House Bill 0203c2

    Florida House of Representatives - 2000           CS/CS/HB 203

        By the Committees on Crime & Punishment, 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 and or

13  unsupervised in motor vehicle; penalty; authority of law

14  enforcement 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 and 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 of the vehicle is running or the health of the

28  child is in danger. Any person who violates the provisions of

29  this subsection is guilty of a noncriminal traffic infraction,

30  punishable by a fine of $100.

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






    Florida House of Representatives - 2000           CS/CS/HB 203

    189-884A-00






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

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

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

  4  775.082 or s. 775.083 if that person:

  5         (a)  Commits a violation of subsection (2) and has

  6  previously been found to have violated that subsection; or

  7         (b)  Leaves a child unattended for any period of time

  8  if the motor of the vehicle is running or the health of the

  9  child is in danger.

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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