House Bill 1787

    Florida House of Representatives - 1999                HB 1787

        By Representative Villalobos






  1                      A bill to be entitled

  2         An act relating to child abuse; amending s.

  3         316.6135, F.S.; revising language with respect

  4         to leaving a child unattended or unsupervised

  5         in a motor vehicle; providing penalties;

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Section 316.6135, Florida Statutes, is

11  amended to read:

12         316.6135  Leaving children unattended or unsupervised

13  in motor vehicle; penalty; authority of law enforcement

14  officer.--

15         (1)  No parent, legal guardian, or other person

16  responsible for a child younger than 10 years of age 6 years

17  of age shall leave such child unattended or unsupervised in a

18  motor vehicle for any period of time a period in excess of 15

19  minutes; however, no such person shall leave a child

20  unattended for any period of time if the motor of the vehicle

21  is running or the health of the child is in danger.

22         (2)  No parent, legal guardian, or other person

23  responsible for a child between the ages of 10 through 15

24  shall leave such child unattended or unsupervised in a motor

25  vehicle for a period in excess of 15 minutes; however, no such

26  person shall leave a child unattended for any period of time

27  if the motor vehicle is running or the health of the child is

28  in danger. Any person who violates the provisions of

29  subsection (1) is guilty of a noncriminal traffic infraction,

30  punishable by a fine of:

31         (a)  Not more than $100; or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1787

    509-166-99






  1         (b)  Not less than $50 and not more than $500 if the

  2  motor of the vehicle was running or the health of the child

  3  was in danger at the time of the violation.

  4         (3)  Any person who violates the provisions of

  5  subsection (1) or subsection (2) is guilty of a misdemeanor of

  6  the first degree, punishable as provided for in s. 775.082 or

  7  s. 775.083.

  8         (4)  Any law enforcement officer who observes a child

  9  left unattended or unsupervised in a motor vehicle in

10  violation of subsection (1) or subsection (2) may use whatever

11  means are reasonably necessary to protect the minor child and

12  to remove the child from the vehicle.

13         (5)(4)  If the child is removed from the immediate area

14  notification should be placed on the vehicle.

15         (6)(5)  The child shall be remanded to the custody of

16  the Department of Children and Families Health and

17  Rehabilitative Services pursuant to chapter 39, unless the law

18  enforcement officer is able to locate the parents or legal

19  guardian or other person responsible for the child.

20         Section 2.  This act shall take effect July 1, 1999.

21

22            *****************************************

23                          HOUSE SUMMARY

24
      Prohibits any parent, legal guardian, or other person
25    responsible for a child younger than 10 years of age from
      leaving such a child unattended or unsupervised in a
26    motor vehicle for any period of time and prohibits
      leaving children who are between the ages of 10 and 15
27    unattended or unsupervised in a motor vehicle for a
      period of time in excess of 15 minutes. Provides a first
28    degree misdemeanor penalty for violations.

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