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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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,
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15 Be It Enacted by the Legislature of the State of Florida:
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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.
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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
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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
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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
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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
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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.
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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
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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;
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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.
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