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Law Would Let Police Stop Unbuckled Drivers: If Florida Lawmakers Strengthened the State's Seat-Belt Law, the State Could Get Millions of Federal Dollars

Posted on: Sunday, 12 March 2006, 06:00 CST

By Phil Long, The Miami Herald

Mar. 12--Florida would get $35.5 million in new federal transportation grants if the Legislature strengthens the state's seat-belt law, a move that more importantly, backers say, would make roads less deadly.

But to get the federal money Florida must boost its seat-belt use rate to 85 percent of drivers or join other primary-enforcement states that allow police to stop drivers for seat-belt violations.

Florida restricts police to enforcing most seat-belt laws only when the driver is stopped for some other infraction, such as speeding or running a red light. Police can stop a car for a child-restraint violation or if someone under 18 is not buckled up.

Changing the law would be an uphill battle during this session of the Legislature.

"It is not every day that Florida state lawmakers can save thousands of lives with a single vote, but that is exactly what they can do with a vote for a new primary safety-belt law," U.S. Secretary of Transportation Norman Y. Mineta said in a statement to The Miami Herald.

Mineta's office estimates Florida would save 192 lives, 2,792 serious injuries and $589 million in medical costs each year with a primary-enforcement law. Those figures are based on an estimated 11 percentage point increase in seat-belt use that primary enforcement would bring about.

MULTIPLE ATTEMPTS

Though the measure has been brought up almost every session of the Legislature for the past dozen years, it has never passed both chambers.

Last year the Legislature strengthened the seat-belt law, allowing primary enforcement for people under 18. The law went into effect July 1, but because of the way the state keeps records, there is no way to know how many drivers have been cited.

But the change doesn't apply to other drivers and passengers, including those with the worst accident death rate in Florida -- people ages 21-24.

FLORIDA HIGH-RISK

Within that group the death rate, 27.03 per 100,000 people, was 34 percent higher for Florida than for the average state of Transportation

with primary enforcement, according to an analysis of National Highway Traffic Safety Administration statistics for 2004.

Florida's 2004 death rate for all ages, 11.96, was 18 percent higher than the 23 states with primary enforcement.

The state's overall seat-belt use declined between 2004 and 2005 to 73.9 percent from 76.3. That puts Florida 41st among the 48 states, Washington, D.C., and Puerto Rico that reported seat-belt use in 2005. The national average is 82 percent.

Even drivers well into their 20s "think they are invincible and they know there is no enforcement when it comes to the seat-belt law," said South Florida State Rep. Irv Slosberg, who has filed a primary-enforcement bill in the House. "So unfortunately, they are not buckling up the way they should be buckling up."

Slosberg's daughter, Dori, was killed in a car crash in 1996 when she was 14. She was not wearing a seat belt.

Jorge Lopez, president of the Florida College of Emergency Room Physicians, supports the stronger law, as does the Florida Police Chiefs Association.

Strengthening the law is not only "pure common sense" from a safety standpoint, said Kevin Bakewell, spokesman for the four-million-member AAA Auto Club South, but Florida is in no position to walk away from $35.5 million.

"We are going to do whatever we can to make this happen this year," Bakewell said. "We've got our best shot to date in probably 15 years."

OPPOSITION

The $35.5 million grant is an incentive, said State. Sen. Jim Sebesta, chair of the Senate Transportation Committee, but it's too early to tell whether there is enough support to take on the issue in the Senate.

State Senate President Tom Lee sees primary enforcement as "a fundamental, philosophical issue that the Legislature has got to decide."

Lee said he would not vote for primary enforcement, but added he would not keep it from being on the agenda or getting a hearing.

Another Senate opponent of primary enforcement hasn't changed his mind, either.

"I am not so sure the Senate would have much taste for revisitation when we just did this bill last year," said Sen. Jim King, a Jacksonville-area Republican and former Senate president.

Miami Herald staff writer Mary Ellen Klas contributed to this report.

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Copyright (c) 2006, The Miami Herald

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Source: The Miami Herald

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