House Bill 0203
CODING: Words stricken are deletions; words underlined are additions.
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.
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8 Be It Enacted by the Legislature of the State of Florida:
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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
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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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