| 1 | A bill to be entitled |
| 2 | An act relating to smoking in vehicles with minor |
| 3 | passengers; amending s. 316.6135, F.S.; reorganizing |
| 4 | existing provisions; providing a definition; providing for |
| 5 | enhanced penalties for any moving or nonmoving violation |
| 6 | committed by a person driving or in control of a motor |
| 7 | vehicle while a person in the vehicle is smoking when a |
| 8 | minor is in the vehicle, regardless of whether the vehicle |
| 9 | is in operation or parked; providing that an officer may |
| 10 | issue a warning to a violator; providing that an officer |
| 11 | may elect to distribute specified materials; providing |
| 12 | that enforcement must only be a secondary action when the |
| 13 | driver of the motor vehicle has been detained for another |
| 14 | violation of specified provisions; amending s. 318.18, |
| 15 | F.S.; providing the enhanced penalty; providing that no |
| 16 | enhanced penalty may be assessed for violations committed |
| 17 | before a specified date; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 316.6135, Florida Statutes, is amended |
| 22 | to read: |
| 23 | 316.6135 Endangering Leaving children unattended or |
| 24 | unsupervised in motor vehicles; penalties penalty; authority of |
| 25 | law enforcement officer.- |
| 26 | (1)(a) A parent, legal guardian, or other person |
| 27 | responsible for a child younger than 6 years of age may not |
| 28 | leave such child unattended or unsupervised in a motor vehicle: |
| 29 | 1.(a) For a period in excess of 15 minutes; |
| 30 | 2.(b) For any period of time if the motor of the vehicle |
| 31 | is running or the health of the child is in danger. |
| 32 | (b)1.(2) Any person who violates subparagraph (a)1. the |
| 33 | provisions of paragraph (1)(a) commits a misdemeanor of the |
| 34 | second degree punishable as provided in s. 775.082 or s. |
| 35 | 775.083. |
| 36 | 2.(3) Any person who violates subparagraph (a)2. commits |
| 37 | the provisions of paragraph (1)(b) is guilty of a noncriminal |
| 38 | traffic infraction, punishable by a fine not less than $50 and |
| 39 | not more than $500. |
| 40 | 3.(4) Any person who violates paragraph (a) subsection (1) |
| 41 | and in so doing causes great bodily harm, permanent disability, |
| 42 | or permanent disfigurement to a child commits a felony of the |
| 43 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 44 | or s. 775.084. |
| 45 | (c)1.(5) Any law enforcement officer who observes a child |
| 46 | left unattended or unsupervised in a motor vehicle in violation |
| 47 | of paragraph (a) subsection (1) may use whatever means are |
| 48 | reasonably necessary to protect the minor child and to remove |
| 49 | the child from the vehicle. |
| 50 | 2.(6) If the child is removed from the immediate area, |
| 51 | notification should be placed on the vehicle. |
| 52 | 3.(7) The child shall be remanded to the custody of the |
| 53 | Department of Children and Family Services pursuant to chapter |
| 54 | 39, unless the law enforcement officer is able to locate the |
| 55 | parents or legal guardian or other person responsible for the |
| 56 | child. |
| 57 | (2)(a) As used in this subsection, the term "smoking" has |
| 58 | the same meaning as provided in s. 386.203. |
| 59 | (b) It is unlawful for any person to drive or be in actual |
| 60 | physical control of a motor vehicle in this state while a person |
| 61 | in the vehicle is smoking if a minor under 16 years of age is |
| 62 | present in the vehicle, regardless of whether the vehicle is in |
| 63 | operation or parked. |
| 64 | (c) A person who violates this subsection shall, unless |
| 65 | issued a warning, pay an enhanced penalty under s. 318.18(21). |
| 66 | An officer may elect to issue a warning to a violator. |
| 67 | Additionally, an officer may elect to provide a violator with |
| 68 | materials relating to the dangers of smoking in a vehicle with |
| 69 | children or available smoking cessation programs. |
| 70 | (d) Enforcement of this subsection by state or local law |
| 71 | enforcement agencies must only be accomplished as a secondary |
| 72 | action when the driver of the motor vehicle has been detained |
| 73 | for another violation of this chapter, chapter 320, or chapter |
| 74 | 322. |
| 75 | Section 2. Subsection (21) is added to section 318.18, |
| 76 | Florida Statutes, to read: |
| 77 | 318.18 Amount of penalties.-The penalties required for a |
| 78 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 79 | offense listed in s. 318.17 are as follows: |
| 80 | (21) In addition to any penalties imposed, an additional |
| 81 | $100 must be paid for any noncriminal moving or nonmoving |
| 82 | traffic violation committed by operating a motor vehicle in this |
| 83 | state while a person in the vehicle is smoking if a minor under |
| 84 | 16 years of age is present in the vehicle as provided in s. |
| 85 | 316.6135(2). |
| 86 | Section 3. Notwithstanding any other provision of law, no |
| 87 | enhanced penalty may be assessed for a violation of s. |
| 88 | 316.6135(2), Florida Statutes, as created by this act, committed |
| 89 | before January 1, 2011. |
| 90 | Section 4. This act shall take effect October 1, 2010. |