THE BILL ITSELF
HB 233
Child Restraint Requirements
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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. 316.613, F.S.; requiring certain children
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to be restrained in a child booster seat; providing
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exceptions; providing penalties; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. 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
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this section, while transporting a child in a motor vehicle
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operated on the roadways, streets, or highways of this state,
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shall, if the child is 8 5 years of age or younger, provide for
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protection of the child by properly using a crash-tested,
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federally approved child restraint device.
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1. For children aged through 3 years, such restraint
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device must be a separate carrier or a vehicle manufacturer's
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integrated child seat.
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2. For children aged 4 through 5 years, a separate
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carrier, an integrated child seat, or a child booster seat may
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be used.
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3. For children aged 6 through 8 years, such restraint
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device must be a child booster seat. This subparagraph does not
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apply to a child over 4 feet 9 inches in 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
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exception as evidenced by appropriate documentation from a
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health care 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 2. This act shall take effect July 1, 2026.