House Bill 0203

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    Florida House of Representatives - 2000                 HB 203

        By Representative Cantens






  1                      A bill to be entitled

  2         An act relating to traffic control; amending s.

  3         316.6135, F.S.; providing definitions;

  4         providing penalties for leaving a child under a

  5         certain age unattended or unsupervised in a

  6         motor vehicle; 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)  As used in this section:

16         (a)  "Unattended" means that the parent, legal

17  guardian, or the person responsible for the child is more than

18  10 feet from the child and is unable to continuously observe

19  the child.

20         (b)  "Unsupervised" means that no person older than 11

21  years of age remains in the motor vehicle with the child.

22         (2)(1)  No parent, legal guardian, or other person

23  responsible for a child younger than 6 years of age shall

24  leave such child unattended or unsupervised in a motor vehicle

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

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

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

28  in danger. Any person who violates the provisions of this

29  subsection is guilty of a noncriminal traffic infraction,

30  punishable by a fine of $10.

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






    Florida House of Representatives - 2000                 HB 203

    702-120-00






  1         (3)  Any parent, legal guardian, or other person

  2  responsible for a child younger than 6 years of age who

  3  commits a violation of subsection (2) and who has previously

  4  been found to have violated that subsection, or who leaves

  5  such child unattended or unsupervised for a period in excess

  6  of 15 minutes, or who leaves a child unattended for any period

  7  of time if the motor of the vehicle is running or the health

  8  of the child is in danger commits a misdemeanor of the first

  9  degree, punishable as provided in s. 775.082 or s. 775.083.

10         (2)  Any person who violates the provisions of

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

12  punishable by a fine of:

13         (a)  Not more than $100; or

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

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

16  was in danger at the time of the violation.

17         (4)(3)  Any law enforcement officer who observes a

18  child left unattended or unsupervised in a motor vehicle in

19  violation of this section subsection (1) may use whatever

20  means are reasonably necessary to protect the minor child and

21  to remove the child from the vehicle.

22         (5)(4)  If the child is removed from the immediate area

23  notification should be placed on the vehicle.

24         (6)(5)  The child shall be remanded to the custody of

25  the Department of Children and Family Services pursuant to

26  chapter 39, unless the law enforcement officer is able to

27  locate the parents or legal guardian or other person

28  responsible for the child.

29         Section 2.  This act shall take effect October 1, 2000.

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






    Florida House of Representatives - 2000                 HB 203

    702-120-00






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  2                          HOUSE SUMMARY

  3
      Provides that no parent, legal guardian, or other person
  4    responsible for a child younger than 6 years of age shall
      leave such child unattended or unsupervised in a motor
  5    vehicle. Provides that such a violation is a noncriminal
      traffic infraction, punishable by a fine of $10. Provides
  6    that any parent, legal guardian, or other person
      responsible for a child younger than 6 years of age who
  7    commits a violation of the act and who has previously
      been found to have violated the act, or who leaves such
  8    child unattended or unsupervised for a period in excess
      of 15 minutes, or who leaves a child unattended or
  9    unsupervised for any period of time if the motor vehicle
      is running or the health of the child is in danger
10    commits a misdemeanor of the first degree.

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