HOUSE AMENDMENT
                                                    Bill No. HB 85   Barcode 045815
    Amendment No. 01 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  The Committee on Judicial Oversight offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         WHEREAS, the disability and death of infants resulting
18  from injuries sustained in crib accidents are a serious threat
19  to the public health, safety, and welfare of the people of the
20  state, and
21         WHEREAS, the design and construction of an infant crib
22  must ensure that it is safe, and a parent or caregiver has a
23  right to believe that an infant crib in use is a safe
24  containment in which to place an infant, and
25         WHEREAS, more than 13,000 infants are injured in unsafe
26  cribs every year, and
27         WHEREAS, prohibiting the manufacture, remanufacture,
28  retrofitting, sale, contracting to sell or resell, leasing, or
29  subletting of unsafe infant cribs, particularly unsafe
30  secondhand, hand-me-down, or heirloom cribs, will reduce
31  injuries and deaths caused by cribs, and
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    File original & 9 copies    03/20/01                          
    hjo0006                     07:24 pm         00085-jo  -045815

HOUSE AMENDMENT Bill No. HB 85 Barcode 045815 Amendment No. 01 (for drafter's use only) 1 WHEREAS, it is the intent of the Legislature to reduce 2 the occurrence of injuries and deaths to infants as a result 3 of unsafe cribs that do not conform to modern safety standards 4 by making it illegal to manufacture, remanufacture, retrofit, 5 sell, contract to sell or resell, lease, sublet, or otherwise 6 place in the stream of commerce any full-size or non-full-size 7 crib that is unsafe, and 8 WHEREAS, it is the intent of the Legislature to 9 encourage public and private collaboration in disseminating 10 materials relative to the safety of infant cribs to parents, 11 child care providers, and those individuals who would be 12 likely to place unsafe infant cribs in the stream of commerce, 13 NOW, THEREFORE, 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 501.144, Florida Statutes, is 18 created to read: 19 501.144 Florida Infant Crib Safety Act.-- 20 (1) SHORT TITLE.--This section may be cited as the 21 "Florida Infant Crib Safety Act." 22 (2) DEFINITIONS.--As used in this section, the term: 23 (a) "Commercial user" means a dealer pursuant to s. 24 212.06(2), including child care facilities licensed by the 25 Department of Children and Family Services and local 26 government agencies, or any person who is in the business of 27 manufacturing, remanufacturing, retrofitting, selling, 28 leasing, subletting, or otherwise placing in the stream of 29 commerce full-size or non-full-size cribs. 30 (b) "Crib" means a bed or containment designed to 31 accommodate an infant. 2 File original & 9 copies 03/20/01 hjo0006 07:24 pm 00085-jo -045815
HOUSE AMENDMENT Bill No. HB 85 Barcode 045815 Amendment No. 01 (for drafter's use only) 1 (c) "Department" means the Department of Agriculture 2 and Consumer Services. 3 (d) "Full-size crib" means a full-size baby crib as 4 defined in 16 C.F.R. part 1508, relating to requirements for 5 full-size baby cribs. 6 (e) "Infant" means a person less than 35 inches tall 7 and less than 3 years of age. 8 (f) "Non-full-size crib" means a non-full-size baby 9 crib as defined in 16 C.F.R. part 1509, relating to 10 requirements for non-full-size baby cribs. 11 (g) "Person" means a natural person, firm, 12 partnership, corporation, association, agent, or employee 13 thereof. 14 (h) "Transient public lodging establishment" means any 15 hotel, motel, resort condominium, transient apartment, 16 roominghouse, bed and breakfast inn, or resort dwelling, as 17 defined in s. 509.242. 18 (3) PROHIBITED PRACTICES.