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Res. No. 040-01-11188
RESOLUTION NO.40-01-11188 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO PUBLIC SAFETY;URGING THE 2001 SESSION OF THE FLORIDA LEGISLATURE TO APPROVE A PRIMARY SAFETY BELT LAW;PROVIDING AN EFFECTIVE DATE. WHEREAS,theMayorandCity Commission of theCityofSouth Miami arechargedwithpromoting,protectingand maintaining thepublic health,safety and welfare;and WHEREAS,intheState of Florida,drivers of motor vehicles,frontseat passengersandallminorsundertheageof 16 mustwearseatbeltswhenthemotor vehicle isin operation;and WHEREAS,itisasecondaryoffenseforadriver,frontseatpassengeror minorundertheageof16tonotwearaseatbeltwhenamotorvehicleisin operation;thatis,motorists maynotbe stopped andticketedbyalaw enforcement officersolelybecause of failuretowearaseatbeltexceptforchildrenunder5;and WHEREAS,theNationalHighwayTrafficSafetyAdministration,the averageseatbeltuseratein 1998 inFloridawas57%,inprimarylaw enforcement statestheaverageratewas79%andinsecondarylawenforcementstatesthe averagewas62%;and WHEREAS,theuse of seatbeltssignificantlyreducestherisk of serious harmandtheseverity of injuriesinaaccident;and WHEREAS,primaryseatbeltlawswereintroducedinthe2000 legislative session (S0316;H0561)butdiedincommitteeand similar billshavebeen introduced inthe2001 legislative session (S1288;H0067);and WHEREAS,theMayorandCityCommissiondesiretoencouragethe Florida Legislature topassaprimarysafetybeltlawto reduce the number andthe severity of injuries to Florida motorists. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA; Additions shownbyunderlininganddeletionsshownby ovorstriking. Section 1.The Florida Legislatureis strongly encouraged topassa primarysafetybeltlawduringthe 2001 legislative sessiontoreducethenumber andthe severity of injuries toFloridamotorists Section2.TheCityClerkshalltransmitcopiesofthisresolutiontothe President of theFloridaSenate,theSpeakeroftheFloridaHouse,membersofthe Miami-DadeCountylegislative delegation,theFloridaLeague of Citiesandthe Dade County League of Municipalities. Section 3.This resolution shalltakeeffect immediately uponapproval. PASSED AND ADOPTED this 20th day of March,2001. ATTEST:APPROVED: MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE:4-0 Mayor Robaina:Yea Vice Mayor Feliu:out of town Commissioner Wiscombe:Yea Commissioner Bethel:Yea Commissioner Russell:Yea %7 &-£k-//*^ CITY ATTORNEY \\Dell_6100\Documents\City ofSouthMiami\0022-001\9090.doc Res.no.40-01-11188 Page2 of 2 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor and City Comm'n.Date:March 16,2001 £# From:Earl G.Gallop,City Attorney j59^<^Re:Primary Safety Belt Law Resolution (Comm'r.Russell) Subject:A resolution urgingtheFloridaLegislaturetopassasafetybeltlawduringthe 2001 legislative session to reduce the number andthe severity of injuries to Florida motorists. Discussion:In Florida,the driver of avehicle,frontseat passengers andallminors under theage of 16 must wear seatbelts.However,law enforcement officers maynotstop motorists for failing to wear seat belts.A motorist may be ticketed forthe offense (secondary offense)only if heorsheisstoppedforanotheroffense (primary offense). Florida hasa poor record forseatbeltuse.In1998,according tothe National Highway TrafficSafety Administration,theaverageseatbeltuserateinFloridawas57%.Inprimary law enforcement states the average ratewas79%,andin secondary law enforcement states the average was62%.Itis believed thatbymakingFloridaa primary seat belt enforcement state,therate of usage will increase,andthe number and severity of serious injurieswillbe significantly reduced. Copies of H0067,committee report andbill history are attached. Recommendation:Approve the resolution. STORAGE NAME:h0067s1.cpcs.doc DATS:January23,2001 HOUSE OF REPRESENTATIVES COMMITTEE ON CRIME PREVENTION,CORRECTIONS &SAFETY ANALYSIS BILL#:CS/HB67 RELATING TO:Florida Safety BeltLaw SPONSOR(S):CommitteeonCrimePrevention,Corrections&Safetyand Representatives Slosberg, Priequez and Others TIED BILL(S): ORIGINATING COMMITTEE(S)/COMMITTEE(S)OF REFERENCE: (1)CRIME PREVENTION,CORRECTIONS &SAFETYYEAS8NAYS1 (2)INSURANCE (3)TRANSPORTATION (4)TRANSPORTATION &ECONOMICDEVELOPMENT APPROPRIATIONS (5)COUNCIL FOR HEALTHY COMMUNITIES I.SUMMARY: Current law requires amotor vehicle operator,front seat passengers,and all passengers under 18 years of age to wear seat belts.The "Florida Safety BeltLaw"is enforced as a secondary offense;that is,law enforcement officers cannot