Senate Bill sb0052E
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Florida Senate - 2002 SB 52-E
By Senator Wasserman Schultz
32-2378-02
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 penalties; providing that violation
17 of the act constitutes an unfair and deceptive
18 trade practice; authorizing the Department of
19 Agriculture and Consumer Services, the
20 Department of Business and Professional
21 Regulation, and the Department of Children and
22 Family Services to collaborate with public
23 agencies and private-sector entities to prepare
24 specified public education materials and
25 programs; authorizing the Department of
26 Agriculture and Consumer Services to adopt
27 rules and prescribe forms; amending s. 509.221,
28 F.S.; prohibiting the use of certain cribs in
29 public lodging establishments; reenacting s.
30 509.032, F.S.; providing for regulation and
31 rulemaking by the Division of Hotels and
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1 Restaurants of the Department of Business and
2 Professional Regulation; creating s. 402.3031,
3 F.S.; prohibiting unsafe cribs in certain
4 facilities; providing for enforcement and
5 rulemaking powers of the Department of Children
6 and Family Services; creating an infant crib
7 safety enforcement demonstration program;
8 providing that crib inspections are not
9 required in certain counties for a specified
10 time; requiring crib inspections in certain
11 counties for a specified time; providing
12 requirements for crib inspections by the
13 Department of Business and Professional
14 Regulation; requiring transient public lodging
15 establishments to provide for inspection of
16 cribs; requiring a report; providing for
17 rulemaking by the Department of Business and
18 Professional Regulation; providing for
19 expiration of the demonstration program;
20 providing for construction of act in pari
21 materia with prior acts; providing an effective
22 date.
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24 WHEREAS, the disability and death of infants resulting
25 from injuries sustained in crib accidents are a serious threat
26 to the public health, safety, and welfare of the people of the
27 state, and
28 WHEREAS, the design and construction of an infant crib
29 must ensure that it is safe, and a parent or caregiver has a
30 right to believe that an infant crib in use is a safe
31 containment in which to place an infant, and
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1 WHEREAS, more than 13,000 infants are injured in unsafe
2 cribs every year, and
3 WHEREAS, prohibiting the manufacture, remanufacture,
4 retrofitting, sale, contracting to sell or resell, leasing, or
5 subletting of unsafe infant cribs, particularly unsafe
6 secondhand, hand-me-down, or heirloom cribs, will reduce
7 injuries and deaths caused by cribs, and
8 WHEREAS, it is the intent of the Legislature to reduce
9 the occurrence of injuries and deaths to infants as a result
10 of unsafe cribs that do not conform to modern safety standards
11 by making it illegal to manufacture, remanufacture, retrofit,
12 sell, contract to sell or resell, lease, or sublet, any
13 full-size or non-full-size crib that is unsafe, and
14 WHEREAS, it is the intent of the Legislature to
15 encourage public and private collaboration in disseminating
16 materials relative to the safety of infant cribs to parents,
17 child care providers, and those individuals who would be
18 likely to sell, donate, or otherwise provide to others unsafe
19 infant cribs, NOW, THEREFORE,
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Section 501.144, Florida Statutes, is
24 created to read:
25 501.144 Florida Infant Crib Safety Act.--
26 (1) SHORT TITLE.--This section may be cited as the
27 "Florida Infant Crib Safety Act."
28 (2) DEFINITIONS.--As used in this section, the term:
29 (a) "Commercial user" means a dealer under s.
30 212.06(2), or any person who is in the business of
31 manufacturing, remanufacturing, retrofitting, selling,
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1 leasing, or subletting full-size or non-full-size cribs. The
2 term includes a child care facility, family day care home,
3 large family child care home, and specialized child care
4 facility for the care of mildly ill children, licensed by the
5 Department of Children and Family Services or local licensing
6 agencies.
7 (b) "Crib" means a bed or containment designed to
8 accommodate an infant.
9 (c) "Department" means the Department of Agriculture
10 and Consumer Services.
11 (d) "Full-size crib" means a full-size baby crib as
12 defined in 16 C.F.R. part 1508, relating to requirements for
13 full-size baby cribs.