-- 19 (a) A commercial user may not manufacture, 20 remanufacture, retrofit, sell, contract to sell or resell, 21 lease, sublet, or otherwise place in the stream of commerce a 22 full-size or non-full-size crib that is unsafe for any infant 23 using the crib because the crib does not conform to the 24 standards set forth in paragraph (4)(a) or because the crib 25 has any of the dangerous features or characteristics set forth 26 in paragraph (4)(b). 27 (b) No transient public lodging establishment shall 28 offer, provide for use, or otherwise place in the stream of 29 commerce on or after the effective date of this act a 30 full-size or non-full-size crib that is unsafe for any infant 31 using the crib because the crib does not conform to the 3 File original & 9 copies 03/20/01 hjo0006 07:24 pm 00085-jo -045815
HOUSE AMENDMENT Bill No. HB 85 Barcode 045815 Amendment No. 01 (for drafter's use only) 1 standards set forth in paragraph (4)(a) or because the crib 2 has any of the dangerous features or characteristics set forth 3 in paragraph (4)(b). Further, violation of this section by a 4 transient public lodging establishment is a violation of 5 chapter 509 and is subject to the penalties set forth in s. 6 509.261. 7 (c) A violation of this section is a deceptive and 8 unfair trade practice and constitutes a violation of part II 9 of chapter 501, the Florida Deceptive and Unfair Trade 10 Practices Act. 11 (4) PRESUMPTION AS UNSAFE; CRITERIA.-- 12 (a) A crib is presumed to be unsafe under this section 13 if it does not conform to all of the following: 14 1. 16 C.F.R. part 1303, relating to ban of 15 lead-containing paint and certain consumer products bearing 16 lead-containing paint; 16 C.F.R. part 1508, relating to 17 requirements for full-size baby cribs; and 16 C.F.R. part 18 1509, relating to requirements for non-full-size baby cribs. 19 2. American Society for Testing and Materials 20 Voluntary Standards F966-96, F1169-99, and F1822-97. 21 3. Rules adopted by the department which incorporate 22 amendments or supplements to the regulations or standards 23 described in subparagraphs 1. and 2. 24 (b) Cribs that are unsafe include, but are not limited 25 to, cribs that have any of the following dangerous features or 26 characteristics: 27 1. Corner posts that extend more than 1/16 of an inch. 28 2. Spaces between side slats more than 2 3/8 inches. 29 3. Mattress support that can be easily dislodged from 30 any point of the crib. A mattress segment can be easily 31 dislodged if it cannot withstand at least a 25-pound upward 4 File original & 9 copies 03/20/01 hjo0006 07:24 pm 00085-jo -045815
HOUSE AMENDMENT Bill No. HB 85 Barcode 045815 Amendment No. 01 (for drafter's use only) 1 force from underneath the crib. 2 4. Cutout designs on the end panels. 3 5. Rail-height dimensions that do not conform to the 4 following: 5 a. The height of the rail and end panel as measured 6 from the top of the rail or panel in its lowest position to 7 the top of the mattress support in its highest position is at 8 least 9 inches. 9 b. The height of the rail and end panel as measured 10 from the top of the rail or panel in its highest position to 11 the top of the mattress support in its lowest position is at 12 least 26 inches. 13 6. Any screw, bolt, or hardware that is loose and not 14 secured. 15 7. Any sharp edge, point, or rough surface or any wood 16 surface that is not smooth and free from splinters, splits, or 17 cracks. 18 8. A tear in mesh or fabric sides for a non-full-size 19 crib. 20 9. With respect to portable folding cribs, latches 21 that do not work automatically to prevent the unintentional 22 collapse of the crib. 23 10. Crib sheets used on mattresses must be sized to 24 match the mattress size. 25 (5) EXEMPTIONS; CIVIL IMMUNITY.-- 26 (a) A crib that is clearly not intended for use by an 27 infant, including, but not limited to, a toy or display item, 28 is exempt from this section if the crib is accompanied at the 29 time of manufacturing, remanufacturing, retrofitting, selling, 30 leasing, subletting, or placement in the stream of commerce by 31 a notice to be furnished by the commercial user on forms 5 File original & 9 copies 03/20/01 hjo0006 07:24 pm 00085-jo -045815