stop motorists solely fornot using their seat belts.Instead,the officer must first stop the motorist fora suspected violationof state traffic,motor vehicle,or driver license laws before the officer can issue a uniform traffic citation for failure to wear a seat belt. The Committee Substitute forHB67 amends the "Florida Safety BeltLaw"to provide for primary enforcement of the seat beltlaw.Under this bill,law enforcement officers would be authorized to stop motorists and issue citations fora safety beltviolation.A person who violates this provisionwould be citedfora nonmoving violation,punishable byafineof$30. Furthermore,the Committee Substitute requires all passengers ina motor vehicle to be restrained bya safety belt when the vehicle isinmotion.It clarifies current exemptions to the safety belt law and provides that the passengers ofa motor vehicle in excess of the number of safety belts installed by the manufacturer are exempt from the provisions of the safety beltlaw. The Committee Substitute,however,prohibitsalaw enforcement officerfrom searching or inspecting the vehicle,its contents,or the driver based solely uponthisviolation. Althoughprimary enforcement of safety beltviolationsmayresultinan increase ofcitations,the potential fiscal impacts are unknown. The Committee Substitute has an effective date of July 1,2001. STORAGE NAME:h0067s1 .cpcs.doc DATE:January 23,2001 PAGE:2 II.SUBSTANTIVE ANALYSIS: A DOES THE BILL SUPPORT THE FOLLOWING PRINCIPLES: 1.Less Government YesQ No[x]N/AQ Law enforcement would be authorized to stop motor vehicles foraviolationof the Florida Safety BeltLaw as aprimary,rather than a secondary,violation. 2.Lower Taxes YesQ NoQ N/A[x] 3.Individual Freedom YesD No[x]N/AQ See above. 4.Personal Responsibility YesQ NoQ N/A[x] 5.Family Empowerment YesQ NoQ N/A[x] B.PRESENT SITUATION: Section 316.614,F.S.,the "Florida Safety BeltLaw,"requires a motor vehicle operator,front seat passengers,and all passengers under 18 years of age to wear seat belts.The "Florida Safety Belt Law"is enforced as a secondary offense;that is,law enforcement officers cannot stop motorists solely fornot using their seat belts.Instead,the officer must first stop the motorist fora suspected violationof Chapters 316,320,or322,F.S.,beforetheofficer can issue auniformtrafficcitationfor failure to wear a seat belt. Although the "Florida Safety BeltLaw"is enforced as a secondary offense,the child restraint requirements of s.316.613,F.S.,are enforced as aprimary offense.The law requires allchildren5 years of age and younger being transported inamotorvehicletobe restrained ina carrier, integrated car seat,or seat belt.Motorists are subject tobeing stopped byalaw enforcement officer for failure to comply with this requirement. Thepenaltyforfailureto wear a seat beltis$30,plus add-ons and court costs.Revenues collected from citations issued for seat belt violations are distributed like other citation revenues,pursuant to s.318.21,F.S.except $5 for each citationpaidis directed to the Epilepsy Services Trust Fund. There are,however,exceptions for when seat belts are required to be worn.For example,persons who deliver newspapers on home delivery routes are not required to wear seat belts during the course of their employment.Also,under current law,the front seat passengers ofapickuptruckin excess of the number of seat belts installed in the front seat are not required to wear a seat belt. Currently,there isno language in the "Florida Safety BeltLaw"statute which relates to searches and inspections ofamotorvehicle,its contents,orthedriverbyalaw enforcement officerfora traffic stop which results ina secondary violationofs.316.614,F.S. C.EFFECT OF PROPOSED CHANGES: This Committee Substitute forHB67 amends the "Florida Safety Belt Law"toprovideforprimary enforcement of the seat belt law.Under the Committee Substitute,law enforcement officers would be authorized to stop motorists and issue citationsfor seat beltviolations. STORAGE NAME:h0067s1 .cpcs.doc DATE:January 23,2001 PAG£:3 The Committee Substitute requires all passengers inamotorvehicleto wear a seat belt,in the front andback seats,when the vehicleisin motion.Currentlaw requires allfront seat passengers to wear a seat belt,but back seat passengers are notrequiredto wear seat belts unless they are under 18. The Committee Substitute broadens the exemption for excess passengers ina vehicle.Current law provides that "front seat passengers of apickup truck"in excess of the number of seat belts installed are