Senate Bill 2512

    Florida Senate - 1999                                  SB 2512

    By Senator Diaz-Balart





    37-1290-99

  1                      A bill to be entitled

  2         An act relating to unattended children in motor

  3         vehicles; amending s. 316.6135, F.S.; revising

  4         provisions relating to leaving children

  5         unattended in motor vehicles; prohibiting

  6         leaving children younger than a specified age

  7         unattended in a motor vehicle; providing

  8         criminal penalties; providing an effective

  9         date.

10

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

12

13         Section 1.  Section 316.6135, Florida Statutes, is

14  amended to read:

15         316.6135  Leaving children unattended or unsupervised

16  in motor vehicle; penalty; authority of law enforcement

17  officer.--

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

19  responsible for a child younger than 10 6 years of age shall

20  leave such child unattended or unsupervised in a motor vehicle

21  for a period in excess of 15 minutes; however, no such person

22  shall leave a child unattended for any period of time if the

23  motor of the vehicle is running or the health of the child is

24  in danger.

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

26  responsible for a child between the ages of 10 through 15,

27  shall leave such child unattended or unsupervised in a motor

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

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

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

31  in danger.

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






    Florida Senate - 1999                                  SB 2512
    37-1290-99




  1         (3)(2)  Any person who violates the provisions of

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

  3  the first degree noncriminal traffic infraction, punishable as

  4  provided in s. 775.082 or s. 775.083. by a fine of:

  5         (a)  Not more than $100; or

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

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

  8  was in danger at the time of the violation.

  9         (4)(3)  Any law enforcement officer who observes a

10  child left unattended or unsupervised in a motor vehicle in

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

12  means are reasonably necessary to protect the minor child and

13  to remove the child from the vehicle.

14         (5)(4)  If the child is removed from the immediate area

15  notification should be placed on the vehicle.

16         (6)(5)  The child shall be remanded to the custody of

17  the Department of Children Health and Family Rehabilitative

18  Services pursuant to chapter 39, unless the law enforcement

19  officer is able to locate the parents or legal guardian or

20  other person responsible for the child.

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

22

23            *****************************************

24                          SENATE SUMMARY

25    Prohibits leaving children younger than 10 years of age
      unattended in a motor vehicle for any period of time.
26    Prohibits leaving certain older children unattended for
      certain periods of time. Provides criminal penalties for
27    violations.

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