Senate Bill sb0856
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Florida Senate - 2001 SB 856
By Senator Wasserman Schultz
32-442B-01 See HB 85
1 A bill to be entitled
2 An act relating to infant cribs; creating s.
3 501.144, F.S., the Florida Infant Crib Safety
4 Act; providing definitions; prohibiting
5 commercial users from manufacturing,
6 remanufacturing, retrofitting, selling,
7 contracting to sell or resell, leasing, or
8 subletting specified cribs determined to be
9 unsafe for use by infants; prohibiting public
10 lodging establishments from offering or
11 providing for use specified cribs determined to
12 be unsafe for use by infants; providing
13 criteria for determining safety of infant
14 cribs; providing exemptions; providing
15 specified immunity from civil liability;
16 providing a penalty; providing that violation
17 of the act constitutes an unfair and deceptive
18 trade practice; authorizing the Department of
19 Agriculture and Consumer Services to
20 collaborate with public agencies and private
21 sector entities to prepare specified public
22 education materials and programs; authorizing
23 the department to adopt rules; providing an
24 effective date.
25
26 WHEREAS, the disability and death of infants resulting
27 from injuries sustained in crib accidents are a serious threat
28 to the public health, safety, and welfare of the people of the
29 state, and
30 WHEREAS, the design and construction of an infant crib
31 must ensure that it is safe, and a parent or caregiver has a
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Florida Senate - 2001 SB 856
32-442B-01 See HB 85
1 right to believe that an infant crib in use is a safe
2 containment in which to place an infant, and
3 WHEREAS, more than 13,000 infants are injured in unsafe
4 cribs every year, and
5 WHEREAS, prohibiting the manufacture, remanufacture,
6 retrofitting, sale, contracting to sell or resell, leasing, or
7 subletting of unsafe infant cribs, particularly unsafe
8 secondhand, hand-me-down, or heirloom cribs, will reduce
9 injuries and deaths caused by cribs, and
10 WHEREAS, it is the intent of the Legislature to reduce
11 the occurrence of injuries and deaths to infants as a result
12 of unsafe cribs that do not conform to modern safety standards
13 by making it illegal to manufacture, remanufacture, retrofit,
14 sell, contract to sell or resell, lease, sublet, or otherwise
15 place in the stream of commerce any full-size or non-full-size
16 crib that is unsafe, and
17 WHEREAS, it is the intent of the Legislature to
18 encourage public and private collaboration in disseminating
19 materials relative to the safety of infant cribs to parents,
20 child care providers, and those individuals who would be
21 likely to place unsafe infant cribs in the stream of commerce,
22 NOW, THEREFORE,
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 501.144, Florida Statutes, is
27 created to read:
28 501.144 Florida Infant Crib Safety Act.--
29 (1) SHORT TITLE.--This section may be cited as the
30 "Florida Infant Crib Safety Act."
31 (2) DEFINITIONS.--As used in this section, the term:
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Florida Senate - 2001 SB 856
32-442B-01 See HB 85
1 (a) "Commercial user" means a dealer pursuant to s.
2 212.06(2), including child care facilities licensed by the
3 Department of Children and Family Services and local
4 government agencies, or any person who is in the business of
5 manufacturing, remanufacturing, retrofitting, selling,
6 leasing, subletting, or otherwise placing in the stream of
7 commerce full-size or non-full-size cribs.
8 (b) "Crib" means a bed or containment designed to
9 accommodate an infant.
10 (c) "Department" means the Department of Agriculture
11 and Consumer Services.
12 (d) "Full-size crib" means a full-size baby crib as
13 defined in 16 C.F.R. part 1508, relating to requirements for
14 full-size baby cribs.
15 (e) "Infant" means a person less than 35 inches tall
16 and less than 3 years of age.
17 (f) "Non-full-size crib" means a non-full-size baby
18 crib as defined in 16 C.F.R. part 1509, relating to
19 requirements for non-full-size baby cribs.
20 (g) "Person" means a natural person, firm,
21 partnership, corporation, association, agent, or employee
22 thereof.
23 (h) "Public lodging establishment" means any hotel,
24 motel, resort condominium, nontransient apartment, transient
25 apartment, roominghouse, bed and breakfast inn, or resort
26 dwelling, as defined in s. 509.242.
27 (3) PROHIBITED PRACTICES.--
28 (a) A commercial user may not manufacture,
29 remanufacture, retrofit, sell, contract to sell or resell,
30 lease, sublet, or otherwise place in the stream of commerce a
31 full-size or non-full-size crib that is unsafe for any infant
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Florida Senate - 2001 SB 856
32-442B-01 See HB 85
1 using the crib because the crib does not conform to the
2 standards set forth in paragraph (4)(a) or because the crib
3 has any of the dangerous features or characteristics set forth
4 in paragraph (4)(b).
5 (b) No public lodging establishment shall offer,
6 provide for use, or otherwise place in the stream of commerce
7 on or after the effective date of this act a full-size or
8 non-full-size crib that is unsafe for any infant using the
9 crib because the crib does not conform to the standards set
10 forth in paragraph (4)(a) or because the crib has any of the
11 dangerous features or characteristics set forth in paragraph
12 (4)(b).