14 (e) "Infant" means a person less than 35 inches tall
15 and less than 3 years of age.
16 (f) "Non-full-size crib" means a non-full-size baby
17 crib as defined in 16 C.F.R. part 1509, relating to
18 requirements for non-full-size baby cribs.
19 (g) "Transient public lodging establishment" means any
20 hotel, motel, resort condominium, transient apartment,
21 roominghouse, bed and breakfast inn, or resort dwelling, as
22 defined in s. 509.242.
23 (3) PROHIBITED PRACTICES.--
24 (a) A commercial user may not manufacture,
25 remanufacture, retrofit, sell, contract to sell or resell,
26 lease, or sublet a full-size or non-full-size crib that is
27 unsafe for an infant because the crib does not conform to the
28 standards set forth in paragraph (4)(a) or because the crib
29 has any of the dangerous features or characteristics set forth
30 in paragraph (4)(b).
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1 (b) A transient public lodging establishment may not
2 offer or provide for use a full-size or non-full-size crib
3 that is unsafe for an infant because the crib does not conform
4 to the standards set forth in paragraph (4)(a) or because the
5 crib has any of the dangerous features or characteristics set
6 forth in paragraph (4)(b). Further, violation of this section
7 by a transient public lodging establishment is a violation of
8 chapter 509 and is subject to the penalties set forth in s.
9 509.261.
10 (c) A violation of this section is a deceptive and
11 unfair trade practice and constitutes a violation of part II
12 of chapter 501, the Florida Deceptive and Unfair Trade
13 Practices Act.
14 (4) PRESUMPTION AS UNSAFE; CRITERIA.--
15 (a) A crib is presumed to be unsafe under this section
16 if it does not conform to all of the following:
17 1. 16 C.F.R. part 1303, relating to ban of
18 lead-containing paint and certain consumer products bearing
19 lead-containing paint; 16 C.F.R. part 1508, relating to
20 requirements for full-size baby cribs; and 16 C.F.R. part
21 1509, relating to requirements for non-full-size baby cribs.
22 2. American Society for Testing and Materials
23 Voluntary Standards F966-96, F1169-99, and F1822-97.
24 3. Rules adopted by the department which implement the
25 provisions of this subsection.
26 (b) A crib is unsafe if it has any of the following
27 dangerous features or characteristics:
28 1. Corner posts that extend more than 1/16 of an inch.
29 2. Spaces between side slats which are more than 2 3/8
30 inches wide.
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1 3. A mattress support that can be easily dislodged
2 from any point of the crib. A mattress segment can be easily
3 dislodged if it cannot withstand at least a 25-pound upward
4 force from underneath the crib. For portable folding cribs,
5 this subparagraph does not apply to mattress supports or
6 mattress segments that are designed to allow the crib to be
7 folded, if the crib is equipped with latches that work to
8 prevent the unintentional collapse of the crib.
9 4. Cutout designs on the end panels.
10 5. Rail-height dimensions that do not conform to the
11 following:
12 a. The height of the rail and end panel as measured
13 from the top of the rail or panel in its lowest position to
14 the top of the mattress support in its highest position is at
15 least 9 inches.
16 b. The height of the rail and end panel as measured
17 from the top of the rail or panel in its highest position to
18 the top of the mattress support in its lowest position is at
19 least 26 inches.
20 6. Upon completion of assembly, any screw, bolt, or
21 hardware that is loose and not secured.
22 7. Any sharp edge, point, or rough surface or any wood
23 surface that is not smooth and free from splinters, splits, or
24 cracks.
25 8. A tear in mesh or fabric sides of a non-full-size
26 crib.
27 9. With respect to portable folding cribs having
28 central hinges and rail assemblies that move downward when
29 folded, latches that do not automatically engage when placed
30 in the position recommended by the manufacturer for use.
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1 10. Crib sheets used on mattresses which are not sized
2 to match the mattress size.
