Florida’s Booster Seat Law Breakdown
The State of Florida has relatively simple booster seat laws that are easy to follow. Under Florida law, a child must begin riding in a booster seat after they have outgrown their car seat. To be safe, however, it is best to keep your child in their car seat for as long as possible. In general, children are required to remain in a booster seat until they are 8 years or older. When it comes to booster seats, Florida law are not complicated as they have a clear cut rule regarding when a child must be in a booster seat and under what conditions and when they can get rid of that booster seat.
Of course, it is important to note that the booster seat laws in Florida are merely the minimum requirement. Parents who want to keep their children in a booster seat longer are always allowed to do so if they choose. Additionally, parents are provided with certain exemptions if they wish to avoid using a booster seat, and we will explain these exempt circumstances below.
Florida law requires that children who have outgrown their car seat must be in a booster seat until they are at least 8 years old and between 4 feet 9 inches and 5 feet 3 inches . In most cases, in order for the child to transition from a booster seat to a car seat, they must make it to 8 years old, be at least 4 feet 9 inches tall, and weigh at least 65 pounds. They must also be able to go from a sitting position to a standing position without assistance. Finally, they need to be able to buckle themselves in and out of the seat independently.
In certain circumstances, Florida law allows for the exemption of booster seats. Most notably, if the child is 4 foot 9 inches tall or taller, they do not need a booster seat. Additionally, if there are other circumstances involved, such as the child being in a specialized medical device that prevents them from using booster seats, parents may be exempted. In some cases, parents will need to provide written documentation to law enforcement to verify the circumstances of the exemption. Remember, even if your child meets the exemption, it is safer to keep them in a booster seat for as long as they can fit.
The Intent and Importance of a Booster Seat Law
Just when parents think they have finally figured out how to keep their children safe in a vehicle, another law comes to light. In less than a decade, the Florida statutes have had several changes; the size of safety belts has grown, booster seats became a staple for vehicles, and recent laws need to be addressed when it comes to whether your child is safe on the road.
Booster seat laws have been around for many years now, but very few parents understand why they are in place and the purpose behind the debate as to whether booster seats should be used. In commercial truck, semi-truck, and 18 wheeler accidents, it is not uncommon for general population to be involved in an accident with the commercial truck. This is where the reasoning behind booster seat requirements come into play. When children are involved in car accidents, there is a high risk of injury to the neck, back, and head. These injuries can be avoided or greatly lessened when the child is buckled properly in a safety seat or a booster seat. In a car crash, the main goal is to avoid contact with the frame of the automobile. The interior elements of the car are designed to protect the passengers from ejection from the vehicle and to reduce the force of impact. A 30 mph crash results in an impact comparable to a 500 pound weight being dropped off a 6 foot building onto your body.
As the child grows, so does the risks of an improper fit with the lap belt. When the lap belt does not properly fit, the child is at an increased risk to fly under the lap belt, which puts the child at a high risk of spinal injury. Many parents think that a car accident is the worst type of injury a child can sustain. However, many children are paralyzed due to an improperly fitting lap belt.
Fines and Penalties for Violations
For parents and guardians who may be tempted to ignore Florida’s booster seat laws, the penalties for non-compliance are significant and can add up quickly. First and foremost, it is essential to understand that failure to use a booster seat is not a minor offense. In fact, it is considered a non-criminal traffic violation, subject to a fine of $60.00 and 3 points against the parent or legal guardian’s driving record. Two points for the failure to secure a baby under 1-year-old during transport in a motor vehicle may also be assessed in the case of negligence to a child under the age of 16 at the time of a crash. And to be quite clear, the law states that the penalty for failure to use a booster seat is exactly the same as the penalty for not properly restraining a child using an infant seat or a regular seat belt. As far as insurance coverage is concerned, the good news is that most are more than happy to pay for booster seats and other safety materials as long as they are certified and do not exceed the reasonable cost of one or two booster seats. Furthermore, Florida Statute 316.613(4) states that insurance companies must comply with the state’s mandatory seat belt use laws. Under no circumstances, then, would the injured family ever be responsible for paying for their child’s safety equipment in the aftermath of a serious car crash.
When it comes to the non-compliance of parents or legal guardians, points on the motorist’s record can add up quickly. If the negligent family is in a car crash while violating Florida’s booster seat laws, the penalties will be severe. From an insurance perspective, liability will most likely fall on the negligent parent or legal guardian and the driver of the other vehicle.
