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HB 233 2026
CODING: Words stricken are deletions; words underlined are additions.
hb233-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to child restraint requirements; 2
amending s. 316.613, F.S.; requiring certain children 3
to be restrained in a child booster seat; providing 4
exceptions; providing penalties; providing an 5
effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
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Section 1. Subsection (1) of section 316.613, Florida 10
Statutes, is amended, and subsection (5) of that section is 11
reenacted, to read: 12
316.613 Child restraint requirements.— 13
(1)(a) Every operator of a motor vehicle as defined in 14
this section, while transporting a child in a motor vehicle 15
operated on the roadways, streets, or highways of this state, 16
shall, if the child is 8 5 years of age or younger, provide for 17
protection of the child by properly using a crash-tested, 18
federally approved child restraint device. 19
1. For children aged through 3 years, such restraint 20
device must be a separate carrier or a vehicle manufacturer's 21
integrated child seat. 22
2. For children aged 4 through 5 years, a separate 23
carrier, an integrated child seat, or a child booster seat may 24
be used. 25
HB 233 2026
CODING: Words stricken are deletions; words underlined are additions.
hb233-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. For children aged 6 through 8 years, such restraint 26
device must be a child booster seat. This subparagraph does not 27
apply to a child over 4 feet 9 inches in height. 28
(b) However, The requirement to use a child restraint 29
device under subparagraph (a)2. or subparagraph (a)3. this 30
subparagraph does not apply when a safety belt is used as 31
required in s. 316.614(4)(a) and the child: 32
1.a. Is being transported gratuitously by an operator who 33
is not a member of the child's immediate family; 34
2.b. Is being transported in a medical emergency situation 35
involving the child; or 36
3.c. Has a medical condition that necessitates an 37
exception as evidenced by appropriate documentation from a 38
health care professional. 39
(c)(b) The department shall provide notice of the 40
requirement for child restraint devices, which notice shall 41
accompany the delivery of each motor vehicle license tag. 42
(5) Any person who violates this section commits a moving 43
violation, punishable as provided in chapter 318 and shall have 44
3 points assessed against his or her driver license as set forth 45
in s. 322.27. In lieu of the penalty specified in s. 318.18 and 46
the assessment of points, a person who violates this section may 47
elect, with the court's approval, to participate in a child 48
restraint safety program approved by the chief judge of the 49
circuit in which the violation occurs, and, upon completing such 50
HB 233 2026
CODING: Words stricken are deletions; words underlined are additions.
hb233-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
program, the penalty specified in chapter 318 and associated 51
costs may be waived at the court's discretion and the assessment 52
of points shall be waived. The child restraint safety program 53
must use a course approved by the Department of Highway Safety 54
and Motor Vehicles, and the fee for the course must bear a 55
reasonable relationship to the cost of providing the course. 56
Section 2. This act shall take effect July 1, 2026. 57