3 (5) EXEMPTIONS; CIVIL IMMUNITY.--
4 (a) A crib that is clearly not intended for use by an
5 infant, including, but not limited to, a toy or display item,
6 is exempt from this section if the crib is accompanied, at the
7 time of manufacturing, remanufacturing, retrofitting, selling,
8 leasing, or subletting, by a notice to be furnished by the
9 commercial user on forms prescribed by the department
10 declaring that the crib is not intended to be used for an
11 infant and is dangerous to use for an infant.
12 (b) A commercial user, other than a child care
13 facility, family day care home, large family child care home,
14 or specialized child care facility for the care of mildly ill
15 children, that has complied with the notice requirements set
16 forth under paragraph (a) is immune from civil liability
17 resulting from the use of a crib, notwithstanding the
18 provisions of this section.
19 (c) When a commercial user leases a crib for use away
20 from the premises of the commercial user, the commercial user
21 is immune from civil liability created by this section
22 resulting from the assembly of the crib by a person other than
23 the commercial user or its agent or resulting from the use of
24 crib sheets that were not provided by the commercial user or
25 its agent.
26 (6) PENALTY.--
27 (a) A commercial user, other than a commercial user
28 subject to the penalties provided in paragraph (b) or
29 paragraph (c), that willfully and knowingly violates
30 subsection (3) commits a misdemeanor of the first degree,
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1 punishable by a fine of not more than $10,000 and imprisonment
2 for a term of not more than 1 year.
3 (b) A transient public lodging establishment that
4 violates subsection (3) is subject to the penalties set forth
5 in s. 509.261.
6 (c) A child care facility, family day care home, large
7 family child care home, or specialized child care facility for
8 the care of mildly ill children which violates subsection (3)
9 is subject to the penalties set forth in ss. 402.301-402.319.
10 (7) PUBLIC EDUCATION MATERIALS AND PROGRAMS.--The
11 Department of Agriculture and Consumer Services, the
12 Department of Business and Professional Regulation, and the
13 Department of Children and Family Services may collaborate
14 with any public agency or private-sector entity to prepare
15 public education materials or programs designed to inform
16 parents, child care providers, commercial users, and any other
17 person or entity that is likely to place unsafe cribs in the
18 stream of commerce of the dangers posed by secondhand,
19 hand-me-down, or heirloom cribs that do not conform to the
20 standards set forth in this section or that have any of the
21 dangerous features or characteristics set forth in this
22 section.
23 (8) RULEMAKING AUTHORITY.--The department may adopt
24 rules under ss. 120.536(1) and 120.54 for the administration
25 of this section.
26 Section 2. Subsection (10) is added to section
27 509.221, Florida Statutes, to read:
28 509.221 Sanitary regulations.--
29 (10) A transient public lodging establishment may not
30 offer or provide for use a full-size or non-full-size crib
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1 that is unsafe for an infant because it is not in conformity
2 with the requirements of s. 501.144.
3 Section 3. Section 509.032, Florida Statutes, is
4 reenacted to read:
5 509.032 Duties.--
6 (1) GENERAL.--The division shall carry out all of the
7 provisions of this chapter and all other applicable laws and
8 rules relating to the inspection or regulation of public
9 lodging establishments and public food service establishments
10 for the purpose of safeguarding the public health, safety, and
11 welfare. The division shall be responsible for ascertaining
12 that an operator licensed under this chapter does not engage
13 in any misleading advertising or unethical practices.
14 (2) INSPECTION OF PREMISES.--
15 (a) The division has responsibility and jurisdiction
16 for all inspections required by this chapter. The division
17 has responsibility for quality assurance. Each licensed
18 establishment shall be inspected at least biannually and at
19 such other times as the division determines is necessary to
20 ensure the public's health, safety, and welfare. The division
21 shall establish a system to determine inspection frequency.