Proper Use of a Booster Seat
To ensure that a booster seat is properly used, it is important to check the manufacturer’s instructions for the specific model’s best practices. However, no matter the specific make of model, there are some basic guidelines that all parents and guardians need to follow: If you have any questions about the proper installation or use of a booster seat, you are encouraged to contact a child safety seat technician. All parents and guardians should be aware that many local police departments, fire stations, or hospitals offer free car seat checks through programs with certified safety professionals . This is an excellent resource for parents as it is in the best interest of parents and guardians to ensure that their child or children are safely secured while in transit. In the event of a car accident, a booster seat that has not been properly installed can lead to serious injury or death. In addition, a properly used booster seat can result in a serious injury to a child if the impact of a crash causes the seat to move out of position, or if the seatbelt is not properly secured across the child’s body. It is vital that all parents and guardians take the time to guarantee their child is safe in a booster seat.
Current Statute Amendments and Changes
In the 2019 legislative session, there were several new amendments to the Florida Booster Seat Statues. Some changes to the Florida booster seat laws go into effect immediately, with others becoming effective October 1, 2019. The Florida Booster Seat Law is now found in ยง 316.613, Florida Statutes. Importantly, the change to 4 years of age versus 5 years of age went into effect immediately upon passage of the bill. Thus, effective June 2019, a child in the State of Florida MUST USE a car seat until the child is at least 4 years of age. Further, a booster seat is NOT REQUIRED until the child is 6 years of age. Additionally, child MUST be in appropriate safety restraints until 13 years of age. It is critically important to note that parents and caregivers have until January 1, 2020, to comply with a new requirement that a parent or legal guardian of a child who is four years of age to obtain and use a child restraint. Carriers and drivers of a motor vehicle who are caregivers of a child who is four years of age have until January 1, 2020, to become compliant. Then there is the new timeline more specifically addressing six (6) years until the child is five (5) years of age, and then it shifts to six (6) years. This second deadline will not become effective until October 1, 2019. In the interim, failure to use a child booster seat up until age 6 is also a secondary offense which means the driver does not have to be pulled over for age 6 – to be pulled over they must be actually caught not in compliance. Additionally, nothing was actually changed with the 13 years of age law. The 13 years of age law is already in effect and because it did not change, it is clear that it was not intended to change.
Helpful Resources for Parents
For parents and guardians, access to reliable information and local resources is essential to ensure their child’s car seat or booster seat is being used properly. There are numerous places where parents can go to receive information on car seat safety, installation of car seats and booster seats, as well as other opportunities to learn about car seat safety.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) provides several options for parents seeking to learn about Florida’s booster seat laws. The FLHSMV website offers general information on booster seat laws; information regarding the consequences of an accident involving a child who is not properly restrained; and information on the American Academy of Pediatrics’ recommendation for children to stay in booster seats until they are 8 years old and 57 inches tall.
Parents seeking to learn more about car seat safety can also call the National Highway Traffic Safety Administration or visit its website. The NHTSA maintains a schedule of Child Passenger Safety Technicians and available inspection stations. Parents can schedule an appointment with a Child Passenger Safety Technician in their area to get their car seats inspected or receive guidance on how to properly install car seats and booster seats. If there are no certified technicians in the area, parents can speak with certified inspectors over the phone . These inspection clinics and services are free of cost. Some local fire and police departments also provide similar services.
Another place to receive car seat assistance is from your local county health department. Many health departments have certified Child Passenger Safety Technicians. In addition to scheduling an appointment for the installation or inspection of car seats, these technicians may also have car seats available to provide to parents at reduced cost.
Parents and guardians living near hospitals may also be able to access free assistance to determine whether a child is properly restrained in a car seat or booster seat. Some hospitals have certified Child Passenger Safety Technicians who will inspect car seats or booster seats and install the seats as needed. Other hospitals and health care providers may also offer educational programs and parenting classes that cover car seat safety.
Parents and guardians should be aware that all parents and guardians, not just birth parents, regardless of marital status with the birth parent, may enroll in parenting classes offered through many hospitals. Parents in stepparent relationships with minor children, grandparents raising minor children, adoptive parents, foster parents, and unmarried partners of parents may all be able to take parenting classes offered through their local hospitals.