House Bill 0203c1

    Florida House of Representatives - 2000              CS/HB 203

        By the Committee on Judiciary and Representatives Cantens,
    Fasano and Prieguez





  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 in a motor vehicle;

  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)  As used in this section:

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

17  guardian, or the person responsible for the child is outside

18  of the motor vehicle, more than 10 feet from the child, and

19  unable to continuously observe 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              CS/HB 203

    687-121-00






  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 leaves a child

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

  6  is running or the health of the child is in danger commits a

  7  misdemeanor of the first degree, punishable as provided in s.

  8  775.082 or s. 775.083.

  9         (2)  Any person who violates the provisions of

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

11  punishable by a fine of:

12         (a)  Not more than $100; or

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

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

15  was in danger at the time of the violation.

16         (4)(3)  Any law enforcement officer who observes a

17  child left unattended or unsupervised in a motor vehicle in

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

19  means are reasonably necessary to protect the minor child and

20  to remove the child from the vehicle.

21         (5)(4)  If the child is removed from the immediate area

22  notification should be placed on the vehicle.

23         (6)(5)  The child shall be remanded to the custody of

24  the Department of Children and Family Services pursuant to

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

26  locate the parents or legal guardian or other person

27  responsible for the child.

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

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