22 Public lodging units classified as resort condominiums or
23 resort dwellings are not subject to this requirement, but
24 shall be made available to the division upon request. If,
25 during the inspection of a public lodging establishment
26 classified for renting to transient or nontransient tenants,
27 an inspector identifies vulnerable adults who appear to be
28 victims of neglect, as defined in s. 415.102, or, in the case
29 of a building that is not equipped with automatic sprinkler
30 systems, tenants or clients who may be unable to self-preserve
31 in an emergency, the division shall convene meetings with the
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1 following agencies as appropriate to the individual situation:
2 the Department of Health, the Department of Elderly Affairs,
3 the area agency on aging, the local fire marshal, the landlord
4 and affected tenants and clients, and other relevant
5 organizations, to develop a plan which improves the prospects
6 for safety of affected residents and, if necessary, identifies
7 alternative living arrangements such as facilities licensed
8 under part II or part III of chapter 400.
9 (b) For purposes of performing required inspections
10 and the enforcement of this chapter, the division has the
11 right of entry and access to public lodging establishments and
12 public food service establishments at any reasonable time.
13 (c) Public food service establishment inspections
14 shall be conducted to enforce provisions of this part and to
15 educate, inform, and promote cooperation between the division
16 and the establishment.
17 (d) The division shall adopt and enforce sanitation
18 rules consistent with law to ensure the protection of the
19 public from food-borne illness in those establishments
20 licensed under this chapter. These rules shall provide the
21 standards and requirements for obtaining, storing, preparing,
22 processing, serving, or displaying food in public food service
23 establishments, approving public food service establishment
24 facility plans, conducting necessary public food service
25 establishment inspections for compliance with sanitation
26 regulations, cooperating and coordinating with the Department
27 of Health in epidemiological investigations, and initiating
28 enforcement actions, and for other such responsibilities
29 deemed necessary by the division. The division may not
30 establish by rule any regulation governing the design,
31 construction, erection, alteration, modification, repair, or
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1 demolition of any public lodging or public food service
2 establishment. It is the intent of the Legislature to preempt
3 that function to the Florida Building Commission and the State
4 Fire Marshal through adoption and maintenance of the Florida
5 Building Code and the Florida Fire Prevention Code. The
6 division shall provide technical assistance to the commission
7 and the State Fire Marshal in updating the construction
8 standards of the Florida Building Code and the Florida Fire
9 Prevention Code which govern public lodging and public food
10 service establishments. Further, the division shall enforce
11 the provisions of the Florida Building Code and the Florida
12 Fire Prevention Code which apply to public lodging and public
13 food service establishments in conducting any inspections
14 authorized by this part.
15 (e)1. Relating to facility plan approvals, the
16 division may establish, by rule, fees for conducting plan
17 reviews and may grant variances from construction standards in
18 hardship cases, which variances may be less restrictive than
19 the provisions specified in this section or the rules adopted
20 under this section. A variance may not be granted pursuant to
21 this section until the division is satisfied that:
22 a. The variance shall not adversely affect the health
23 of the public.
24 b. No reasonable alternative to the required
25 construction exists.
26 c. The hardship was not caused intentionally by the
27 action of the applicant.
28 2. The division's advisory council shall review
29 applications for variances and recommend agency action. The
30 division shall make arrangements to expedite emergency
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1 requests for variances, to ensure that such requests are acted
2 upon within 30 days of receipt.
3 3. The division shall establish, by rule, a fee for
4 the cost of the variance process. Such fee shall not exceed
5 $150 for routine variance requests and $300 for emergency
6 variance requests.
7 (f) In conducting inspections of establishments
8 licensed under this chapter, the division shall determine if
9 each coin-operated amusement machine that is operated on the
10 premises of a licensed establishment is properly registered
11 with the Department of Revenue. Each month the division shall
12 report to the Department of Revenue the sales tax registration
13 number of the operator of any licensed establishment that has
14 on location a coin-operated amusement machine and that does
15 not have an identifying certificate conspicuously displayed as
16 required by s. 212.05(1)(i).
17 (g) In inspecting public food service establishments,
18 the department shall provide each inspected establishment with
19 the food-recovery brochure developed under s. 570.0725.
20 (3) SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD
21 SERVICE EVENTS.--The division shall:
22 (a) Prescribe sanitary standards which shall be
23 enforced in public food service establishments.
24 (b) Inspect public lodging establishments and public
25 food service establishments whenever necessary to respond to
26 an emergency or epidemiological condition.
