The Florida Senate

316.6135  Leaving children unattended or unsupervised in motor vehicle; penalty; authority of law enforcement officer.--

(1)  No parent, legal guardian, or other person responsible for a child younger than 6 years of age shall leave such child unattended or unsupervised in a motor vehicle for a period in excess of 15 minutes; however, no such person shall leave a child unattended for any period of time if the motor of the vehicle is running or the health of the child is in danger.

(2)  Any person who violates the provisions of subsection (1) is guilty of a noncriminal traffic infraction, punishable by a fine of:

(a)  Not more than $100; or

(b)  Not less than $50 and not more than $500 if the motor of the vehicle was running or the health of the child was in danger at the time of the violation.

(3)  Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle.

(4)  If the child is removed from the immediate area notification should be placed on the vehicle.

(5)  The child shall be remanded to the custody of the Department of Children and Family Services pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.

History.--s. 1, ch. 85-229; s. 4, ch. 87-225; s. 330, ch. 95-148; s. 57, ch. 99-8; s. 241, ch. 99-248.