Bill Text: FL S0196 | 2012 | Regular Session | Introduced
Bill Title: Child Safety Devices in Motor Vehicles [Track Bill]
Status: 2012-03-09 - Died in Budget [S0196 Detail]
Florida Senate - 2012 SB 196 By Senator Altman 24-00001-12 2012196__ 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 age 7 years or 5 younger who are less than a specified height; 6 providing exceptions; redefining the term “motor 7 vehicle” to exclude certain vehicles from such 8 requirements; providing a grace period; requiring that 9 a law enforcement officer issue a warning and give 10 educational literature to an operator of a motor 11 vehicle during the grace period, under certain 12 circumstances; providing effective dates. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Effective January 1, 2013, subsection (1) and 17 paragraph (b) of subsection (2) of section 316.613, Florida 18 Statutes, are amended to read: 19 316.613 Child restraint requirements.— 20 (1)(a) Each
Everyoperator of a motor vehicle as defined21 herein, while transporting a child in a motor vehicle operated 22 on the roadways, streets, or highways of this state, shall, if 23 the child is 7 5years of age or younger and less than 4 feet 9 24 inches in height, provide for protection of the child by 25 properly using a crash-tested, federally approved child 26 restraint device that is appropriate for the height and weight 27 of the child. The device may include a separate carrier, a 28 vehicle manufacturer’s integrated child seat, or a child booster 29 seat that displays the child’s height and weight specifications 30 for the seat on the attached manufacturer’s label as required by 31 Federal Motor Vehicle Safety Standard No. 213. The device must 32 comply with the standards of the United States Department of 33 Transportation and be secured in the motor vehicle in accordance 34 with the manufacturer’s instructions. The court may dismiss the 35 charge against a motor vehicle operator for a first violation of 36 this subsection upon proof that a federally approved child 37 restraint device has been purchased or otherwise obtained. 38 1. For children aged through 3 years, such restraint device 39 must be a separate carrier or a vehicle manufacturer’s 40 integrated child seat. 41 2. For children aged 4 through 7 5years who are less than 42 4 feet 9 inches in height, a separate carrier, an integrated 43 child seat, or a child booster seat beltmay be used. However, 44 the requirement to use a child restraint device does not apply 45 when a safety belt as required in s. 316.614(4)(a) is used and 46 the person is: 47 a. Transporting the child gratuitously and in good faith in 48 response to a declared emergency situation or an immediate 49 emergency involving the child; or 50 b. Transporting a child whose medical condition 51 necessitates an exception as indicated by appropriate 52 documentation from a health professional. 53 (b) The department shall provide notice of the requirement 54 for child restraint devices, which notice shall accompany the 55 delivery of each motor vehicle license tag. 56 (2) As used in this section, the term “motor vehicle” means 57 a motor vehicle as defined in s. 316.003 that is operated on the 58 roadways, streets, and highways of the state. The term does not 59 include: 60 (b) A bus or a passenger vehicle designed to accommodate 10 61 or more persons and used for the transportation of persons for 62 compensation, other than a bus regularly used to transport 63 children to or from school, as defined in s. 316.615(1)(b), or 64 in conjunction with school activities. 65 Section 2. Effective July 1, 2012, an operator of a motor 66 vehicle who does not violate the then-existing provisions of s. 67 316.613(1)(a), Florida Statutes, but whose conduct would violate 68 that paragraph as amended January 1, 2013, shall be issued a 69 verbal warning and given educational literature by a law 70 enforcement officer. 71 Section 3. Except as otherwise expressly provided in this 72 act, this act shall take effect July 1, 2012.