Senate Bill sb0996

    Florida Senate - 2005                                   SB 996

    By Senator Dawson





    29-881-05

  1                      A bill to be entitled

  2         An act relating to the offense of leaving a

  3         child unattended or unsupervised in a motor

  4         vehicle; amending s. 316.6135, F.S.; providing

  5         that such offense constitutes a second-degree

  6         misdemeanor rather than a noncriminal traffic

  7         infraction; providing that such offense is a

  8         second-degree felony if the child suffers great

  9         bodily harm, disability, or disfigurement;

10         providing penalties; providing an effective

11         date.

12  

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

14  

15         Section 1.  Section 316.6135, Florida Statutes, is

16  amended to read:

17         316.6135  Leaving children unattended or unsupervised

18  in motor vehicles vehicle; penalty; authority of law

19  enforcement officer.--

20         (1)  A No parent, legal guardian, or other person

21  responsible for a child younger than 6 years of age may not

22  shall leave such child unattended or unsupervised in a motor

23  vehicle for a period in excess of 15 minutes; however, no such

24  person may not shall leave a child unattended for any period

25  of time if the motor of the vehicle is running or the health

26  of the child is in danger.

27         (2)  Any person who violates the provisions of

28  subsection (1) commits a misdemeanor of the second degree,

29  punishable as provided in s. 775.082 or s. 775.083. is guilty

30  of a noncriminal traffic infraction, punishable by a fine of:

31         (a)  Not more than $100; or

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






    Florida Senate - 2005                                   SB 996
    29-881-05




 1         (b)  Not less than $50 and not more than $500 if the

 2  motor of the vehicle was running or the health of the child

 3  was in danger at the time of the violation.

 4         (3)  Any person who violates subsection (1) and in so

 5  doing causes great bodily harm, permanent disability, or

 6  permanent disfigurement to a child, commits a felony of the

 7  second degree, punishable as provided in s. 775.082, s.

 8  775.083, or s. 775.084.

 9         (4)(3)  Any law enforcement officer who observes a

10  child left unattended or unsupervised in a motor vehicle in

11  violation of subsection (1) may use whatever means are

12  reasonably necessary to protect the minor child and to remove

13  the child from the vehicle.

14         (5)(4)  If the child is removed from the immediate

15  area, notification should be placed on the vehicle.

16         (6)(5)  The child shall be remanded to the custody of

17  the Department of Children and Family Services pursuant to

18  chapter 39, unless the law enforcement officer is able to

19  locate the parents or legal guardian or other person

20  responsible for the child.

21         Section 2.  This act shall take effect July 1, 2005.

22  

23            *****************************************

24                          SENATE SUMMARY

25    Provides that it is a misdemeanor of the second degree,
      rather than a noncriminal traffic violation, to leave a
26    child unattended in a motor vehicle longer than 15
      minutes. Provides that a violation that leaves a child
27    seriously harmed is a felony of the second degree.

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