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






    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.

  3

  4            *****************************************

  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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