not required to wear a seat belt;the Committee Substitute expands this exemption to "passengers of a motor vehicle"in excess of seat belts installed by the manufacturer. The amendment,however,does notconflictwith current law under Paragraph (d)of subsection (6) of 316.614,F.S.,which excludes the living quarters ofa recreational vehicle ora space withina truckbodyprimarily intended for merchandise or property.Section 316.2015,F.S.provides regulations for persons ridingon the exterior ofa vehicle and also provides an exclusion for persons ridingwithin truck bodies in space intended for merchandise. The Committee Substitute also clarifies exemptions to the safety beltlaw under s.316.614(5)by specifying,"The following are not required to be restrained bya safety belt." In order to conform to primary enforcement provisions,a reference to the requirements of federal safety standards is deleted in the Committee Substitute under s.316.614(2). The Committee Substitute prohibits alaw enforcement officerfrom searching or inspecting the vehicle,its contents,or the driver based solely upon this violation. D.SECTION-BY-SECTION ANALYSIS: Section 1:Cites the act as the "Dori Slosberg Actof 2001." Section 2:Deletes s.316.614(2)to conform to provisions of primary enforcement;requires all passengers ina motor vehicle be restrained bya safety belt when the vehicle isinmotion;clarifies exemptions to safety belt law;exempts passengers ofa motor vehicle in excess of the number of safety belts installed by the manufacturer;provides for primary enforcement of the safety beltlaw; provides limitsonlaw enforcement's authority to search or inspect a motor vehicle,its contents,the driver,ora passenger based solely ona seat beltviolation. Section 3:Provides an effective date ofJuly 1,2001. FISCAL ANALYSIS &ECONOMIC IMPACT STATEMENT: A FISCAL IMPACT ON STATE GOVERNMENT: 1.Revenues: See Fiscal Comments. 2.Expenditures: See Fiscal Comments. STORAGE NAME:h0067s1 .cpcs.doc DATE;January 23,2001 'PAGE:4 B.FISCAL IMPACT ON LOCAL GOVERNMENTS: 1.Revenues: N/A 2.Expenditures: N/A C.DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: N/A D.FISCAL COMMENTS: Although primaryenforcementofsafetybelt violations mayresultinan increase ofcitations,the potentialfiscal impacts are unknown. IV.CONSEQUENCES OF ARTICLE VII.SECTION 18 OF THE FLORIDA CONSTITUTION: A APPLICABILITY OF THE MANDATES PROVISION: The Committee Substitute does notrequire counties ormunicipalitiesto spend fundsor take action requiring the expenditure offunds. B.REDUCTION OF REVENUE RAISING AUTHORITY: The Committee Substitute does not reduce the authority that municipalities or counties have to raise revenues in the aggregate. C.REDUCTION OF STATE TAX SHARED WITH COUNTIES ANDMUNICIPALITIES: This Committee Substitute does not reduce the percentage ofa state tax shared with counties or municipalities. V.COMMENTS: A CONSTITUTIONAL ISSUES: The provision inthis bill prohibiting an officer from searching or inspecting "a motor vehicle,its contents,the driver,ora passenger solely because ofa violation ofthissection"isarestatementof existing law.A lawful stopbyan officer to enforce the provisions ofthissection would still be subjecttoallofthe protections ofthe Fourth Amendment tothe United States Constitution and Article I,Section 12of the Florida Constitution. B.RULE-MAKING AUTHORITY: None. STORAGE NAME:h0067s1 .cpcs.doc DATE:January 23,2001 PAGE:5 C.OTHER COMMENTS: Accordingto the NationalHighway Traffic Safety Administration (NHTSA),as ofMarch 1999,the average seat belt use rateinthe 19 states (including the District ofColumbiaand Puerto Rico) which have laws that permitprimary enforcement is12 percentage pointshigherthanthe average of those states whichpermitonly secondary enforcement.The average use rate among primary law enforcement states in 1999 was 73 percent andthe average use rate among secondary law enforcement states in 1999 was 61percent.In Florida,theNHTSA reported that the average safety belt use rate was 57 percent forthe same periodin 1999. Accordingto the Department ofHighway Safety and Motor Vehicles (DHSMV),this bill would strengthen Florida's Safety BeltLawby increasing compliance and,thereby reducing the number of deaths and injuries associated withfailureto wear a seat belt.DHSMV's records indicate that 313,684 citations were issued inFloridafor seat belt violations during calendar year 1999. The language amending subsection (5)(d)wouldconflictwith current law that requires each passenger under