Read the full stored bill text
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 m
ay
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 Section 3. This act shall take effect July 1, 2026.