13 (c) A violation of this section is a deceptive and
14 unfair trade practice and constitutes a violation of part II
15 of chapter 501, the Florida Deceptive and Unfair Trade
16 Practices Act.
17 (4) PRESUMPTION AS UNSAFE; CRITERIA.--
18 (a) A crib is presumed to be unsafe under this section
19 if it does not conform to all of the following:
20 1. 16 C.F.R. part 1303, relating to ban of
21 lead-containing paint and certain consumer products bearing
22 lead-containing paint; 16 C.F.R. part 1508, relating to
23 requirements for full-size baby cribs; and 16 C.F.R. part
24 1509, relating to requirements for non-full-size baby cribs.
25 2. American Society for Testing and Materials
26 Voluntary Standards F966-96, F1169-99, and F1822-97.
27 3. Any regulations that are adopted in order to amend
28 or supplement the regulations described in subparagraphs 1.
29 and 2.
30
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Florida Senate - 2001 SB 856
32-442B-01 See HB 85
1 (b) Cribs that are unsafe include, but are not limited
2 to, cribs that have any of the following dangerous features or
3 characteristics:
4 1. Corner posts that extend more than 1/16 of an inch.
5 2. Spaces between side slats more than 2 3/8 inches.
6 3. Mattress support that can be easily dislodged from
7 any point of the crib. A mattress segment can be easily
8 dislodged if it cannot withstand at least a 25-pound upward
9 force from underneath the crib.
10 4. Cutout designs on the end panels.
11 5. Rail-height dimensions that do not conform to the
12 following:
13 a. The height of the rail and end panel as measured
14 from the top of the rail or panel in its lowest position to
15 the top of the mattress support in its highest position is at
16 least 9 inches.
17 b. The height of the rail and end panel as measured
18 from the top of the rail or panel in its highest position to
19 the top of the mattress support in its lowest position is at
20 least 26 inches.
21 6. Any screw, bolt, or hardware that is loose and not
22 secured.
23 7. Any sharp edge, point, or rough surface or any wood
24 surface that is not smooth and free from splinters, splits, or
25 cracks.
26 8. A tear in mesh or fabric sides for a non-full-size
27 crib.
28 9. With respect to portable folding cribs, latches
29 that do not work automatically to prevent the unintentional
30 collapse of the crib.
31 (5) EXEMPTIONS; CIVIL IMMUNITY.--
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Florida Senate - 2001 SB 856
32-442B-01 See HB 85
1 (a) A crib that is clearly not intended for use by an
2 infant, including, but not limited to, a toy or display item,
3 is exempt from this section if the crib is accompanied at the
4 time of manufacturing, remanufacturing, retrofitting, selling,
5 leasing, subletting, or placement in the stream of commerce by
6 a notice to be furnished by the commercial user declaring that
7 the crib is not intended to be used for an infant and is
8 dangerous to use for an infant.
9 (b) A commercial user who has complied with the notice
10 requirements set forth under paragraph (a) is immune from
11 civil liability resulting from the use of a crib,
12 notwithstanding the provisions of this section.
13 (6) PENALTY.--A commercial user or public lodging
14 establishment that willfully and knowingly violates subsection
15 (3) commits a misdemeanor of the first degree, punishable by a
16 fine of not more than $10,000 and imprisonment for a term of
17 not more than 1 year.
18 (7) PUBLIC EDUCATION MATERIALS AND PROGRAMS.--The
19 Department of Agriculture and Consumer Services may
20 collaborate with any public agency or private-sector entity to
21 prepare public-education materials or programs designed to
22 inform parents, child-care providers, commercial users, and
23 any other person or entity that is likely to place unsafe
24 cribs in the stream of commerce of the dangers posed by
25 secondhand, hand-me-down, or heirloom cribs that do not
26 conform to the standards set forth in this section or that
27 have any of the dangerous features or characteristics set
28 forth in this section.
29 (8) RULEMAKING AUTHORITY.--The department may adopt
30 rules pursuant to ss. 120.536(1) and 120.54 to administer this
31 section.
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Florida Senate - 2001 SB 856
32-442B-01 See HB 85
1 Section 2. This act shall take effect upon becoming a
2 law.
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5 LEGISLATIVE SUMMARY
6
Creates the Florida Infant Crib Safety Act. Defines terms
7 for purposes of the act. Prohibits commercial users, as
defined by the act, from manufacturing, remanufacturing,
8 retrofitting, selling, or leasing specified cribs
determined to be unsafe for use by infants. Prohibits
9 public lodging establishments from offering or providing
for use specified cribs determined to be unsafe for use
10 by infants. Provides criteria for determining safety of
infant cribs. Provides exemptions. Provides specified
11 immunity from civil liability. Provides a
first-degree-misdemeanor penalty for violation,
12 punishable by a fine of not more than $10,000 and not
more than 1 year in prison. Provides that violation of
13 the act constitutes an unfair and deceptive trade
practice. Authorizes the Department of Agriculture and
14 Consumer Services to collaborate with public agencies and
private-sector entities to prepare public-education
15 materials and programs designed to inform parents,
child-care providers, commercial users, and others of the
16 dangers posed by unsafe cribs. Authorizes the department
to adopt rules.
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