4 through 7 5 years of age who are less than a specified height; 6 providing certain exceptions; redefining the term 7 “motor vehicle” to exclude certain vehicles from such 8 requirements; providing a grace period; providing 9 effective dates. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Effective January 1, 2012, subsection (1) and 14 paragraph (b) of subsection (2) of section 316.613, Florida 15 Statutes, are amended to read: 16 316.613 Child restraint requirements.— 17 (1)(a) EachEveryoperator of a motor vehicleas defined18herein, while transporting a child in a motor vehicle operated 19 on the roadways, streets, or highways of this state, shall, if 20 the child is 75years of age or younger and is less than 4 feet 21 9 inches in height, provide for protection of the child by 22 properly using a crash-tested, federally approved child 23 restraint device that is appropriate for the height and weight 24 of the child. The device may include a vehicle manufacturer’s 25 integrated child seat, a separate child safety seat, or a child 26 booster seat that displays the child’s weight and height 27 specifications for the seat on the attached manufacturer’s label 28 as required by Federal Motor Vehicle Safety Standard No. 213. 29 The device must comply with the standards of the United States 30 Department of Transportation and be secured in the motor vehicle 31 in accordance with the manufacturer’s instructions. The court 32 may dismiss the charge against a motor vehicle operator for a 33 first violation of this subsection upon proof that a federally 34 approved child restraint device has been purchased or otherwise 35 obtained. 36 (b) For children aged through 3 years, such restraint 37 device must be a separate carrier or a vehicle manufacturer’s 38 integrated child seat. 39 (c) For children aged 4 through 75years who are less than 40 4 feet 9 inches in height, a separate carrier, an integrated 41 child seat, or a child booster seatbeltmay be used. However, 42 the requirement to use a child booster seat does not apply when 43 a separate carrier, integrated child seat, or seat belt as 44 required in s. 316.614(4)(a) is used and the person is: 45 1. Transporting the child gratuitously and in good faith in 46 response to a declared emergency situation or an immediate 47 emergency involving the child; or 48 2. Transporting a child whose medical condition 49 necessitates an exception as evidenced by appropriate 50 documentation from a health professional. 51 (d)(b)The Division of Motor Vehicles shall provide notice 52 of the requirement for child restraint devices, which notice 53 shall accompany the delivery of each motor vehicle license tag. 54 (2) As used in this section, the term “motor vehicle” means 55 a motor vehicle as defined in s. 316.003 that is operated on the 56 roadways, streets, and highways of the state. The term does not 57 include: 58 (b) A bus or a passenger vehicle designed to accommodate 10 59 or more persons and used for the transportation of persons for 60 compensation, other than a bus regularly used to transport 61 children to or from school, as defined in s. 316.615(1)(b), or 62 in conjunction with school activities. 63 Section 2. Effective July 1, 2011, a driver of a motor 64 vehicle who does not violate the then-existing provisions of s. 65 316.613(1)(c), Florida Statutes, but whose conduct would violate 66 that provision, as amended January 1, 2012, shall be issued a 67 verbal warning and given educational literature by a law 68 enforcement officer. 69 Section 3. Except as otherwise expressly provided in this 70 act, this act shall take effect July 1, 2011.