27 (c) Administer a public notification process for
28 temporary food service events and distribute educational
29 materials that address safe food storage, preparation, and
30 service procedures.
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1 1. Sponsors of temporary food service events shall
2 notify the division not less than 3 days prior to the
3 scheduled event of the type of food service proposed, the time
4 and location of the event, a complete list of food service
5 vendor owners and operators participating in each event, and
6 the current license numbers of all public food service
7 establishments participating in each event. Notification may
8 be completed orally, by telephone, in person, or in writing.
9 A public food service establishment or food service vendor may
10 not use this notification process to circumvent the license
11 requirements of this chapter.
12 2. The division shall keep a record of all
13 notifications received for proposed temporary food service
14 events and shall provide appropriate educational materials to
15 the event sponsors, including the food-recovery brochure
16 developed under s. 570.0725.
17 3.a. A public food service establishment or other food
18 vendor must obtain a license from the division for each
19 temporary food service event in which it participates.
20 b. Public food service establishments holding current
21 licenses from the division may operate under the regulations
22 of such a license at temporary food service events of 3 days
23 or less in duration.
24 (4) STOP-SALE ORDERS.--The division may stop the sale,
25 and supervise the proper destruction, of any food or food
26 product when the director or the director's designee
27 determines that such food or food product represents a threat
28 to the public safety or welfare. If the operator of a public
29 food service establishment licensed under this chapter has
30 received official notification from a health authority that a
31 food or food product from that establishment has potentially
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1 contributed to any instance or outbreak of food-borne illness,
2 the food or food product must be maintained in safe storage in
3 the establishment until the responsible health authority has
4 examined, sampled, seized, or requested destruction of the
5 food or food product.
6 (5) REPORTS REQUIRED.--The division shall send the
7 Governor a written report, which shall state, but not be
8 limited to, the total number of inspections conducted by the
9 division to ensure the enforcement of sanitary standards, the
10 total number of inspections conducted in response to emergency
11 or epidemiological conditions, the number of violations of
12 each sanitary standard, and any recommendations for improved
13 inspection procedures. The division shall also keep accurate
14 account of all expenses arising out of the performance of its
15 duties and all fees collected under this chapter. The report
16 shall be submitted by September 30 following the end of the
17 fiscal year.
18 (6) RULEMAKING AUTHORITY.--The division shall adopt
19 such rules as are necessary to carry out the provisions of
20 this chapter.
21 (7) PREEMPTION AUTHORITY.--The regulation of public
22 lodging establishments and public food service establishments,
23 the inspection of public lodging establishments and public
24 food service establishments for compliance with the sanitation
25 standards adopted under this section, and the regulation of
26 food safety protection standards for required training and
27 testing of food service establishment personnel are preempted
28 to the state. This subsection does not preempt the authority
29 of a local government or local enforcement district to conduct
30 inspections of public lodging and public food service
31 establishments for compliance with the Florida Building Code
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1 and the Florida Fire Prevention Code, pursuant to ss. 553.80
2 and 633.022.
3 Section 4. Section 402.3031, Florida Statutes, is
4 created to read:
5 402.3031 Infant crib safety.--A child care facility,
6 family day care home, large family child care home, or
7 specialized child care facility for the care of mildly ill
8 children may not offer or provide for use a full-size or
9 non-full-size crib that is not in conformity with the
10 requirements of s. 501.144. The department shall enforce this
11 section and may adopt rules under ss. 120.536(1) and 120.54
12 necessary for the administration of this section.
13 Section 5. Infant crib safety enforcement
14 demonstration program.--
15 (1) As used in this section, the term:
16 (a) "Division" means the Division of Hotels and
17 Restaurants of the Department of Business and Professional
18 Regulation.
19 (b) "Transient public lodging establishment" has the
20 meaning ascribed in section 501.144, Florida Statutes.
21 (2) Effective October 1, 2002, through June 30, 2005,
22 the division shall implement an infant crib safety enforcement
23 demonstration program consistent with this section in Broward,
24 Franklin, Miami-Dade, Orange, and Osceola counties. During the
25 period of the demonstration program, the division is not
26 required to inspect infant cribs for enforcement of section
27 501.144, section 509.032, or section 509.221(10), Florida
28 Statutes, in a county that is not included in the
29 demonstration program.
