HB 667

1	A bill to be entitled
2	An act relating to the offense of leaving a child
3	unattended or unsupervised in a motor vehicle; amending s.
4	316.6135, F.S.; providing that such offense constitutes a
5	second-degree misdemeanor rather than a noncriminal
6	traffic infraction; providing that such offense is a
7	third-degree felony if the child suffers great bodily
8	harm, disability, or disfigurement; providing penalties;
9	providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 316.6135, Florida Statutes, is amended
14	to read:
15	316.6135  Leaving children unattended or unsupervised in
16	motor vehicles vehicle; penalty; authority of law enforcement
17	officer.--
18	(1)  A No parent, legal guardian, or other person
19	responsible for a child younger than 6 years of age may not
20	shall leave such child unattended or unsupervised in a motor
21	vehicle for a period in excess of 15 minutes; however, no such
22	person may not shall leave a child unattended for any period of
23	time if the motor of the vehicle is running or the health of the
24	child is in danger.
25	(2)  Any person who violates the provisions of subsection
26	(1) commits a misdemeanor of the second degree, punishable as
27	provided in s. 775.082 or s. 775.083. is guilty of a noncriminal
28	traffic infraction, punishable by a fine of:
29	(a)  Not more than $100; or
30	(b)  Not less than $50 and not more than $500 if the motor
31	of the vehicle was running or the health of the child was in
32	danger at the time of the violation.
33	(3)  Any person who violates subsection (1) and in so doing
34	causes great bodily harm, permanent disability, or permanent
35	disfigurement to a child commits a felony of the third degree,
36	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
37	(4)(3)  Any law enforcement officer who observes a child
38	left unattended or unsupervised in a motor vehicle in violation
39	of subsection (1) may use whatever means are reasonably
40	necessary to protect the minor child and to remove the child
41	from the vehicle.
42	(5)(4)  If the child is removed from the immediate area,
43	notification should be placed on the vehicle.
44	(6)(5)  The child shall be remanded to the custody of the
45	Department of Children and Family Services pursuant to chapter
46	39, unless the law enforcement officer is able to locate the
47	parents or legal guardian or other person responsible for the
48	child.
49	Section 2.  This act shall take effect July 1, 2007.

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