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A bill to be entitled |
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An act relating to safety of children; amending s. |
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316.6135, F.S.; providing definitions; providing penalties |
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for leaving a child unattended or unsupervised in a motor |
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vehicle; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 316.6135, Florida Statutes, is amended |
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to read: |
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316.6135 Leaving children unattended or unsupervised in |
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motor vehicle; penalty; authority of law enforcement officer.-- |
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(1) As used in this section:
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(a) “Unattended” means that the parent, legal guardian, or |
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other person responsible for a child is more than 10 feet from |
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the child and is unable to continuously observe the child.
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(b) “Unsupervised” means that no person older than 11 |
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years of age remains in the motor vehicle with the child.
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(2)(1)No parent, legal guardian, or other person |
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responsible for a child younger than 6 years of age shall leave |
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such child unattended or unsupervised in a motor vehicle for a |
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period in excess of 15 minutes; however, no such person shall |
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leave a child unattended for any period of time if the motor of |
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the vehicle is running or the health of the child is in danger. |
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Any person who violates the provisions of this subsection |
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commits a noncriminal traffic infraction, punishable by a fine |
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of $10. |
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(3) Any parent, legal guardian, or other person |
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responsible for a child younger than 6 years of age who commits |
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a violation of subsection (2) and who has previously been found |
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to have violated that subsection, who leaves a child younger |
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than 6 years of age unattended or unsupervised for a period in |
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excess of 15 minutes, or who leaves a child younger than 6 years |
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of age unattended for any period of time if the motor vehicle is |
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running or the health of the child is in danger commits a |
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misdemeanor of the first degree, punishable as provided in s. |
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775.082 or s. 775.083.
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(2) Any person who violates the provisions of subsection |
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(1) is guilty of a noncriminal traffic infraction, punishable by |
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a fine of:
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(a) Not more than $100; or
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(b) Not less than $50 and not more than $500 if the motor |
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of the vehicle was running or the health of the child was in |
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danger at the time of the violation.
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(4)(3)Any law enforcement officer who observes a child |
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left unattended or unsupervised in a motor vehicle in violation |
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of this sectionsubsection (1)may use whatever means are |
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reasonably necessary to protect the minor child and to remove |
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the child from the vehicle. |
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(5)(4)If the child is removed from the immediate area |
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notification should be placed on the vehicle. |
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(6)(5)The child shall be remanded to the custody of the |
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Department of Children and Family Services pursuant to chapter |
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39, unless the law enforcement officer is able to locate the |
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parents or legal guardian or other person responsible for the |
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child. |
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Section 2. This act shall take effect October 1, 2003. |