Senate Bill sb0856c1

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    Florida Senate - 2001                            CS for SB 856

    By the Committee on Agriculture and Consumer Services; and
    Senator Wasserman Schultz




    303-1475-01

  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

10         transient public lodging establishments from

11         offering or providing for use specified cribs

12         determined to be unsafe for use by infants;

13         providing criteria for determining safety of

14         infant 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 and the

20         Department of Business and Professional

21         Regulation to collaborate with public agencies

22         and private sector entities to prepare

23         specified public education materials and

24         programs; authorizing the department to adopt

25         rules; amending s. 509.221, F.S.; providing for

26         regulation by the Division of Hotels and

27         Restaurants of the Department of Business and

28         Professional Regulation; providing an effective

29         date.

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    Florida Senate - 2001                            CS for SB 856
    303-1475-01




  1         WHEREAS, the disability and death of infants resulting

  2  from injuries sustained in crib accidents are a serious threat

  3  to the public health, safety, and welfare of the people of the

  4  state, and

  5         WHEREAS, the design and construction of an infant crib

  6  must ensure that it is safe, and a parent or caregiver has a

  7  right to believe that an infant crib in use is a safe

  8  containment in which to place an infant, and

  9         WHEREAS, more than 13,000 infants are injured in unsafe

10  cribs every year, and

11         WHEREAS, prohibiting the manufacture, remanufacture,

12  retrofitting, sale, contracting to sell or resell, leasing, or

13  subletting of unsafe infant cribs, particularly unsafe

14  secondhand, hand-me-down, or heirloom cribs, will reduce

15  injuries and deaths caused by cribs, and

16         WHEREAS, it is the intent of the Legislature to reduce

17  the occurrence of injuries and deaths to infants as a result

18  of unsafe cribs that do not conform to modern safety standards

19  by making it illegal to manufacture, remanufacture, retrofit,

20  sell, contract to sell or resell, lease, sublet, or otherwise

21  place in the stream of commerce any full-size or non-full-size

22  crib that is unsafe, and

23         WHEREAS, it is the intent of the Legislature to

24  encourage public and private collaboration in disseminating

25  materials relative to the safety of infant cribs to parents,

26  child care providers, and those individuals who would be

27  likely to place unsafe infant cribs in the stream of commerce,

28  NOW, THEREFORE,

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30  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2001                            CS for SB 856
    303-1475-01




  1         Section 1.  Section 501.144, Florida Statutes, is

  2  created to read:

  3         501.144  Florida Infant Crib Safety Act.--

  4         (1)  SHORT TITLE.--This section may be cited as the

  5  "Florida Infant Crib Safety Act."

  6         (2)  DEFINITIONS.--As used in this section, the term:

  7         (a)  "Commercial user" means a dealer pursuant to s.

  8  212.06(2), including child care facilities licensed by the

  9  Department of Children and Family Services and local

10  government agencies, or any person who is in the business of

11  manufacturing, remanufacturing, retrofitting, selling,

12  leasing, subletting, or otherwise placing in the stream of

13  commerce full-size or non-full-size cribs.

14         (b)  "Crib" means a bed or containment designed to

15  accommodate an infant.

16         (c)  "Department" means the Department of Agriculture

17  and Consumer Services.

18         (d)  "Full-size crib" means a full-size baby crib as

19  defined in 16 C.F.R. part 1508, relating to requirements for

20  full-size baby cribs.

21         (e)  "Infant" means a person less than 35 inches tall

22  and less than 3 years of age.

23         (f)  "Non-full-size crib" means a non-full-size baby

24  crib as defined in 16 C.F.R. part 1509, relating to

25  requirements for non-full-size baby cribs.

26         (g)  "Person" means a natural person, firm,

27  partnership, corporation, association, agent, or employee

28  thereof.

29         (h)  "Transient public lodging establishment" means any

30  hotel, motel, resort condominium, transient apartment,

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    Florida Senate - 2001                            CS for SB 856
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  1  roominghouse, bed and breakfast inn, or resort dwelling, as

  2  defined in s. 509.242.

  3         (3)  PROHIBITED PRACTICES.--

  4         (a)  A commercial user may not manufacture,

  5  remanufacture, retrofit, sell, contract to sell or resell,

  6  lease, sublet, or otherwise place in the stream of commerce a

  7  full-size or non-full-size crib that is unsafe for any infant

  8  using the crib because the crib does not conform to the

  9  standards set forth in paragraph (4)(a) or because the crib

10  has any of the dangerous features or characteristics set forth

11  in paragraph (4)(b).

12         (b)  No transient public lodging establishment shall

13  offer, provide for use, or otherwise place in the stream of

14  commerce on or after the effective date of this act a

15  full-size or non-full-size crib that is unsafe for any infant

16  using the crib because the crib does not conform to the

17  standards set forth in paragraph (4)(a) or because the crib

18  has any of the dangerous features or characteristics set forth

19  in paragraph (4)(b). Further, violation of this section by a

20  transient public lodging establishment is a violation of

21  chapter 509 and is subject to the penalties set forth in s.

22  509.261.