30 (3) During the period of the demonstration program:
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1 (a) Each transient public lodging establishment
2 located in a county included in the demonstration program
3 shall annually file with the division a certificate attesting
4 that each full-size and non-full-size crib offered or provided
5 for use in the establishment has been inspected by a person
6 who is competent, based upon criteria established by the
7 division, to conduct the inspection, and that each crib is in
8 conformity with the requirements of section 501.144, Florida
9 Statutes. The division shall prescribe the forms, timetables,
10 and procedures for filing the certificate.
11 (b) The division shall inspect the full-size and
12 non-full-size cribs offered or provided for use in each
13 transient public lodging establishment located in a county
14 included in the demonstration program. The division shall
15 perform these crib inspections during its routine inspections
16 conducted under section 509.032, Florida Statutes. When
17 performing these crib inspections, the division is not
18 required to inspect every crib at each establishment, but may
19 use selective inspection techniques, including, but not
20 limited to, random sampling.
21 (4) The division shall conduct an evaluation of the
22 effectiveness of the demonstration program. By January 1,
23 2005, the division shall submit a report on the evaluation to
24 the Governor, the President of the Senate, the Speaker of the
25 House of Representatives, and the majority and minority
26 leaders of the Senate and the House of Representatives. The
27 report must include an evaluation of compliance by transient
28 public lodging establishments, the time and costs associated
29 with conducting crib inspections, and the barriers to
30 enforcing the Florida Infant Crib Safety Act. The report must
31 also include recommendations as to whether the demonstration
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1 program should be continued, expanded, or revised to enhance
2 its administration or effectiveness.
3 (5) The Department of Business and Professional
4 Regulation may adopt rules under ss. 120.536(1) and 120.54 for
5 the administration of this section.
6 (6) This section expires June 30, 2005.
7 Section 6. If any law that is amended by this act was
8 also amended by a law enacted at the 2002 Regular Session of
9 the Legislature, such laws shall be construed as if they had
10 been enacted by the same session of the Legislature, and full
11 effect should be given to each if that is possible.
12 Section 7. This act shall take effect October 1, 2002.
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2 SENATE SUMMARY
3 Creates the Florida Infant Crib Safety Act. Provides
definitions. Prohibits commercial users from
4 manufacturing, remanufacturing, retrofitting, selling,
contracting to sell or resell, leasing, or subletting
5 specified cribs determined to be unsafe for use by
infants. Prohibits transient public lodging
6 establishments from offering or providing for use
specified cribs determined to be unsafe for use by
7 infants. Provides criteria for determining safety of
infant cribs. Provides exemptions. Provides specified
8 immunity from civil liability. Provides penalties.
Provides that violation of the act constitutes an unfair
9 and deceptive trade practice. Authorizes the Department
of Agriculture and Consumer Services, the Department of
10 Business and Professional Regulation, and the Department
of Children and Family Services to collaborate with
11 public agencies and private-sector entities to prepare
specified public-education materials and programs.
12 Authorizes the Department of Agriculture and Consumer
Services to adopt rules and prescribe forms. Prohibits
13 the use of certain cribs in public lodging
establishments. Provides for regulation and rulemaking by
14 the Division of Hotels and Restaurants of the Department
of Business and Professional Regulation. Prohibits unsafe
15 cribs in any child care facility, family day care home,
large family child care home, or specialized child care
16 facility for the care of mildly ill children. Provides
for enforcement and rulemaking powers of the Department
17 of Children and Family Services.
18 Creates an infant crib safety enforcement demonstration
program. Provides that crib inspections are not required
19 in certain counties during the duration of the program.
Requires crib inspections in certain counties during the
20 duration of the program. Provides requirements for crib
inspections by the Department of Business and
21 Professional Regulation. Requires transient public
lodging establishments to provide for inspection of
22 cribs. Requires a report. Provides for rulemaking by the
Department of Business and Professional Regulation.
23 Provides for the expiration of the demonstration program.
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