(LATE FILED)Amendment
Bill No. 1169
Amendment No. 941419
Senate House

1Representative Smith offered the following:
3     Amendment (with title amendment)
4     Between lines 130 and 131, insert:
5     Section 5.  Section 316.6135, Florida Statutes, is amended
6to read:
7     316.6135  Leaving children unattended or unsupervised in
8motor vehicles vehicle; penalty; authority of law enforcement
10     (1)  A No parent, legal guardian, or other person
11responsible for a child younger than 6 years of age may not
12shall leave such child unattended or unsupervised in a motor
13vehicle for a period in excess of 15 minutes; however, no such
14person may not shall leave a child unattended for any period of
15time if the motor of the vehicle is running or the health of the
16child is in danger.
17     (2)  Any person who violates the provisions of subsection
18(1) commits a misdemeanor of the second degree, punishable as
19provided in s. 775.082 or s. 775.083. is guilty of a noncriminal
20traffic 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
23of the vehicle was running or the health of the child was in
24danger at the time of the violation.
25     (3)  Any person who violates subsection (1) and in so doing
26causes great bodily harm, permanent disability, or permanent
27disfigurement to a child, commits a felony of the third degree,
28punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
29     (4)(3)  Any law enforcement officer who observes a child
30left unattended or unsupervised in a motor vehicle in violation
31of subsection (1) may use whatever means are reasonably
32necessary to protect the minor child and to remove the child
33from the vehicle.
34     (5)(4)  If the child is removed from the immediate area,
35notification should be placed on the vehicle.
36     (6)(5)  The child shall be remanded to the custody of the
37Department of Children and Family Services pursuant to chapter
3839, unless the law enforcement officer is able to locate the
39parents or legal guardian or other person responsible for the
42======= T I T L E  A M E N D M E N T =======
43     Remove lines 1-20 and insert:
44An act relating to vehicular incidents involving death or
45personal injuries; providing a short title; amending s. 316.027,
46F.S.; requiring a court to sentence a driver of a vehicle to a
47minimum term of imprisonment if the person is driving under the
48influence and leaves the scene of a crash that results in death;
49requiring a court to order the driver of a vehicle to make
50restitution to the victim for any damage or loss if a driver
51leaves the scene of an accident that results in injury or death;
52requiring a court to make the payment of restitution a condition
53of probation; providing that an order requiring the defendant to
54make restitution to a victim does not remove or diminish the
55requirement that the court order payment to the Crimes
56Compensation Trust Fund; amending s. 316.193, F.S.; requiring
57that a person convicted of DUI manslaughter be sentenced to a
58mandatory minimum term of imprisonment; amending s. 921.0021,
59F.S.; allowing assessment of victim injury points for certain
60offenses if the court finds that the offender caused victim
61injury; amending s. 316.6135, F.S.; providing that such offense
62constitutes a second-degree misdemeanor rather than a
63noncriminal traffic infraction; providing that such offense is a
64third-degree felony if the child suffers great bodily harm,
65disability, or disfigurement; providing penalties;

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