HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1211 Child Restraint Requirements
SPONSOR(S): Transportation & Modals Subcommittee, Beltran and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1374
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 16 Y, 0 N, As CS Johnson Hinshelwood
2) Infrastructure Strategies Committee 18 Y, 0 N Lewis Harrington
SUMMARY ANALYSIS
Under Florida law, every operator of a motor vehicle, with some exceptions, while transporting a child in a
motor vehicle operated on the roadways, streets, or highways of this state, must, 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.
For children 3 years of age and younger, such restraint device must be a separate carrier or a vehicle
manufacturer's integrated child seat. For children aged 4 through 5 years, a separate carrier, an integrated
child seat, or a child booster seat may be used. A violation is a moving violation, and 3 points are assessed
against the violator’s driver license. The statutory base fine is $60, but with additional fees and court costs, the
total penalty may be up to $158. However, in lieu of the specified penalty and the assessment of points, a
violator may elect, with a court's approval, to participate in a child restraint safety program. Upon completing
such program, the specified penalty and associated costs may be waived at the court's discretion, and the
assessment of points is waived.
The bill increases from 5 years to 7 years the age through which a child must be in a crash-tested federally
approved child restraint device. The bill provides that a child through 2 years of age must be in a restraint
device with a rear-facing five-point harness. For children aged 3 through 4 years, the child must be in a
forward-facing or rear-facing five-point harness. For children aged 5 through 7, the child must be in a booster
seat that incorporates the motor vehicle’s safety belt or must be in a forward-facing five-point harness.
The statute’s current exceptions and penalties remain in place.
The bill has no fiscal impact on local governments and an indeterminate fiscal impact on the state and the
private sector.
The bill has an effective date of October 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/18/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida’s Child Restraint Requirements
Section 316.613, F.S., provides Florida’s child restraint requirements. Under this law, every operator of
a motor vehicle, while transporting a child in a motor vehicle operated on the roadways, streets, or
highways of this state, must, 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 3 years of age and younger, 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 does not apply when a safety
belt is used and the child:
Is being transported gratuitously by an operator who is not a member of the child's immediate
family;
Is being transported in a medical emergency situation involving the child; or
Has a medical condition that necessitates an exception as evidenced by appropriate
documentation from a health care professional.3
The Department of Highway Safety and Motor Vehicles (DHSMV) must provide notice of the
requirement for child restraint devices, which notice must accompany the delivery of each motor vehicle
license tag.4
As used in s. 316.613, F.S., the term “motor vehicle” means a motor vehicle 5 that is operated on the
roadways, streets, and highways of the state, but the term does not include:
A school bus.
A bus used for the transportation of persons for compensation, other than a bus regularly used
to transport children to or from school or in conjunction with school activities.
A farm tractor or implement of husbandry.
A truck having a gross vehicle weight rating of more than 26,000 pounds.
A motorcycle, a moped, a bicycle, or an electric bicycle.6
The failure to provide and use a child passenger restraint is not considered comparative negligence,
nor is such failure admissible as evidence in the trial of any civil action with regard to negligence. 7
It is the Legislature’s 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.8
1 S. 316.613(1)(a), F.S.
2 S. 316.613(1)(a)1, F.S.
3 S. 316.613(1)(a)2, F.S.
4 S. 316.613(1)(b), F.S.
5 Section 316.003(46), F.S., defines the term “motor vehicle” to m ean a self-propelled vehicle not operated upon rails or guideway, but
not including any bicycle, electric bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery
device, swamp buggy, or moped.
