Senate Bill 128 says yes

Ashley Hunter
ECB Publishing, Inc.

A new bill has been filed for discussion during the 2019 session of the Florida Senate that would create stricter punishments and allow the Department of Children and Families to investigate families whose children are unbuckled during a traffic collision.
Under present Florida law, a driver who is involved in a traffic stop and is discovered to be driving with an unbuckled minor may be issued a ticket for committing a moving violation.
Currently, Florida Statute 316.613, which handles child restraint requirements, states that “the failure to provide and use a child passenger restraint shall not be considered comparative negligence.”
However, that may change in the upcoming Senate session.
Senate Bill 128 will be brought before Florida Senators during the 2019 session; the bill proposes to change the way that unbuckled
minors are handled in the event of a traffic stop or vehicle wreck.
According to the bill, the act of leaving a child unbuckled while the vehicle is being driven could be considered an act of child abuse.
This bill will expand the list of incidents or injuries that constitute harm to a child’s health or welfare, and should the bill pass, it will include incidents or injuries that take place due to violations of current child restraint and seatbelt laws.
Should this bill become law, it will allow the Department of Children and Families to investigate occasions where a child is unrestrained and injured in a vehicle collision, and the department will classify the investigation as an act of child abuse from the driver.
Senate Bill 128 was filed for the 2019 Senate session on December 5.
Should it become law, it will take effect on July 1.
To read more about Senate Bill 128, visit the Florida Senate’s online database at: flsenate.gov/Session/Bill/2019/00128.