Florida Senate - 2018 SB 92
By Senator Book
1 A bill to be entitled
2 An act relating to children in motor vehicles;
3 amending s. 316.6135, F.S.; prohibiting a parent,
4 legal guardian, or other person responsible for a
5 child younger than a specified age from leaving the
6 child unattended or unsupervised in a motor vehicle
7 for any length of time; providing criminal penalties;
8 providing an effective date.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Section 316.6135, Florida Statutes, is amended
13 to read:
14 316.6135 Leaving children unattended or unsupervised in
15 motor vehicles; penalty; authority of law enforcement officer.—
16 (1) A parent, legal guardian, or other person responsible
17 for a child younger than 6 years of age may not leave the child
18 unattended or unsupervised in a motor vehicle for any length of
20 (a) For a period in excess of 15 minutes;
21 (b) For any period of time if the motor of the vehicle is
22 running, the health of the child is in danger, or the child
23 appears to be in distress.
24 (2) Any person who violates subsection (1) the provisions
25 of paragraph (1)(a) commits a misdemeanor of the second degree,
26 punishable as provided in s. 775.082 or s. 775.083.
27 (3) Any person who violates the provisions of paragraph
28 (1)(b) is guilty of a noncriminal traffic infraction, punishable
29 by a fine not less than $50 and not more than $500.
30 (3) (4) Any person who violates subsection (1) and in so
31 doing causes great bodily harm, permanent disability, or
32 permanent disfigurement to a child commits a felony of the third
33 degree, punishable as provided in s. 775.082, s. 775.083, or s.
35 (4) (5) Any law enforcement officer who observes a child
36 left unattended or unsupervised in a motor vehicle in violation
37 of subsection (1) may use whatever means are reasonably
38 necessary to protect the minor child and to remove him or her
39 the child from the vehicle.
40 (5) (6) If the child is removed from the immediate area,
41 notification should be placed on the vehicle.
42 (6) (7) The child shall be remanded to the custody of the
43 Department of Children and Families pursuant to chapter 39,
44 unless the law enforcement officer is able to locate the parents
45 or legal guardian or other person responsible for the child.
46 Section 2. This act shall take effect October 1, 2018.