Senate Bill 0684
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 684
By Senator Diaz-Balart
37-284A-00 See HB 203
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 unable to continually outside the
19 motor vehicle, 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 10 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 $10.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 684
37-284A-00 See HB 203
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 has previously been
4 found to have violated that subsection, or who leaves a child
5 unattended in a motor vehicle for any period of time if the
6 motor vehicle is running or the health of the child is in
7 danger, commits a misdemeanor of the first degree, punishable
8 as provided in s. 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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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 SB 684
37-284A-00 See HB 203
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2 LEGISLATIVE SUMMARY
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Prohibits any parent, legal guardian, or other person
4 responsible for a child younger than 6 years of age from
leaving such child unattended or unsupervised in a motor
5 vehicle for more than 10 minutes. Makes such a violation
a noncriminal traffic infraction, punishable by a fine of
6 $10. Provides that any parent, legal guardian, or other
person responsible for a child younger than 6 years of
7 age who commits a violation of the act and has previously
been found to have violated the act, or who leaves a
8 child unattended or unsupervised in a motor vehicle for
any period of time if the motor vehicle is running or the
9 health of the child is in danger, commits a misdemeanor
of the first degree.
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