1 | Representative Smith offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 130 and 131, insert: |
5 | Section 5. Section 316.6135, Florida Statutes, is amended |
6 | to read: |
7 | 316.6135 Leaving children unattended or unsupervised in |
8 | motor vehicles vehicle; penalty; authority of law enforcement |
9 | officer.-- |
10 | (1) A No parent, legal guardian, or other person |
11 | responsible for a child younger than 6 years of age may not |
12 | shall leave such child unattended or unsupervised in a motor |
13 | vehicle for a period in excess of 15 minutes; however, no such |
14 | person may not shall leave a child unattended for any period of |
15 | time if the motor of the vehicle is running or the health of the |
16 | child is in danger. |
17 | (2) Any person who violates the provisions of subsection |
18 | (1) commits a misdemeanor of the second degree, punishable as |
19 | provided in s. 775.082 or s. 775.083. is guilty of a noncriminal |
20 | traffic infraction, punishable by a fine of: |
21 | (a) Not more than $100; or |
22 | (b) Not less than $50 and not more than $500 if the motor |
23 | of the vehicle was running or the health of the child was in |
24 | danger at the time of the violation. |
25 | (3) Any person who violates subsection (1) and in so doing |
26 | causes great bodily harm, permanent disability, or permanent |
27 | disfigurement to a child, commits a felony of the third degree, |
28 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
29 | (4)(3) Any law enforcement officer who observes a child |
30 | left unattended or unsupervised in a motor vehicle in violation |
31 | of subsection (1) may use whatever means are reasonably |
32 | necessary to protect the minor child and to remove the child |
33 | from the vehicle. |
34 | (5)(4) If the child is removed from the immediate area, |
35 | notification should be placed on the vehicle. |
36 | (6)(5) The child shall be remanded to the custody of the |
37 | Department of Children and Family Services pursuant to chapter |
38 | 39, unless the law enforcement officer is able to locate the |
39 | parents or legal guardian or other person responsible for the |
40 | child. |
41 |
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42 | ======= T I T L E A M E N D M E N T ======= |
43 | Remove lines 1-20 and insert: |
44 | An act relating to vehicular incidents involving death or |
45 | personal injuries; providing a short title; amending s. 316.027, |
46 | F.S.; requiring a court to sentence a driver of a vehicle to a |
47 | minimum term of imprisonment if the person is driving under the |
48 | influence and leaves the scene of a crash that results in death; |
49 | requiring a court to order the driver of a vehicle to make |
50 | restitution to the victim for any damage or loss if a driver |
51 | leaves the scene of an accident that results in injury or death; |
52 | requiring a court to make the payment of restitution a condition |
53 | of probation; providing that an order requiring the defendant to |
54 | make restitution to a victim does not remove or diminish the |
55 | requirement that the court order payment to the Crimes |
56 | Compensation Trust Fund; amending s. 316.193, F.S.; requiring |
57 | that a person convicted of DUI manslaughter be sentenced to a |
58 | mandatory minimum term of imprisonment; amending s. 921.0021, |
59 | F.S.; allowing assessment of victim injury points for certain |
60 | offenses if the court finds that the offender caused victim |
61 | injury; amending s. 316.6135, F.S.; providing that such offense |
62 | constitutes a second-degree misdemeanor rather than a |
63 | noncriminal traffic infraction; providing that such offense is a |
64 | third-degree felony if the child suffers great bodily harm, |
65 | disability, or disfigurement; providing penalties; |