23         (c)  A violation of this section is a deceptive and

24  unfair trade practice and constitutes a violation of part II

25  of chapter 501, the Florida Deceptive and Unfair Trade

26  Practices Act.

27         (4)  PRESUMPTION AS UNSAFE; CRITERIA.--

28         (a)  A crib is presumed to be unsafe under this section

29  if it does not conform to all of the following:

30         1.  16 C.F.R. part 1303, relating to ban of

31  lead-containing paint and certain consumer products bearing

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    Florida Senate - 2001                            CS for SB 856
    303-1475-01




  1  lead-containing paint; 16 C.F.R. part 1508, relating to

  2  requirements for full-size baby cribs; and 16 C.F.R. part

  3  1509, relating to requirements for non-full-size baby cribs.

  4         2.  American Society for Testing and Materials

  5  Voluntary Standards F966-96, F1169-99, and F1822-97.

  6         3.  Any regulations that are adopted in order to amend

  7  or supplement the regulations described in subparagraphs 1.

  8  and 2.

  9         (b)  Cribs that are unsafe include, but are not limited

10  to, cribs that have any of the following dangerous features or

11  characteristics:

12         1.  Corner posts that extend more than 1/16 of an inch.

13         2.  Spaces between side slats more than 2 3/8 inches.

14         3.  Mattress support that can be easily dislodged from

15  any point of the crib. A mattress segment can be easily

16  dislodged if it cannot withstand at least a 25-pound upward

17  force from underneath the crib.

18         4.  Cutout designs on the end panels.

19         5.  Rail-height dimensions that do not conform to the

20  following:

21         a.  The height of the rail and end panel as measured

22  from the top of the rail or panel in its lowest position to

23  the top of the mattress support in its highest position is at

24  least 9 inches.

25         b.  The height of the rail and end panel as measured

26  from the top of the rail or panel in its highest position to

27  the top of the mattress support in its lowest position is at

28  least 26 inches.

29         6.  Any screw, bolt, or hardware that is loose and not

30  secured.

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    Florida Senate - 2001                            CS for SB 856
    303-1475-01




  1         7.  Any sharp edge, point, or rough surface or any wood

  2  surface that is not smooth and free from splinters, splits, or

  3  cracks.

  4         8.  A tear in mesh or fabric sides for a non-full-size

  5  crib.

  6         9.  With respect to portable folding cribs, latches

  7  that do not work automatically to prevent the unintentional

  8  collapse of the crib.

  9         10.  Crib sheets used on mattresses must be sized to

10  match the mattress size.

11         (5)  EXEMPTIONS; CIVIL IMMUNITY.--

12         (a)  A crib that is clearly not intended for use by an

13  infant, including, but not limited to, a toy or display item,

14  is exempt from this section if the crib is accompanied at the

15  time of manufacturing, remanufacturing, retrofitting, selling,

16  leasing, subletting, or placement in the stream of commerce by

17  a notice to be furnished by the commercial user declaring that

18  the crib is not intended to be used for an infant and is

19  dangerous to use for an infant.

20         (b)  A commercial user who has complied with the notice

21  requirements set forth under paragraph (a) is immune from

22  civil liability resulting from the use of a crib,

23  notwithstanding the provisions of this section.

24         (6)  PENALTY.--

25         (a)  A commercial user that willfully and knowingly

26  violates subsection (3) commits a misdemeanor of the first

27  degree, punishable by a fine of not more than $10,000 and

28  imprisonment for a term of not more than 1 year.

29         (b)  A transient public lodging establishment that

30  violates subsection (3) shall be subject to the penalties set

31  forth in s. 509.261.

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    Florida Senate - 2001                            CS for SB 856
    303-1475-01




  1         (7)  PUBLIC EDUCATION MATERIALS AND PROGRAMS.--The

  2  Department of Agriculture and Consumer Services may

  3  collaborate with any public agency or private-sector entity to

  4  prepare public-education materials or programs designed to

  5  inform parents, child-care providers, commercial users, and

  6  any other person or entity that is likely to place unsafe

  7  cribs in the stream of commerce of the dangers posed by

  8  secondhand, hand-me-down, or heirloom cribs that do not

  9  conform to the standards set forth in this section or that

10  have any of the dangerous features or characteristics set

11  forth in this section.

12         (8)  RULEMAKING AUTHORITY.--The department may adopt

13  rules pursuant to ss. 120.536(1) and 120.54 to administer this

14  section.

15         Section 2.  Subsection (10) is added to section

16  509.221, Florida Statutes, to read:

17         509.221  Sanitary regulations.--

18         (10)  No transient public lodging establishment shall

19  offer, provide for use, or otherwise place in the stream of

20  commerce, on or after the effective date of s. 501.144, a

21  full-size or non-full-size crib that is unsafe for any infant

22  using the crib because it is not in conformity with the

23  requirements of that section.

24         Section 3.  This act shall take effect upon becoming a

25  law.

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    Florida Senate - 2001                            CS for SB 856
    303-1475-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 856

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  4  Committee Substitute for Senate Bill 856 is different from
    Senate Bill 856 as follows:
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    1.    The term "publish lodging establishments" has been
  6        changed to "transient public establishments" every where
          it appears in the bill.
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    2.    Provides that a violation by transient public lodging
  8        establishment will also be a violation of Chapter 509
          (Lodging and Food Service Establishments) and subject to
  9        the penalties of Chapter 509, which is regulated by the
          Department of Business and Professional Regulation.
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    3.    States that crib sheets are unsafe if not sized to the
11        mattress.

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