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Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS/CS/HB 1399, 2nd Eng.

633542

CHAMBER ACTION

Senate

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House



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Senator Posey moved the following amendment to amendment

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(844108):

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     Senate Amendment (with title amendment)

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     Delete lines 1032 through 1047

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and insert:

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     Section 23.  Subsection (3) of section 316.003, Florida

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Statutes, is amended to read:

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     316.003  Definitions.--The following words and phrases, when

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used in this chapter, shall have the meanings respectively

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ascribed to them in this section, except where the context

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otherwise requires:

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     (3)  BUS.--Any motor vehicle designed for carrying more than

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10 passengers and used for the transportation of persons and any

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motor vehicle, other than a taxicab, designed and used for the

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transportation of persons for compensation. For purposes of this

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section, "for compensation" means for money, property, or

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anything of value whether paid, received, or realized, directly

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or indirectly.

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     Section 24.  Effective January 1, 2010, paragraph (a) of

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subsection (1) and paragraphs (b) and (d) of subsection (2) of

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section 316.613, Florida Statutes, are amended to read:

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     316.613  Child restraint requirements.--

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     (1)(a) Each Every operator of a motor vehicle as defined

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herein, while transporting a child in a motor vehicle operated on

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the roadways, streets, or highways of this state, shall, if the

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child is 7 5 years of age or younger, provide for protection of

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the child by properly using a crash-tested, federally approved

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child restraint device that is appropriate for the height and

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weight of the child. Such devices may include a vehicle

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manufacturer's integrated child seat, a separate child safety

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seat, or a child booster seat that displays the child's weight

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and height specifications for the seat on the attached

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manufacturer's label as required by Federal Motor Vehicle Safety

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Standards FMVSS213. The device must comply with standards of the

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United States Department of Transportation and be secured in the

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vehicle in accordance with instructions of the manufacturer. For

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children aged through 3 years, such restraint device must be a

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separate carrier or a vehicle manufacturer's integrated child

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seat. For children aged 4 through 7 5 years, a separate carrier,

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an integrated child seat, or a child booster seat belt may be

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used. The court shall dismiss the charge against a motor vehicle

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operator for a first violation of this paragraph upon proof of

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purchase of a federally approved child restraint device.

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     (2)  As used in this section, the term "motor vehicle" means

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a motor vehicle as defined in s. 316.003 that is operated on the

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roadways, streets, and highways of the state.  The term does not

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include:

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     (b) A bus or a passenger vehicle designed to accommodate 10

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or more persons and used for the transportation of persons for

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compensation, other than a bus regularly used to transport

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children to or from school, as defined in s. 316.615(1)(b), or in

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conjunction with school activities.

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     (d) A truck having a gross vehicle weight rating of more

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than 26,000 of net weight of more than 5,000 pounds.

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     Section 25. Effective July 1, 2009, a driver of a motor

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vehicle who does not violate the then-existing provisions of s.

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316.613(1)(a), Florida Statutes, but whose conduct would violate

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that provision, as amended January 1, 2010, may be issued a

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verbal warning and given educational literature by a law

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enforcement officer.

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     Section 26. Section 24 of this act does not apply to a

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person who is transporting a child aged 4 through 7 if the person

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is:

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     (1) Visiting in this state;

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     (2) Transporting the child gratuitously and in good faith

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in response to a declared emergency situation or an immediate

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emergency involving the child; or

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     (3) Acting generally as a Good Samaritan.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 2867 through 2870

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and insert:

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for commercial vehicles; amending s. 316.003, F.S.;

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defining "for compensation" for specified purposes;

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amending s. 316.613, F.S.; providing child-restraint

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requirements for children ages 4 through 7; redefining the

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term "motor vehicle" so as to exclude certain vehicles

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from such child restraint requirements; providing a grace

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period; providing exceptions to such requirements;

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amending s. 316.614, F.S.; revising the definition of

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"motor vehicle" for purposes of safety belt usage

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requirements; amending s. 316.656, F.S.; lowering the

5/1/2008  5:09:00 PM     24-09479-08

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

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