THE BILL ITSELF
SB 1384
Child Restraint Requirements
Florida Senate - 2026 SB 1384 By Senator Rodriguez 40-00958B-26 20261384__
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A bill to be entitled
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An act relating to child restraint requirements;
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amending s. 316.2085, F.S.; prohibiting a person
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operating a motorcycle or moped from carrying a child
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under a certain age, or allowing a child under a
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certain age to ride on the motorcycle or moped, unless
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certain requirements are met; providing applicability;
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providing penalties; reenacting and amending s.
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316.613, F.S.; revising the ages through which
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children must be restrained in a certain manner while
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being transported in a motor vehicle; requiring that
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certain restraint devices be used for children of
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specified ages; providing exceptions; providing
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penalties; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsection (7) of section 316.2085,
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Florida Statutes, is redesignated as subsection (8), and a new
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subsection (7) is added to that section, to read:
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316.2085 Riding on motorcycles or mopeds.—
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(7) A person operating a motorcycle or moped may not carry
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a child under 8 years of age, or allow a child under 8 years of
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age to ride on the motorcycle or moped, unless the child is
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properly seated in a sidecar attached to the motorcycle or moped
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and restrained in accordance with applicable passenger safety
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laws and regulations. This subsection does not apply to a person
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operating a motorcycle while participating in a parade.
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Section 2. Subsection (1) of section 316.613, Florida
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Statutes, is amended, and subsection (5) of that section is
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reenacted, to read:
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316.613 Child restraint requirements.—
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(1)(a) Every operator of a motor vehicle as defined in this
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section, while transporting a child in a motor vehicle operated
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on the roadways, streets, or highways of this state, shall, if
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the child is 8 5 years of age or younger, provide for protection
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of the child by properly using a crash-tested, federally
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approved child restraint device.
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1. For children aged through 2 3 years, such restraint
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device must be rear-facing and use a 5-point harness a separate
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carrier or a vehicle manufacturer’s integrated child seat .
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2. For children aged 3 4 through 4 5 years, such restraint
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device may be rear-facing or forward-facing and must use a 5
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point harness a separate carrier, an integrated child seat, or a
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child booster seat may be used .
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3. For children aged 5 through 8 years, such restraint
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device must be a child booster seat that incorporates the use of
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the motor vehicle’s safety belt as defined in s. 316.614(3)(b)
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or must be forward-facing and use a 5-point harness. This
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subparagraph does not apply to a child over 4 feet 9 inches in
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height.
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(b) However, The requirement to use a child restraint
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device under subparagraph (a)2. or subparagraph (a)3. this
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subparagraph does not apply when a safety belt is used as
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required in s. 316.614(4)(a) and the child:
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1. a. Is being transported gratuitously by an operator who
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is not a member of the child’s immediate family;
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2. b. Is being transported in a medical emergency situation
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involving the child; or
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3. c. Has a medical condition that necessitates an exception
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as evidenced by appropriate documentation from a health care
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professional.
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(c) (b) The department shall provide notice of the
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requirement for child restraint devices, which notice shall
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accompany the delivery of each motor vehicle license tag.
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(5) Any person who violates this section commits a moving
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violation, punishable as provided in chapter 318 and shall have
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3 points assessed against his or her driver license as set forth
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in s. 322.27. In lieu of the penalty specified in s. 318.18 and
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the assessment of points, a person who violates this section may
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elect, with the court’s approval, to participate in a child
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restraint safety program approved by the chief judge of the
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circuit in which the violation occurs, and, upon completing such
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program, the penalty specified in chapter 318 and associated
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costs may be waived at the court’s discretion and the assessment
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of points shall be waived. The child restraint safety program
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must use a course approved by the Department of Highway Safety
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and Motor Vehicles, and the fee for the course must bear a
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reasonable relationship to the cost of providing the course.
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Section 3. This act shall take effect July 1, 2026.