Bill Text: FL H0011 | 2011 | Regular Session | Introduced

Bill Title: Child-restraint Requirements

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0011 Detail]

Download: Florida-2011-H0011-Introduced.html
HB 11

A bill to be entitled
2An act relating to child-restraint requirements; amending
3s. 316.613, F.S.; providing child-restraint requirements
4for certain children ages 4 through 7; providing certain
5exceptions; redefining the term "motor vehicle" to exclude
6certain vehicles from such requirements; providing a grace
7period; providing effective dates.
9Be It Enacted by the Legislature of the State of Florida:
11     Section 1.  Effective January 1, 2012, subsection (1) and
12paragraph (b) of subsection (2) of section 316.613, Florida
13Statutes, are amended to read:
14     316.613  Child restraint requirements.-
15     (1)(a)  Each Every operator of a motor vehicle as defined
16herein, while transporting a child in a motor vehicle operated
17on the roadways, streets, or highways of this state, shall, if
18the child is 7 5 years of age or younger and is less than 4 feet
199 inches in height, provide for protection of the child by
20properly using a crash-tested, federally approved child
21restraint device that is appropriate for the height and weight
22of the child. The device may include a vehicle manufacturer's
23integrated child seat, a separate child safety seat, or a child
24booster seat that displays the child's weight and height
25specifications for the seat on the attached manufacturer's label
26as required by Federal Motor Vehicle Safety Standard No. 213.
27The device must comply with the standards of the United States
28Department of Transportation and be secured in the motor vehicle
29in accordance with the manufacturer's instructions. The court
30may dismiss the charge against a motor vehicle operator for a
31first violation of this subsection upon proof that a federally
32approved child restraint device has been purchased or otherwise
34     (b)  For children aged through 3 years, such restraint
35device must be a separate carrier or a vehicle manufacturer's
36integrated child seat.
37     (c)  For children aged 4 through 7 5 years who are less
38than 4 feet 9 inches in height, a separate carrier, an
39integrated child seat, or a child booster seat belt may be used.
40However, the requirement to use a child booster seat does not
41apply when a separate carrier, integrated child seat, or seat
42belt as required in s. 316.614(4)(a) is used and the person is:
43     1.  Transporting the child gratuitously and in good faith
44in response to a declared emergency situation or an immediate
45emergency involving the child; or
46     2.  Transporting a child whose medical condition
47necessitates an exception as evidenced by appropriate
48documentation from a health professional.
49     (d)(b)  The Division of Motor Vehicles shall provide notice
50of the requirement for child restraint devices, which notice
51shall accompany the delivery of each motor vehicle license tag.
52     (2)  As used in this section, the term "motor vehicle"
53means a motor vehicle as defined in s. 316.003 that is operated
54on the roadways, streets, and highways of the state. The term
55does not include:
56     (b)  A bus or a passenger vehicle designed to accommodate
5710 or more persons and used for the transportation of persons
58for compensation, other than a bus regularly used to transport
59children to or from school, as defined in s. 316.615(1)(b), or
60in conjunction with school activities.
61     Section 2.  Effective July 1, 2011, a driver of a motor
62vehicle who does not violate the then-existing provisions of s.
63316.613(1)(c), Florida Statutes, but whose conduct would violate
64that provision as amended January 1, 2012, shall be issued a
65verbal warning and given educational literature by a law
66enforcement officer.
67     Section 3.  Except as otherwise expressly provided in this
68act, this act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.