| 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; |