the age of18to be restrained bya safety belt or child restraint device no matter where in the car they are sitting.If there are more children than safety belts,then there may notbe a violation of this section. VI.AMENDMENTS OR COMMITTEE SUBSTITUTE CHANGES: Representative Slosberg offered a strike-everything amendment in the February 22,2001 meeting of the Committee on Crime Prevention,Corrections and Safety.The amendment requires all passengers ina motor vehicle to wear a seat belt,in the front and back seats. The Committee Substitute also broadens exemptions to the safety beltlaw.Current lawprovides "front seat passengers of apickup truck"in excess of the number of seat belts installed by the manufacturer are exempt;the committee substitute expands the exclusion to "passengers of a motor vehicle"in excess of seat belts installed by the manufacturer. The Committee Substitute also deletes references to federal requirements to conform to primary enforcement provisions and clarifies exemptions to the safety beltlaw under current law. The strike-everything amendment was then engrossed in the billin the formofa committee substitute. VII.SIGNATURES: COMMITTEE ON CRIME PREVENTION,CORRECTIONS &SAFETY: Prepared by:Staff Director: Lynn Dodson DavidDeLa Paz STORAGENAME:h0067s1.cpcs.doc DAJE:January 23,2001 HOUSE OF REPRESENTATIVES COMMITTEE ON CRIME PREVENTION,CORRECTIONS &SAFETY ANALYSIS BILL #:CS/HB 67 RELATINGTO:Florida SafetyBelt Law SPONSOR(S):Committee on Crime Prevention,Corrections &Safety and Representatives Slosberg, Priequez and Others TIED BILL(S): ORIGINATING COMMITTEE(S)/COMMITTEE(S)OFREFERENCE: (1)CRIMEPREVENTION,CORRECTIONS &SAFETYYEAS8 NAYS 1 (2)INSURANCE (3)TRANSPORTATION (4)TRANSPORTATION&ECONOMICDEVELOPMENT APPROPRIATIONS (5)COUNCIL FOR HEALTHYCOMMUNITIES SUMMARY: Current law requires a motor vehicle operator,front seat passengers,and all passengers under 18 years ofagetowearseat belts.The "Florida Safety Belt Law"is enforced asa secondary offense;that is,law enforcement officers cannotstop motorists solelyfornotusingtheir seat belts.Instead,the officer must firststopthemotoristfora suspected violation of state traffic,motorvehicle,ordriver license lawsbefore the officer can issue a uniform traffic citation for failure to wear a seat belt. The Committee Substitute for HB 67 amends the "Florida Safety Belt Law"to provide for primary enforcement oftheseat belt law.Under this bill,law enforcement officers would be authorized tostop motorists andissue citations forasafetybelt violation.Apersonwhoviolatesthis provision would be citedfora nonmoving violation,punishablebyafineof$30. Furthermore,the Committee Substitute requires all passengers in a motor vehicle tobe restrained bya safetybeltwhenthevehicleisin motion.It clarifies currentexemptionstothesafetybeltlawand provides thatthepassengersofa motor vehicle in excessofthe number ofsafetybelts installed bythe manufacturer are exempt fromtheprovisionsof the safety beltlaw. The Committee Substitute,however,prohibits a law enforcement officer from searchingor inspecting thevehicle,its contents,orthedriver based solelyuponthisviolation. Althoughprimary enforcement of safety beltviolationsmayresultinan increase of citations,the potential fiscal impacts are unknown. The Committee Substitute has aneffective date ofJuly1,2001. STORAGE NAME:h0067s1 .cpcs.doc DATE:January 23,2001 PAGE:2 II.SUBSTANTIVE ANALYSIS: A DOES THE BILL SUPPORT THE FOLLOWING PRINCIPLES: 1.Less Government YesQ No[x]N/AQ Law enforcement wouldbeauthorizedtostopmotorvehiclesfora violation oftheFlorida Safety BeltLaw as aprimary,rather thana secondary,violation. 2.Lower Taxes 3.Individual Freedom See above. 4.Personal Responsibility 5.Family Empowerment B.PRESENT SITUATION: Section 316.614,F.S.,the "Florida SafetyBelt Law,"requiresamotorvehicleoperator,front seat passengers,andall passengers under 18 yearsof age towear seat belts.The "Florida SafetyBelt Law"isenforced as a secondary offense;thatis,lawenforcementofficerscannotstopmotorists solelyfornotusingtheir seat belts.Instead,the officer mustfirststopthemotoristfora suspected violationof Chapters 316,320,or 322,F.S.,before the officer can issue auniformtraffic citation for failure to wear a seat belt. Although the "Florida Safety Belt Law"is enforced as a secondary offense,thechild restraint requirements of s.316.613,F.S.,are enforced as aprimaryoffense.Thelawrequiresallchildren5 years of age and younger being transported ina motor vehicle to be restrained ina