CopyCited 111 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 9983, 1989 WL 67732
...1244 ,
99 L.Ed.2d 442 (1988). Because the evidence supported a verdict that appellants intended to distribute cocaine base, the district court correctly sentenced the appellants. Ill For the foregoing reasons, the judgment of the district court is AFFIRMED. 1 . Fla.Stat.Ann. §
316.614 (West Supp.1989) provides in relevant part: (4) It is unlawful for any person: (b) To operate a motor vehicle in this state unless the person is restrained by a safety belt....
CopyCited 17 times | Published | Supreme Court of Florida | 1996 WL 295106
...ry Council, Inc., Amicus Curiae. ANSTEAD, Justice. We have for review a decision of the First District Court of Appeal passing upon the following question certified to be of great public importance: IF EVIDENCE IS PRESENTED CONCERNING A VIOLATION OF SECTION 316.614, FLORIDA STATUTES, "THE FLORIDA SAFETY BELT LAW," AND THERE IS EVIDENCE THAT THE VIOLATION CONTRIBUTED TO THE INJURIES SUFFERED BY THE PLAINTIFF, SHOULD FLORIDA STANDARD JURY INSTRUCTION 4.11 (VIOLATION OF TRAFFIC REGULATION AS EVIDENCE OF NEGLIGENCE) BE GIVEN? Safety Kleen Corp....
...LAW and ANALYSIS Certified Question We first directly address the certified question. We find Florida case law clearly supports the district court's conclusion that the trial court erred in failing to instruct the jury on the seat belt statute and the effect of its violation. [1] Section 316.614, Florida Statutes (1995), provides in part: (4) It is unlawful for any person: (a) To operate a motor vehicle in this state unless each front seat passenger of the vehicle under the age of 16 years is restrained by a safety belt or by a child restraint device pursuant to s....
...(10) A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action. § 316.614(4), (5), (10), Fla.Stat....
...its deliberations.
587 So.2d at 614. These holdings support a conclusion that the trial court erred in failing to inform the jury that a violation of the Florida traffic regulation mandating the use of seat belts constitutes evidence of negligence. Section
316.614(10) of the seat belt statute may be somewhat confusing, but it expressly provides, consistent with the language of instruction 4.11, that "such violation [of the statute requiring the use of a seat belt] may be considered as evidence...
...igence contributed to plaintiff's injuries. [3] Thus, the *938 refusal to instruct the jury on this point cannot be considered harmless. Robinson,
611 So.2d at 608. Evolution of the Seat Belt Defense [4] We also hold, consistent with the language of section
316.614(10), that the failure to wear a seat belt should be properly raised by alleging the failure and its contributing effect to a claimant's damages as an issue of comparative negligence....
...nsider this factor, along with all other facts in evidence, in deciding whether the damages for which defendant may otherwise be liable should be reduced. George N. Meros, Jr. & Mary W. Chaisson, The Seat Belt Defense is Alive and Well Under Amended Section
316.614, 14 Trial.Advoc.Q. 9, 10 (Jan.1995) (quoting Pasakarnis,
451 So.2d at 454). 1986 Safety Belt Law In 1986, following our decision in Pasakarnis, the Florida Legislature passed the Florida Safety Belt Law. [7] Ch. 86-49, § 2, Laws of Fla. (codified at §
316.614(1)-(10), Fla....
...[8] The Florida Safety Belt Law makes it unlawful for a driver to operate a vehicle or for a person sixteen years of age or older to be a passenger in the front seat unless restrained by a safety belt. A front seat passenger under sixteen years of age must wear a safety belt or a child restraint device. § 316.614(4), (5), Fla.Stat....
...Echoing some of the language used in Pasakarnis, subsection (10) of the newly enacted law stated: "A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence in any civil action." § 316.614(10), Fla.Stat....
...itigate damages. Meros & Chaisson, supra, at 10. [9] These concerns and the continuing debate over the use of seat belts and the effect of their nonuse in litigation resulted in the legislature's reexamination of the issue in 1990. 1990 Amendment to Section 316.614(10) An amendment initially proposed in 1990 would have added two important phrases to *941 subsection (10) of section 316.614....
...n be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action. Ch. 90-119, § 24, at 382, Laws of Fla. [10] The amendment of section 316.614 in 1990 has led some to conclude that the legislature meant to do away with the use of the seat belt defense in civil actions as established in Pasakarnis....
