TALLAHASSEE, Fla. – Florida lawmakers have proposed a bill that could set tougher safety requirements for parents and drivers when driving with young children, including raising the age for children to be in booster seats from 5 to 8.
The legislation, SB 1384, also expands and clarifies how children must be restrained on motorcycles or mopeds, intending to reduce injuries and deaths in crashes.
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One key change seeks to make it illegal for anyone operating a motorcycle or moped to carry a child under 8 years old— or allow a child under 8 to ride—unless:
- The child is properly seated in a sidecar attached to the motorcycle or moped, and
- The child is restrained according to applicable passenger safety laws and regulations.
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This restriction does not apply to riders participating in a parade.
If signed into law, it would go into effect on July 1.
The bill also tightens Florida’s child car seat and booster seat laws by extending the requirement for child restraint devices to all children 8 years of age or younger (previously up to age 5).
Under the new rules, drivers must use a crash‑tested, federally approved child restraint device for children 8 and under. The type of restraint varies by age:
Through Age 2
- Children through age 2 must ride in a rear‑facing seat with a 5‑point harness.
Ages 3–4
- Children ages 3 and 4 may ride rear‑facing or forward‑facing,
- But in either case, they must be in a seat that uses a 5‑point harness.
Ages 5–8
- Children ages 5 through 8 must be in one of the following:
- A booster seat that uses the vehicle’s regular seat belt, or
- A forward‑facing child seat with a 5‑point harness.
This booster/forward‑facing requirement does not apply to a child who is taller than 4 feet 9 inches.
The law allows certain exceptions where a standard child restraint device is not required, and a seat belt alone may be used instead. Those include situations where:
- The child is being transported for free by someone who is not a member of the child’s immediate family.
- The child is being transported during a medical emergency involving the child.
- The child has a medical condition that requires an exception, backed by appropriate documentation from a health care professional.
Violations of the child restraint law will continue to be treated as moving violations, with offenders getting three points added to their driver’s license.
However, the bill allows judges some flexibility. Instead of paying the fine and accepting points, a driver may, with the court’s approval, choose to complete a child restraint safety program:
- The Department of Highway Safety and Motor Vehicles must approve the course.
- If the driver completes the course, the court may waive the fine, court costs, and the license points.
The Department of Highway Safety and Motor Vehicles will also continue to provide notice of child restraint requirements when issuing motor vehicle license tags.