carrier, integrated car seat,or seat belt.Motorists are subject tobeing stopped byalaw enforcement officerfor failure to comply withthis requirement. The penalty forfailureto wear a seat beltis$30,plus add-ons and court costs.Revenues collected from citationsissuedfor seat belt violations are distributed like other citation revenues,pursuantto s.318.21,F.S.except $5for each citation paidisdirectedtotheEpilepsy Services TrustFund. Thereare,however,exceptionsforwhen seat beltsarerequiredtobeworn.Forexample,persons whodeliver newspapers onhomedeliveryroutes are notrequiredto wear seat beltsduring the course of their employment.Also,undercurrentlaw,the front seat passengers ofapickuptruckin excess of the number of seat beltsinstalledin the front seat are not required to wear a seat belt. Currently,there isno language in the "Florida Safety BeltLaw"statute which relates to searches and inspections ofa motor vehicle,its contents,or the driverbyalaw enforcement officerfora traffic stop which results ina secondary violationofs.316.614,F.S. C.EFFECT OF PROPOSED CHANGES: This Committee Substitute forHB67 amends the"Florida Safety Belt Law"toprovideforprimary enforcement of the seat belt law.Under the Committee Substitute,law enforcement officers would be authorized to stop motorists and issue citations for seat belt violations. YesQ NoQ N/A[x] YesQ No[x]N/AQ YesQ NoQ N/A[x] YesQ NoG N/A[x] STORAGE NAME:h0067s1 .cpcs.doc DATE:January 23,2001 PAGE:3 The Committee Substituterequires all passengers in amotorvehicletoweara seat belt,in the front andbackseats,whenthe vehicle is in motion.Current law requires all front seatpassengersto weara seat belt,butback seat passengersarenot required towear seat beltsunlesstheyare under 18. The Committee Substitute broadens theexemptionfor excess passengers inavehicle.Currentlaw provides that "front seat passengers of apickup truck"in excess of the number of seat belts installed arenot required towearaseat belt;the Committee Substitute expands this exemption to "passengersofamotor vehicle"m excess of seat beltsinstalledbythemanufacturer. The amendment,however,does not conflict with current law under Paragraph (d)of subsection (6) of 316.614,F.S.,which excludesthe living quartersofa recreational vehicleora space within a truck body primarily intended for merchandise or property.Section 316.2015,F.S.provides regulations forpersons riding onthe exterior ofa vehicle andalso provides an exclusion for persons ridingwithin truck bodies in space intended for merchandise. The Committee Substitute also clarifies exemptions tothesafetybelt law unders.316.614(5)by specifying,'The following are notrequiredtobe restrained bya safety belt." In ordertoconformtoprimaryenforcement provisions,areferencetotherequirementsoffederal safety standards is deleted intheCommitteeSubstitute under s.316.614(2). The Committee Substitute prohibits a law enforcement officer from searching or inspecting the vehicle,its contents,or the driver based solelyuponthisviolation. D.SECTION-BY-SECTION ANALYSIS: Section1:Cites the act as the "Dori Slosberg Actof 2001." Section 2:Deletess.316.614(2)to conform to provisions of primary enforcement;requires all passengers inamotor vehicle be restrained bya safety belt when the vehicle isinmotion;clarifies exemptions to safety beltlaw;exempts passengers ofa motor vehicle in excess of the number of safetybelts installed bythe manufacturer;provides for primary enforcementofthesafety belt law; provides limits onlawenforcement's authority tosearchorinspectamotorvehicle,itscontents,the driver,ora passenger based solelyona seat beltviolation. Section3:Provides aneffective date ofJuly 1,2001. III.FISCAL ANALYSIS &ECONOMIC IMPACT STATEMENT: A FISCAL IMPACT ON STATE GOVERNMENT: 1.Revenues: See Fiscal Comments. 2.Expenditures: See Fiscal Comments. STORAGE NAME h0067s1 .cpcs.doc DATE:January 23,2001 PAGE:4 B.FISCAL IMPACT ON LOCAL GOVERNMENTS: 1.Revenues: N/A 2.Expenditures: N/A C.DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: N/A D.FISCAL COMMENTS: Althoughprimary enforcement of safety beltviolationsmayresultin an increase ofcitations,the potential fiscal impacts are unknown. IV.CONSEQUENCES OF ARTICLE VII.SECTION 18 OF THE FLORIDA CONSTITUTION: A APPLICABILITY OF THE MANDATES PROVISION: TheCommitteeSubstitute does notrequirecountiesor municipalities to spend fundsortakeaction requiring the expenditure of funds. B.REDUCTION OF REVENUE RAISING AUTHORITY: The Committee Substitute does not reduce the authoritythatmunicipalitiesor