Florida SB 1384: Department of Management Services

Bill Text

1384 
Child Restraint Requirements 
2026-01-07T11:24:45Z 
Prohibiting a person operating a motorcycle or moped from carrying a child under a certain age, or allowing a child under a certain age to ride on the motorcycle or moped, unless certain requirements are met, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
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 Florida Senate - 2026 SB 1384 

 By Senator Rodriguez 

 40-00958B-26 20261384__ 
 1 A bill to be entitled 
 2 An act relating to child restraint requirements; 
 3 amending s. 316.2085, F.S.; prohibiting a person 
 4 operating a motorcycle or moped from carrying a child 
 5 under a certain age, or allowing a child under a 
 6 certain age to ride on the motorcycle or moped, unless 
 7 certain requirements are met; providing applicability; 
 8 providing penalties; reenacting and amending s. 
 9 316.613, F.S.; revising the ages through which 
 10 children must be restrained in a certain manner while 
 11 being transported in a motor vehicle; requiring that 
 12 certain restraint devices be used for children of 
 13 specified ages; providing exceptions; providing 
 14 penalties; providing an effective date. 
 15 
 16 Be It Enacted by the Legislature of the State of Florida: 
 17 
 18 Section 1. Present subsection (7) of section 316.2085, 
 19 Florida Statutes, is redesignated as subsection (8), and a new 
 20 subsection (7) is added to that section, to read: 
 21 316.2085 Riding on motorcycles or mopeds.— 
 22 (7) A person operating a motorcycle or moped may not carry 
 23 a child under 8 years of age, or allow a child under 8 years of 
 24 age to ride on the motorcycle or moped, unless the child is 
 25 properly seated in a sidecar attached to the motorcycle or moped 
 26 and restrained in accordance with applicable passenger safety 
 27 laws and regulations. This subsection does not apply to a person 
 28 operating a motorcycle while participating in a parade. 
 29 Section 2. Subsection (1) of section 316.613, Florida 
 30 Statutes, is amended, and subsection (5) of that section is 
 31 reenacted, to read: 
 32 316.613 Child restraint requirements.— 
 33 (1)(a) Every operator of a motor vehicle as defined in this 
 34 section, while transporting a child in a motor vehicle operated 
 35 on the roadways, streets, or highways of this state, shall, if 
 36 the child is 8 5 years of age or younger, provide for protection 
 37 of the child by properly using a crash-tested, federally 
 38 approved child restraint device. 
 39 1. For children aged through 2 3 years, such restraint 
 40 device must be rear-facing and use a 5-point harness a separate 
 41 carrier or a vehicle manufacturer’s integrated child seat. 
 42 2. For children aged 3 4 through 4 5 years, such restraint 
 43 device may be rear-facing or forward-facing and must use a 5 
 44 point harness a separate carrier, an integrated child seat, or a 
 45 child booster seat may be used. 
 46 3. For children aged 5 through 8 years, such restraint 
 47 device must be a child booster seat that incorporates the use of 
 48 the motor vehicle’s safety belt as defined in s. 316.614(3)(b) 
 49 or must be forward-facing and use a 5-point harness. This 
 50 subparagraph does not apply to a child over 4 feet 9 inches in 
 51 height. 
 52 (b) However, The requirement to use a child restraint 
 53 device under subparagraph (a)2. or subparagraph (a)3. this 
 54 subparagraph does not apply when a safety belt is used as 
 55 required in s. 316.614(4)(a) and the child: 
 56 1.a. Is being transported gratuitously by an operator who 
 57 is not a member of the child’s immediate family; 
 58 2.b. Is being transported in a medical emergency situation 
 59 involving the child; or 
 60 3.c. Has a medical condition that necessitates an exception 
 61 as evidenced by appropriate documentation from a health care 
 62 professional. 
 63 (c)(b) The department shall provide notice of the 
 64 requirement for child restraint devices, which notice shall 
 65 accompany the delivery of each motor vehicle license tag. 
 66 (5) Any person who violates this section commits a moving 
 67 violation, punishable as provided in chapter 318 and shall have 
 68 3 points assessed against his or her driver license as set forth 
 69 in s. 322.27. In lieu of the penalty specified in s. 318.18 and 
 70 the assessment of points, a person who violates this section may 
 71 elect, with the court’s approval, to participate in a child 
 72 restraint safety program approved by the chief judge of the 
 73 circuit in which the violation occurs, and, upon completing such 
 74 program, the penalty specified in chapter 318 and associated 
 75 costs may be waived at the court’s discretion and the assessment 
 76 of points shall be waived. The child restraint safety program 
 77 must use a course approved by the Department of Highway Safety 
 78 and Motor Vehicles, and the fee for the course must bear a 
 79 reasonable relationship to the cost of providing the course. 
 80 S