6 S. 316.613(2), F.S.
7 S. 316.613(3), F.S.
8 S. 316.613(4), F.S.
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Any person who violates the child restraint law commits a moving violation, punishable as provided in
ch. 318, F.S.,9 and must have 3 points assessed against his or her driver license.10 The statutory base
fine is $60,11 but with additional fees and court costs, the total penalty may be up to $158. 12
In lieu of the specified penalty and the assessment of points, a violator 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 specified penalty and associated
costs may be waived at the court's discretion, and the assessment of points is waived. The child
restraint safety program must use a DHSMV-approved course, and the fee for the course must bear a
reasonable relationship to the cost of providing the course. 13
The statutory child restraint requirements 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 to comply with the child restraint
requirement.14
Child Restraint Recommendations
The National Highway Traffic Safety Administration (NHTSA) has child restraint recommendations
based on age and size of the child as seen below. 15
NHTSA recommends keeping a child in the car seat for as long as possible, as long as the child fits
within the manufacturer’s height and weight requirements, and they recommend keeping a child in the
back seat at least through age 12.16 Below is a summary of NHTSA’s recommendations by age.17
Age Type of Child Restraint Recommendation
Birth - 12 Child should always ride in a rear-facing car
months Rear-facing car seat seat.
9 Points on a driver license are set forth in s. 322.27, F.S.
10 This is as provided in s. 322.27, F.S.
11 S. 318.18(3)(a), F.S.
12 Clerk of Courts, 2022 Distrib ution Schedule, p. 45.
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/2022/22bull098_attach_2_2022_dist.pdf (last visited Mar. 17,
2023).
13 S. 316.613(5), F.S.
14 S. 316.613(6), F.S.
15 National Highway Traffic Safety Administration (NHTSA), Car Seats and Booster Seats, https://www.nhtsa.gov/equipment/car-seats-
and-booster-seats (last visited Mar, 17, 2023)
16 Id.
17 Id.
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Child should be rear-facing as long as
possible. Child should remain in a rear-facing
car seat until he or she reaches the top height
Rear-facing or forward- or weight limit allowed by the car seat’s
1 - 3 years facing car seat manufacturer.
Child should be in a forward-facing car seat
with a harness and tether until he or she
reaches the top height or weight limit allowed
4 - 7 years Forward-facing car seat by the car seat’s manufacturer.
Child should be in a booster seat until he or
she is big enough to fit in a seat belt properly.
For a seat belt to fit properly the lap belt must
lie snugly across the upper thighs, not the
stomach. The shoulder belt should lie snugly
across the shoulder and chest and not cross
the neck or face. The child should still ride in
8 - 12 years Booster seat or seat belt the back seat.
The American Academy of Pediatrics has issued similar guidelines regarding the use of car seats in
motor vehicles.18
Effect of the Bill
The bill amends s. 316.613, F.S., increasing from 5 years to 7 years the age through which a child must
be in a crash-tested federally approved child restraint device. The bill provides that a child through 2
years of age must be in a restraint device with a rear-facing five-point harness. For children aged 3
through 4 years, the child must be in a forward-facing or rear-facing five-point harness. For children
aged 5 through 7, the child must be in a booster seat that incorporates the motor vehicle’s safety belt or
must be in a forward-facing five-point harness.
The statute’s current exceptions and penalties remain in place.
The bill has an effective date of October 1, 2023.
B. SECTION DIRECTORY:
Section 1 Amends s. 316.613, F.S., relating to child restraint requirements.
Section 2 Provides an effective date of October 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
DHSMV may incur costs in revising and printing its notice regarding child restraint requirements that
must accompany each motor vehicle license tag. However, the cost to DHSMV is unknown.
18American Academy of Pediatrics (AAP) Updates Recommendations on Car Seats for Children, http://www.primary-
pediatrics.ubcp.org/Uploads/Public/Documents/BCP/forms/PrimaryPeds/American-Academy-of-Pediatrics-AAP-Updates-
Recommendation-on-Car-Seats.pdf (last visited Mar. 18, 2023).
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Parents may incur costs associated with the purchase of a new child safety seat to meet the statutory
requirements.
D. FISCAL COMMENTS:
If parents are required to purchase new motor vehicle child restraint systems, those purchases are
exempt from sales tax.19
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to impact county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 29, 2023, the Transportation & Modals Subcommittee adopted one amendment and reported the
bill favorably as a committee substitute. The amendment changed the effective date of the bill from July 1,
2023, to October 1, 2023.
The staff analysis has been updated to reflect the committee substitute.
19 S. 212.08(7)(kkk), F.S.
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DATE: 4/18/2023
Statutes affected: H 1211 Filed: 316.613
H 1211 c1: 316.613