counties have to raise revenues in the aggregate. C.REDUCTION OF STATE TAX SHARED WITH COUNTIES AND MUNICIPALITIES: This Committee Substitute does not reduce the percentage ofa state tax shared with counties or municipalities. V.COMMENTS: A CONSTITUTIONAL ISSUES: The provisioninthis bill prohibitinganofficerfrom searching or inspecting "a motor vehicle,its contents,the driver,ora passenger solely because ofaviolationof this section"isa restatement of existinglaw.Alawful stop by an officerto enforce theprovisionsofthis section wouldstill be subject toallof the protections of the Fourth Amendment to the United States Constitution and Article I,Section 12 of the Florida Constitution. B.RULE-MAKING AUTHORITY: None.• STORAGE NAME:h0067s1 .cpcs.doc DATE:January 23,2001 PAQE:5 C.OTHER COMMENTS: According tothe National Highway Traffic Safety Administration (NHTSA),as of March 1999,the average seat beltuserateinthe 19 states (including the District of Columbia andPuerto Rico) which have laws that permit primary enforcement is12 percentage points higher thantheaverage ofthosestates which permit only secondary enforcement.The average userate among primary law enforcement states in 1999 was73 percent andtheaverageuserate among secondary law enforcement states in 1999 was 61 percent.In Florida,the NHTSA reported thattheaverage safety belt use ratewas57percentforthe same periodin 1999. According totheDepartmentof Highway Safetyand Motor Vehicles (DHSMV),this bill would strengthenFlorida'sSafetyBelt Law byincreasing compliance and,therebyreducingthenumberof deaths and injuries associated withfailureto wear a seat belt.DHSMV's records indicate that 313,684 citations were issued in Florida for seat belt violations during calendar year 1999. The language amendingsubsection (5)(d)would conflict with currentlawthatrequires each passenger under the age of18to be restrained bya safety beltorchild restraint device no matter whereinthecartheyare sitting.If therearemore children thansafetybelts,thentheremaynotbe a violation of this section. VI.AMENDMENTS OR COMMITTEE SUBSTITUTE CHANGES: Representative Slosberg offered a strike-everything amendment in the February 22,2001 meeting oftheCommitteeonCrime Prevention,Corrections andSafety.Theamendmentrequires all passengers ina motor vehicle to wear a seat belt,in the front and back seats. The Committee Substitutealsobroadens exemptions tothesafetybelt law.Currentlaw provides "front seatpassengersofa pickup truck"inexcessofthenumberof seat belts installed bythe manufacturerareexempt;the committee substituteexpandsthe exclusion to "passengers ofa motorvehicle"in excess of seat belts installed by the manufacturer. The Committee Substitutealsodeletesreferencesto federal requirements to conform to primary enforcement provisions and clarifies exemptions to the safety beltlaw under current law. The strike-everything amendment was then engrossed in the bill in the formofa committee substitute. VII.SIGNATURES: COMMITTEE ON CRIME PREVENTION,CORRECTIONS &SAFETY: Prepared by:Staff Director: Lynn Dodson David De La Paz session->Bills->Bill%20Info:H%200067->Session%202001:Online Sunshine Page1 of2 ^Online -. Sunshine -**k™* AppropriationsBillsCalendarsJournalsCitatorSearch Select Year:2001 Select Chamber:House J* O A Guide to the Format of This Page Jump To:Bill Text(2)Amendments(O)Staff Analysisf2)Vote HistoryfO')Citations House 0067:Relating to Florida Safety Belt Law H67 GENERAL BILL/CS by Crime Prevention,Corrections &Safety (HCC); Slosberg;Prieguez;(C0SP0NS0RS)Cantens;Gottlieb;Gannon;Romeo; Weissman;Garcia;Meadows;Greenstein;Rich;Justice;McGriff;Hachek; BendrossMindingall;Wishner;Henriguez;Paul;Allen;Seller;Lerner; Betancourt;Ryan;Davis;Gibson;Wilson;Lee;Holloway;Bullard;Fields; Benson;Heyman;Farkas;Peterman;Kallinger;Trovillion;Gelber; Kravitz;Andrews;Diaz de la Portilla;Ausley;Sobel;Brutus (Similar S1288) Florida Safety Belt Law;creates "Dori Slosberg Actof 2001";deletes obsolete language;provides forall persons inmotor vehicle to wear safety belt;revises said law to eliminate requirement that law be enforced as secondary action when driver of motor vehicle has been detained for another violation;provides restrictions on authority to search based on safety belt violation.Amends 316.614.EFFECTIVE DATE: 07/01/2001. Prefiled Referred to Crime Prevention,Corrections &Safety (HCC); Insurance (CCC);Transportation (RIC);Transportation & Economic Development Appropriations (FRC);Council for Healthy Communities On Committee