New Florida Car Seat Law takes affect 1/1/2015

[AgentC]

For those who may be driving their own car or renting a car while in Florida, the state has finally enacted a car seat for 4 and 5 year old children. Previously the law only covered children up to 3. I am quoting the whole law below so I will not make any mistake. Florida was one of only a few states that did not already have a law in place for children of this age. The reports I am seeing say it will be a $60 fine.

316.613 Child restraint requirements.—
(1)(a) Every operator of a motor vehicle as defined in this section, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device.
1. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat.
2. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a child booster seat may be used. However, the requirement to use a child restraint device under this subparagraph does not apply when a safety belt is used as required in s. 316.614(4)(a) and the child:
a. Is being transported gratuitously by an operator who is not a member of the child’s immediate family;
b. Is being transported in a medical emergency situation involving the child; or
c. Has a medical condition that necessitates an exception as evidenced by appropriate documentation from a health care professional.
(b) The department shall provide notice of the requirement for child restraint devices, which notice shall accompany the delivery of each motor vehicle license tag.
(2) As used in this section, the term “motor vehicle” means a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of the state. The term does not include:
(a) A school bus as defined in s. 316.003(45).
(b) A bus used for the transportation of persons for compensation, other than a bus regularly used to transport children to or from school, as defined in s. 316.615(1)(b), or in conjunction with school activities.
(c) A farm tractor or implement of husbandry.
(d) A truck having a gross vehicle weight rating of more than 26,000 pounds.
(e) A motorcycle, moped, or bicycle.
(3) The failure to provide and use a child passenger restraint shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence.
(4) It is the legislative intent that all state, county, and local law enforcement agencies, and safety councils, in recognition of the problems with child death and injury from unrestrained occupancy in motor vehicles, conduct a continuing safety and public awareness campaign as to the magnitude of the problem.
(5) Any person who violates this section commits a moving violation, punishable as provided in chapter 318 and shall have 3 points assessed against his or her driver license as set forth in s. 322.27. In lieu of the penalty specified in s. 318.18 and the assessment of points, a person who violates this section may elect, with the court’s approval, to participate in a child restraint safety program approved by the chief judge of the circuit in which the violation occurs, and, upon completing such program, the penalty specified in chapter 318 and associated costs may be waived at the court’s discretion and the assessment of points shall be waived. The child restraint safety program must use a course approved by the Department of Highway Safety and Motor Vehicles, and the fee for the course must bear a reasonable relationship to the cost of providing the course.
(6) The child restraint requirements imposed by this section do not apply to a chauffeur-driven taxi, limousine, sedan, van, bus, motor coach, or other passenger vehicle if the operator and the motor vehicle are hired and used for the transportation of persons for compensation. It is the obligation and responsibility of the parent, guardian, or other person responsible for a child’s welfare as defined in s. 39.01 to comply with the requirements of this section.
History.—s. 1, ch. 82-58; s. 1, ch. 86-49; s. 2, ch. 87-200; s. 2, ch. 91-136; s. 28, ch. 94-306; s. 903, ch. 95-148; s. 35, ch. 96-350; s. 56, ch. 99-8; s. 240, ch. 99-248; s. 1, ch. 99-316; s. 18, ch. 2000-313; s. 40, ch. 2005-164; s. 9, ch. 2008-176; s. 14, ch. 2011-66; s. 13, ch. 2012-181; s. 53, ch. 2014-224; s. 1, ch. 2014-226.

[faline]

Thank you. I'm sure many will find this information helpful.

[KylesMom]

I could never figure out why Florida had such lax child safety seat laws when DS was smaller. As a toddler we brought his car seat with us on the plane (or car if we drove). Illinois is over the top and wants your child in a booster seat until they reach 100 pounds, but Florida was the exact opposite. Strange for such a family-oriented vacation destination.

This new law makes sense.

[buzznwoodysmom]

I could never figure out why Florida had such lax child safety seat laws when DS was smaller. As a toddler we brought his car seat with us on the plane (or car if we drove). Illinois is over the top and wants your child in a booster seat until they reach 100 pounds, but Florida was the exact opposite. Strange for such a family-oriented vacation destination.

This new law makes sense.

Wow! Booster seat until over 100 pounds! My 12 (almost 13) year old would still need to be in a booster seat! He only weighs 76 right now. And even my almost 15 year old is just over the weight restriction at 111. Talk about over the top!

[Scar]

Wow! Booster seat until over 100 pounds!

There is probably an age limit. New Jersey is 80# or 8 y/o, whatever comes first.

[KylesMom]

Yes Jeff I think it was 8. By that time he was hitting the ceiling in a booster LOL!

[BrerGnat]

I wish all the states would adopt the "booster seat until 57" tall" recommendation. Weight doesn't matter. Height matters in terms of lap/shoulder belts fitting kids properly. When your kid is 4'9", the seat belt will fit properly. It's what the car manufacturers recommend as well as the NHTSB. Why states ignore this and choose arbitrary age or weight cutoffs makes no sense.

My 10 and 8 year olds are still in boosters. My 10 year old is only 53", my 8 year old 52". Looks like we have a couple years to go still. I don't give a hoot how old they are. My son will likely still be in a booster until he is 12. It's the price he has to pay for being short.

[mickeyman42]

Here in NL a booster seat must be used for all children age eight and under, who weigh between 40 and 80 pounds and who are less than four feet nine inches, but again, they still have to fit the regular seat belt before they can be taken out of the booster seat, this has been in place since 2007.

[JerseyDad]

Wow! Booster seat until over 100 pounds! My 12 (almost 13) year old would still need to be in a booster seat! He only weighs 76 right now. And even my almost 15 year old is just over the weight restriction at 111. Talk about over the top!

....over the top is an understatement. It's just another move in the ever widening path to the 'Nanny State' mentality.

....let's just bubble wrap kids till their weights hit 150 ...or they turn 18 yrs old ...whichever comes first.