...We also conclude that instruction 6.14 should no longer be used when a seat belt defense is pled as an affirmative defense. For example, the seat-belt statute makes no exception to its strict terms as to whether the vehicle is equipped with an available and fully operational seat belt. See § 316.614(4), (5), Fla.Stat....
...' argument that the standard instruction concerning the seat belt defense was sufficient and precluded the giving of an additional instruction on the traffic statute. The following exchange took place at the charge conference: [PLAINTIFFS' COUNSEL]: 316.614, it's my objection....
...t these standard instructions. THE COURT: I will agree. I am going to deny this, of course your objection is certainly noted for the record. [2] A committee note states that the Standard Jury Instructions Committee takes no position on the effect of section 316.614(10), Florida Statutes, on Florida Standard Jury Instruction (Civil) 6.14....
...However, the regulation gives states an opportunity to preclude the introduction of automatic protection systems by adopting mandatory seat belt laws which meet certain criteria. [9] In American Automobile Ass'n v. Tehrani,
508 So.2d 365 (Fla. 1st DCA 1987), the First District addressed the question of whether section
316.614, Florida Statutes (Supp.1986), "establish[ed] and control[led] the parameters of the Pasakarnis `seat belt defense.'" Id....
...Citation to the study indicates a strong public policy concern that seat belt use be encouraged. The Senate Staff Analysis came to similar conclusions. In its analysis, the Senate staff found that the sweeping amendment initially proposed to subsection (10) of section 316.614 would not only increase recoveries by plaintiffs, but would also increase the cost of automobile insurance by denying defendants and their insurance companies the use of the seat belt defense to mitigate damages....
...We concede that some of the language from the Pasakarnis opinion may have contributed to this concern. See supra note 6. Citing to the Tehrani decision, a Senate staff analysis concluded that the common law seat belt defense rule had survived the enactment of section 316.614 and operated in conjunction with the statute....
...Barker, 35 N.Y.2d 444, 363 N.Y.S.2d 916, 921, 323 N.E.2d 164, 168 (1974). [14] As discussed earlier herein, despite the strict language in the seat belt statute, the legislature did not make the failure to wear a seat belt negligence per se or prima facie evidence of negligence. § 316.614(10)....
CopyCited 14 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302
...person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances. [401.9] F.S. 316.614, provides that "[i]t is unlawful for any person ......
...OREPERSON *826 NOTE ON USE This model instruction illustrates the instruction to be given when it is alleged that a driver was comparatively negligent for not wearing a seat belt. Different factual situations may require that different portions of F.S. 316.614, be read or paraphrased....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1994 WL 478682
...appellant. As to appellant's second issue on appeal, we find no abuse of discretion in the trial court's qualification of expert witnesses. The judgments and sentences are AFFIRMED. JOANOS, LAWRENCE and DAVIS, JJ., concur. NOTES [1] Appellant cites section 316.614(5), Florida Statutes, which makes it unlawful for anyone over age 16 to be a front seat passenger unless restrained by a safety belt when the motor vehicle is in motion....
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...Most of the arguments put forward by appellees Tehrani and Lorestani in their motions for rehearing are impermissible reargument. The appellees' remaining arguments have been considered and found to be without merit. These issues include Tehrani's argument that our 1986 Legislature's passage of the Florida Safety Belt Law, § 316.614, Fla....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 2003 WL 19936
...or the purpose of issuing a citation.") (citing Cresswell v. State,
564 So.2d 480 (Fla.1990)); see also Welch v. State,
741 So.2d 1268 (Fla. 5th DCA 1999). The vehicle in which Hatcher was riding was stopped for violations of sections
316.151(1) and
316.614(5), Florida Statutes (2000)....
...Brookins,
614 F.2d 1037 (5th Cir.1980)); see also Jeffries,
797 So.2d at 578 (quoting Ruiz ). The State argues that Hatcher was observed riding in the passenger seat without a seat belt as the vehicle pulled into the parking lot. Because it is unlawful, according to section
316.614(5), Florida Statutes (2000), for any person eighteen years old or over to be a passenger in the front seat without utilizing the seat belt and because the driver or passenger may be issued a citation for violation of the seat belt req...
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1998 WL 821757
...THE SEATBELT DEFENSE Brito also challenges entry of partial summary judgment which found that the decedent was comparatively negligent for failing to wear his seatbelt at the time the collision occurred, and that such comparative negligence was a legal cause of his injury. Notwithstanding, section 316.614 Florida Statutes (1993), [7] the undisputed facts in this case demonstrate that Sandy's failure to wear a seatbelt, and his subsequent ejection from the jeep leading to his fatal injuries, constituted negligence as a matter of law....