agenda CrimePrevention,Corrections &Safety (HCC),02/06/01,1:30 pm,214C Temporarily deferred On Committee agenda CrimePrevention,Corrections &Safety (HCC),02/22/01,9:00 am,116K CS by Crime Prevention,Corrections &Safety (HCC);YEAS 8 NAYS 1 Pending review ofCS under Rule 6 Introduced,referred to Crime Prevention,Corrections & Safety (HCC);Insurance (CCC);Transportation (RIC); Transportation &Economic Development Appropriations (FRC); Council for Healthy Communities HJ 00017;On Committee agenda Crime Prevention,Corrections &Safety (HCC), 02/06/01,1:30 pm,214C Temporarily deferred;On Committee agenda Crime Prevention,Corrections &Safety (HCC), 02/22/01,9:00am,116K;CSbyCrimePrevention,Corrections &Safety (HCC);YEAS 8 NAYS 1 HJ 00079;CS read first time on 03/06/01 HJ00072;Pending review ofCS under Rule6 HJ 00079 12/08/00 HOUSE 01/12/01 HOUSE 01/29/01 HOUSE 02/09/01 HOUSE 02/22/01 HOUSE 02/28/01 HOUSE 03/06/01 HOUSE Bill Text:(Top) Bill Name H0067 H 0067C1 Date Posted 12/09/2000 03/01/2001 Available Formats 3 Web Page ^RD_E 3>Web Page ^PDF http://www.leg.state.fl.us/Session/index.cfm?Mode=Bills&SubMenu=l&Tab=session&BI_M...3/16/01 session->Bills->Bill%20Info:H%200067->Session%202001:OnlineSunshine ^.Page2 of 2 Amendments:(Top) H 0067: No Amendments Available H0067C1: No Amendments Available Bill Analysis:(Top) Analysis ID Sponsor Available Formats h 0067 Crime Prevention,Corrections &Safety %PDF h 0067s 1 Crime Prevention,Corrections &Safety %PDF Vote History:(Top) No Vote History Available Citations:(Top) STATUTE CITATIONS :(Ioa) NO STATUTE CITATIONS FOUND FOR REQUESTED BILL CONSTITUTION CITATIONS: NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL Welcome •Session •Committees •Legislators •information Center •statutes and Constitution •Lobbyist Information Disclaimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes.Copyright ©2000-2001 State of Florida.Contact us. 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Florida House of Representatives -2001 CS/HB 61 Bythe Committee on Crime Prevention,Corrections &Safety and Representatives Slosberg,Prieguez,Cantens,Gottlieb, Gannon,Romeo,Weissman,Garcia,Meadows,Greenstein and Rich 1 A bill to be entitled 2 An act relating to the Florida Safety Belt Law; 3 creating the "Dori Slosberg Actof 2001"; 4 amending s.316.614,F.S.;deleting obsolete 5 language;providing forall persons ina motor 6 vehicle to wear a safety belt;revising the 7 Florida Safety Belt Law to eliminate the 8 requirement that the law be enforced asa 9 secondary action when a driver ofa motor 10 vehicle has been detained for another 11 violation;providing restrictions on authority 12 to search based on a safety belt violation; 13 providing an effective date. 14 15BeIt Enacted by the Legislature oftheStateofFlorida: 16 17 Section 1.Short title.--This act may be cited as the 18 "Dori Slosberg Act of 2001." 19 Section 2.Section 316.614,Florida Statutes,is 20 amended to read: 21 316.614 Safety belt usage.-- 22 (1)This section may be cited asthe "Florida Safety http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb0...3/16/01 session->Bills:OnlineSunshine -•Page 2 of 6 •23 Belt Law." 24 (a)at is the policy of this state that enactment of 25 thio cootion ic intondofl to bocompatiblewiththo ooafeinuod 26 cupporfc by fcho ofcato fay federal oacefcy standards roqwiring- 27 automatic orach protection)and tho onaobmont.ofi fchic •paction 28 chovild not;ba used in any manner to rescind or do laythe 29 implementation of the federal automatic orach protection 30 cyctem requireroentc of Federal Motor Safety Standard 308 ac 31 1 CODING:Words ctgicteen are deletions;words underlined are additions. FloridaHouseof Representatives -2001 CS/HB67 189-905-01 1 cet"£ogfch in S4ili3.1 thereof)ac entered on July 47,1884, 2 for new care. 3 (2)4-j4-As used in this section: 4 (a)"Motor vehicle"means a motor vehicle as defined 5ins.316.003 thatis operated ontheroadways,streets,and 6 highways of this state.The term doesnotinclude: 7 1.A school bus. 8 2.A bus used for the transportation of persons for 9 compensat ion. 10 3.A farm tractor or implement of husbandry. 11 4.A truck ofa net weight of more than 5,000 pounds. 12 5.A motorcycle,moped,or bicycle. 13 (b)"Safety belt"means aseatbelt assembly that 14 meets the requirements established under Federal Motor Vehicle 15 Safety Standard No.208,49 C.F.R.s.571.208. http://www.leg.state.fl.us/cgi-bin/viewjpage.pl?Tab=session&Submenu=l&FT=D&File=hb0...3/16/01 session->Bills:Online Sunshine ».Page3 of 6 .16 (c)"Restrained byasafety belt"meansbeing 17 restricted byan appropriately adjusted safety belt which is 18 properly fastened atall times when a motor vehicle isin 19 motion. 