Senate Bill sb0002e1

    SB 2                                           First Engrossed



  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 under certain conditions; providing

  7         that such offense is a third-degree felony if

  8         the child suffers great bodily harm,

  9         disability, or disfigurement; providing

10         penalties; providing an effective date.

11  

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

13  

14         Section 1.  Section 316.6135, Florida Statutes, is

15  amended to read:

16         316.6135  Leaving children unattended or unsupervised

17  in motor vehicles vehicle; penalty; authority of law

18  enforcement officer.--

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

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

21  shall leave such child unattended or unsupervised in a motor

22  vehicle:

23         (a)  For a period in excess of 15 minutes; however, no

24  such person shall leave a child unattended

25         (b)  For any period of time if the motor of the vehicle

26  is running or the health of the child is in danger.

27         (2)  Any person who violates the provisions of

28  subsection (1)(a) 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


                                  1

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






    SB 2                                           First Engrossed



 1         (3)  Any person who violates the provisions of

 2  subsection (1)(b) is guilty of a noncriminal traffic

 3  infraction, punishable by a fine

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

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

 6  was in danger at the time of the violation.

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

 8  doing causes great bodily harm, permanent disability, or

 9  permanent disfigurement to a child commits a felony of the

10  third degree, punishable as provided in s. 775.082, s.

11  775.083, or s. 775.084.

12         (5)(3)  Any law enforcement officer who observes a

13  child left unattended or unsupervised in a motor vehicle in

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

15  reasonably necessary to protect the minor child and to remove

16  the child from the vehicle.

17         (6)(4)  If the child is removed from the immediate

18  area, notification should be placed on the vehicle.

19         (7)(5)  The child shall be remanded to the custody of

20  the Department of Children and Family Services pursuant to

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

22  locate the parents or legal guardian or other person

23  responsible for the child.

24         Section 2.  This act shall take effect July 1, 2007.

25  

26  

27  

28  

29  

30  

31  


                                  2

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