HOUSE AMENDMENT Bill No. HB 85 Barcode 045815 Amendment No. 01 (for drafter's use only) 1 prescribed by the department declaring that the crib is not 2 intended to be used for an infant and is dangerous to use for 3 an infant. 4 (b) A commercial user who has complied with the notice 5 requirements set forth under paragraph (a) is immune from 6 civil liability resulting from the use of a crib, 7 notwithstanding the provisions of this section. 8 (6) PENALTY.-- 9 (a) A commercial user that willfully and knowingly 10 violates subsection (3) commits a misdemeanor of the first 11 degree, punishable by a fine of not more than $10,000 and 12 imprisonment for a term of not more than 1 year. 13 (b) A transient public lodging establishment that 14 violates subsection (3) shall be subject to the penalties set 15 forth in s. 509.261. 16 (7) PUBLIC EDUCATION MATERIALS AND PROGRAMS.--The 17 Department of Agriculture and Consumer Services and the 18 Department of Business and Professional Regulation may 19 collaborate with any public agency or private-sector entity to 20 prepare public-education materials or programs designed to 21 inform parents, child-care providers, commercial users, and 22 any other person or entity that is likely to place unsafe 23 cribs in the stream of commerce of the dangers posed by 24 secondhand, hand-me-down, or heirloom cribs that do not 25 conform to the standards set forth in this section or that 26 have any of the dangerous features or characteristics set 27 forth in this section. 28 (8) RULEMAKING AUTHORITY.--The department may adopt 29 rules pursuant to ss. 120.536(1) and 120.54 to administer this 30 section. 31 Section 2. Subsection (10) is added to section 6 File original & 9 copies 03/20/01 hjo0006 07:24 pm 00085-jo -045815
HOUSE AMENDMENT Bill No. HB 85 Barcode 045815 Amendment No. 01 (for drafter's use only) 1 509.221, Florida Statutes, to read: 2 509.221 Sanitary regulations.-- 3 (10) No transient public lodging establishment shall 4 offer, provide for use, or otherwise place in the stream of 5 commerce, on or after the effective date of s. 501.144, a 6 full-size or non-full-size crib that is unsafe for any infant 7 using the crib because it is not in conformity with the 8 requirements of that section. 9 Section 3. This act shall take effect October 1, 2001. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 remove from the title of the bill: the entire title 15 16 and insert in lieu thereof: 17 A bill to be entitled 18 An act relating to infant cribs; creating s. 19 501.144, F.S., the Florida Infant Crib Safety 20 Act; providing definitions; prohibiting 21 commercial users from manufacturing, 22 remanufacturing, retrofitting, selling, 23 contracting to sell or resell, leasing, or 24 subletting specified cribs determined to be 25 unsafe for use by infants; prohibiting 26 transient public lodging establishments from 27 offering or providing for use specified cribs 28 determined to be unsafe for use by infants; 29 providing criteria for determining safety of 30 infant cribs; providing exemptions; providing 31 specified immunity from civil liability; 7 File original & 9 copies 03/20/01 hjo0006 07:24 pm 00085-jo -045815
HOUSE AMENDMENT Bill No. HB 85 Barcode 045815 Amendment No. 01 (for drafter's use only) 1 providing a penalty; providing that violation 2 of the act constitutes an unfair and deceptive 3 trade practice; authorizing the Department of 4 Agriculture and Consumer Services and the 5 Department of Business and Professional 6 Regulation to collaborate with public agencies 7 and private sector entities to prepare 8 specified public education materials and 9 programs; authorizing the department to adopt 10 rules and prescribe forms; amending s. 509.221, 11 F.S.; providing for regulation by the Division 12 of Hotels and Restaurants and the Department of 13 Business and Professional Regulation; providing 14 an effective date. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 File original & 9 copies 03/20/01 hjo0006 07:24 pm 00085-jo -045815