20 (3)444-Itis unlawful for any person: 21 (a)To operate a motor vehicle in this state unless 22 each passenger of the vehicle under theageof18 years is 23 restrained by a safety belt or by a child restraint device 24 pursuant tos.316.613,ifapplicable;or 25 (b)To operate a motor vehicle in this state unless 26the person is restrained by a safety belt. 27 (4)4^.it is unlawful for any person 18 years of age 28or older tobea passenger inthefronteeat of a motor 29 vehicle unless such person is restrained by a safety belt when 30 the vehicle is in motion. 31 2 CODING:Words cfcriokon are deletions;words underlined are additions. Florida House of Representatives -2001 CS/HB 67 189-905-01 1 (5)The following are not required to be restrained by 2 a safety belt: 3 -4*4-(a)Neither A person whois certified by a 4 physician as having amedical condition thatcausestheuseof 5a safety belttobe inappropriate or dangerous^ 6 Jb]nev An employee ofa newspaper home delivery 7 service while inthe course ofhisorher employment 8 delivering newspapers onhome delivery routes ic required to http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hbO...3/16/01 session->Bills:Online Sunshine *<.Page 4 of6 9bo rootarained by a cafoby bolfe. 10 4b)Thenumberof front seat passengers oc-a pickup 11truck required towearasafetybolt pursuant to thic ..section 12 chall ...not .'exceed''the number of oafioty beltswhich wero 13installedin the front;coat of such pickup truck bythe 14 manufacturer. 15 (c)Anemployeeofasolidwasteorrecyclable 16 collection service ionotrequiredtobe rootrainod bya 17safetybeltwhileinthecourseofemploymentcollectingsolid 18 waste or recyclables on designated routes. 19 (d)The passengers of a motor vehicle in excess of the 20 number of safety belts installed by the manufacturer. 21 (e?4d4-The requirements of this section shall not 22 apply to the living quarters ofa recreational vehicle ora 23 space within a truck body primarily intended for merchandise 24 or property. 25 .L§.)A-^Ifc is tne intent ofthe Legislature that all 26state,county,andlocallaw enforcement agencies,safety 27 councils,and public school systems,in recognition of the 28 fatalities and injuries attributed to unrestrained occupancy 29of motor vehicles,shall conduct a continuing safety and 30 public awareness campaign astothe magnitude ofthe problem 31 3 CODING:Words ofcriolten are deletions;words underlined are additions. FloridaHouseofRepresentatives-2001 CS/HB67 189-905-01 1andadoptprogramsdesignedtoencouragecompliancewiththe http.7/www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb0'...3/16/01 session->Bills:OnlineSunshine -*>Page 5 of 6 2 safety belt usage requirements ofthis section. 3 (7)4*4-Any person who violates the provisions of this 4 section commits a nonmoving violation,punishable as provided 5in chapter 318.A law enforcement officer may not search or 6 inspecta motor vehicle,its contentsfthe driver,ora 7 passenger solely because ofa violation ofthis section 8 However,except for violations of c.316.613,onforcement of 9 •fchic-.-ooction by.,otate or Local law.,enforcement agencies must 10bo aocompliohed only aca cocondary action when a driver ofa 11 motor vehicle hao been'detained fora suspected violation-o.fi 12 another cootion of thic chapter,chapter 330,or chapter 333. 13 .(814*4-A violation ofthe provisions ofthis section 14 shall not constitute negligence per se,nor shall such 15 violation be used as prima facie evidence of negligence orbe 16 considered in mitigation ofdamages,butsuch violation may be 17 considered as evidence of comparative negligence,in any civil 18 action. 19 Section 3.This act shall take effect July 1,2001. 20 2i ***************************************** 22 HOUSE SUMMARY 23 24 25 26 27 28 29 30 31 4 CODING:Words otricteen aredeletions;wordsunderlinedareadditions. http://www.leg.state.fl.us/cgi-bin/view^age.pl?Tab=session&Submenu=l&FT=D&File=hbO'...3/16/01 session->Bills:Online Sunshine -c ,Page 6 of 6 Welcome *Session *Committees •Legislators •Information Center *Statutes and Constitution •Lobbyist Information Disclaimer:The information on this system is unverified.The journals or printed billsof the respective chambers should be consulted forofficial purposes.Copyright ©2000-2001 State of Florida.Contact us. 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