...the chance to depose Arsob. Although we believe the better practice would have been to either continue the hearing or delay entry of summary judgment until such discovery was concluded, our reversal on the duty to warn issue moots this argument. [7] Section 316.614 states, in pertinent part, A violation of the provisions of this section shall not constitute negligence per se, nor shall a violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action. Fla.Stat. § 316.614(10) (1993).
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21654151
...Whether an officer's suspicion is reasonable is determined by the totality of the circumstances which existed at the time of the stop and is based solely on facts known to the officer before the stop. See McCloud v. State,
491 So.2d 1164 (Fla. 2d DCA 1986). Section
316.614(5), Florida Statutes (1999), provides that "[i]t is unlawful for any person 16 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion....
CopyCited 8 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 602, 2010 Fla. LEXIS 1780, 2010 WL 4117070
...person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances. [401.9] F.S. 316.614, provides that "[i]t is unlawful for any person ......
...___ FOREPERSON NOTE ON USE This model instruction illustrates the instruction to be given when it is alleged that a driver was comparatively negligent for not wearing a seat belt. Different factual situations may require that different portions of F.S. 316.614, be read or paraphrased....
CopyCited 7 times | Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 518, 2000 Fla. LEXIS 1371, 2000 WL 889771
...tion is not evidence of negligence. E.g., §
316.613, Fla. Stat. (19871997) (failure to provide and use a child passenger restraint inadmissible in civil action as evidence of negligence). The committee takes no position on the effect on SJI 6.14 of §
316.614(10), Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2008 WL 397349
...Leroy would result in an anomaly "in Florida law because injured children between the ages of six and eighteen would be allowed to recover in a negligence action against a caretaker based on evidence that the child was not *654 properly restrained by a seat belt under section
316.614, Florida Statutes, see Cybroski v. Wright,
927 So.2d 1089 (Fla. 4th DCA 2006), but injured children five years of age or younger would not be allowed to recover based on the prohibition of similar evidence under section
316.613(3). Both sections
316.613 and
316.614 were enacted in large part to protect children from injuries in automobile accidents, yet, according to the argument advanced by Mrs....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...However, defendant Pages has raised the affirmative defense of failure to wear a seat belt. By statute, failure to wear a seat belt may be considered as evidence of comparative negligence and not in mitigation of damages, which accordingly may affect the apportionment of liability between the parties. § 316.614(10), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1995 Fla. App. LEXIS 12587, 1995 WL 712528
...r disqualification. We do, however, agree that the trial court erred by granting summary judgment on the seat belt defense. The trial court should not have granted summary judgment on the seat belt defense, as Penland relied on an amended version of section 316.614(10), which provides in pertinent part: A violation of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, though such a...
...the jury could make from the evidence, then there could be nothing prejudicial about the expert's testimony. Even with the wide range of discretion given to a trial judge, I would reverse the order granting a new trial. I concur that the version of section 316.614(10) prior to the 1990 amendment is controlling in this case.
CopyCited 5 times | Published | Supreme Court of Florida | 19 Fla. L. Weekly Supp. 54, 1994 Fla. LEXIS 74, 1994 WL 19518
...usan Curtis' failure to wear a seat belt. The Court in entering judgment will make the appropriate reduction. [4] We note that, in 1986, the legislature enacted the "Florida Safety Belt Law," requiring the use of seat belts by front seat passengers. § 316.614, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 15940
punishable as [a noncriminal traffic infraction].” § 316,614(7)-(8), Fla. Stat. (2015) (emphasis added). Clearly
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 976
...[3] Such a construction was in fact placed upon the Tennessee statute by the Court of Appeals of Tennessee, Middle Section, in Stallcup v. Taylor, 62 Tenn. App. 407, 463 S.W.2d 416 (1970). [4] The Pasakarnis rule has since been statutorily codified in Florida. See §
316.614, Fla. Stat. (Supp. 1986), and American Auto. Ass'n v. Tehrani,
508 So.2d 365, 370 (Fla. 1st DCA 1987) (on rehearing). Section
316.613(3) also remains intact following the adoption of section
316.614....
CopyCited 1 times | Published | Supreme Court of Florida | 2013 WL 2349287
person would do under like circumstances. [401.9] F.S. 316,614, provides that “[i]t is unlawful for any person
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2006 WL 1329522
...to watch over, supervise, and protect their children who are too young to exercise judgment to care for themselves."). In granting summary judgment in favor of the parents, the trial court concluded that the Florida Safety Belt Law, Florida Statutes section 316.614, [1] precluded a cause of action. Pursuant to section 316.614(4)(a), Florida Statutes (2005), it is illegal to "operate a motor vehicle in this state unless each passenger and the operator of the vehicle under the age of 18 years are restrained by a safety belt or by a child restraint device pursuant to s....
...316.613, if applicable." A violation of the provisions of this section shall not constitute negligence per se, nor shall such violation be used as prima facie evidence of negligence or be considered in mitigation of damages, but such violation may be considered as evidence of comparative negligence, in any civil action. § 316.614(10), Fla....
..."[T]he presumption is that no change in the common law is intended unless the statute is explicit in this regard." Id. (citation omitted). *1091 In Ridley v. Safety Kleen Corp.,
693 So.2d 934, 941 (Fla.1996), the supreme court explained that "the 1990 amendment [of section
316.614] was enacted to clarify and standardize the manner in which a plaintiff's failure to use a seat belt was to be utilized in a civil action, and to preclude the possibility that an injured plaintiff would be penalized twice for failing to use an available seat belt." There is no indication the Legislature intended to eliminate a parent's liability for failing to protect his or her child. Thus, contrary to the parents' assertions, section
316.614 did not displace the common law right to bring a cause of action for a parent's failure to exercise a duty of care....
...Section
316.613 refers to the use of child restraint devices when transporting children five years of age or younger. Because Melanie was twelve-years-old at the time of the accident, we assume the trial court's reference to section
316.613, instead of section
316.614, was a scrivener's error.
CopyCited 1 times | Published | Supreme Court of Florida | 1989 WL 24051
...iolation is not evidence of negligence. E.g., §
316.613, Fla. Stat. (1987) (failure to provide and use a child passenger restraint inadmissible in civil action as evidence of negligence). The committee takes no position on the effect on SJI 6.14 of §
316.614(10), Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 5118, 2015 WL 1545005
...liable should be reduced.
Id. at 454.
In 1986 the Florida Legislature enacted the Florida Safety Belt Law,
which established that it is unlawful “[t]o operate a motor vehicle in this
state unless the person is restrained by a safety belt.” § 316.614(4)(b), Fla.
Stat....
...The statute provides that a violation “shall not constitute
negligence per se, nor shall such violation be used as prima facie evidence
of negligence or be considered in mitigation of damages, but such violation
may be considered as evidence of comparative negligence, in any civil
action.” § 316.614(10), Fla....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
exempt from the safety belt requirements of section
316.614, Florida Statutes. However, a van designed
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
Statutes, and the safety belt requirements in section
316.614, Florida Statutes, when the governing body
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
violation of Florida's mandatory seat belt law, section
316.614, Florida Statutes, when no other charges are
CopyPublished | Supreme Court of Florida | 2013 WL 2248678
person would do under like circumstances. [401.9] F.S.
316.614, provides that “[ijt is unlawful for any person
CopyPublished | Florida 5th District Court of Appeal | 1989 WL 20682
...uld diminish his appreciation for automobile safety measures including the use of a seat belt. Our holding that Fleming was not under a duty to fasten Bonds's seat belt is consistent with the public policy expressed within Florida's Safety Belt Law, section 316.614, Florida Statutes (1988)....
...Enacted after this suit was initiated and thus technically inapplicable, the statute, nonetheless, requires front seat passengers over 16 years of age to buckle up, but the driver is not accountable nor negligent if the passenger fails to do so. See § 316.614(5), (10)....
CopyPublished | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 2251
apportionment of liability between the parties. §
316.614(10), Fla.Stat. (1993). Given the unique aspect
CopyPublished | District Court of Appeal of Florida | 1991 WL 173014
instruction). As for the applicability of Section 316.-614, Florida Statutes (Supp.1990), this issue
CopyPublished | Supreme Court of Florida
do under like circumstances. [401.9] F.S.
316.614, provides that “[i]t is unlawful for any person
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
The Legislature has expressly mandated in section
316.614(9), Florida Statutes, that enforcement of the
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
integrated child seat, or a seat belt may be used." Section
316.614(3)(c), Florida Statutes, defines "[r]estrained
CopyPublished | Supreme Court of Florida
do under like circumstances. [401.9] F.S.
316.614, provides that "[i]t is unlawful for
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
the "Florida Safety Belt Law."10 Pursuant to section
316.614(4), Florida Statutes, it is unlawful for any
