House Bill hb0085

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




    Florida House of Representatives - 2001                  HB 85

        By Representative Meadows






  1                      A bill to be entitled

  2         An act relating to infant cribs; creating s.

  3         501.144, F.S.; creating the Florida Infant Crib

  4         Safety Act; providing definitions; prohibiting

  5         commercial users from manufacturing,

  6         retrofitting, selling, contracting to sell or

  7         resell, leasing, or subletting specified cribs

  8         determined to be unsafe for use by infants;

  9         prohibiting public lodging establishments from

10         offering or providing for use specified cribs

11         determined to be unsafe for use by infants;

12         providing criteria for determining safety of

13         infant cribs; providing exemptions; providing

14         specified immunity from civil liability;

15         providing a penalty; providing that violation

16         of the act constitutes an unfair and deceptive

17         trade practice; providing causes of action;

18         authorizing the Department of Agriculture and

19         Consumer Services to collaborate with public

20         agencies and private sector entities to prepare

21         specified public education materials and

22         programs; authorizing the department to adopt

23         rules; providing an effective date.

24

25         WHEREAS, the disability and death of infants resulting

26  from injuries sustained in crib accidents are a serious threat

27  to the public health, safety, and welfare of the people of the

28  state, and

29         WHEREAS, the design and construction of an infant crib

30  must ensure that it is safe, and a parent or caregiver has a

31

                                  1

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






    Florida House of Representatives - 2001                  HB 85

    740-101-01






  1  right to believe that an infant crib in use is a safe

  2  containment in which to place an infant, and

  3         WHEREAS, over 13,000 infants are injured in unsafe

  4  cribs every year, and

  5         WHEREAS, prohibiting the remanufacture, retrofitting,

  6  sale, contracting to sell or resell, leasing, or subletting of

  7  unsafe infant cribs, particularly unsafe secondhand,

  8  hand-me-down, or heirloom cribs, will reduce injuries and

  9  deaths caused by cribs, and

10         WHEREAS, it is the intent of the Legislature to reduce

11  the occurrence of injuries and deaths to infants as a result

12  of unsafe cribs which do not conform to modern safety

13  standards by making it illegal to remanufacture, retrofit,

14  sell, contract to sell or resell, lease, sublet, or otherwise

15  place in the stream of commerce any full size or non-full-size

16  crib that is unsafe, and

17         WHEREAS, it is the intent of the Legislature to

18  encourage public and private collaboration in disseminating

19  materials relative to the safety of infant cribs to parents,

20  child care providers, and those individuals who would be

21  likely to place unsafe infant cribs in the stream of commerce,

22  NOW, THEREFORE,

23

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

25

26         Section 1.  Section 501.144, Florida Statutes, is

27  created to read:

28         501.144  Florida Infant Crib Safety Act.--

29         (1)  SHORT TITLE.--This act shall be known and may be

30  cited as the "Florida Infant Crib Safety Act."

31

                                  2

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






    Florida House of Representatives - 2001                  HB 85

    740-101-01






  1         (2)  DEFINITIONS.--The following words and phrases,

  2  when used in this act, shall have the meanings ascribed to

  3  them in this subsection unless the context clearly indicates

  4  otherwise:

  5         (a)  "Commercial user" means a person who deals in full

  6  size or non-full-size cribs or who otherwise by one's

  7  occupation holds oneself out as having knowledge or skill

  8  peculiar to full size or non-full-size cribs, including child

  9  care facilities licensed by the Department of Children and

10  Family Services and local government agencies, or any person

11  who is in the business of remanufacturing, retrofitting,

12  selling, leasing, subletting, or otherwise placing in the

13  stream of commerce full size or non-full-size cribs.

14         (b)  "Crib" means a bed or containment designed to

15  accommodate an infant.

16         (c)  "Department" means the Department of Agriculture

17  and Consumer Services.

18         (d)  "Full size crib" means a full size baby crib as

19  defined in 16 C.F.R. part 1508, relating to requirements for

20  full size baby cribs.

21         (e)  "Infant" means a person less than 35 inches tall

22  and less than 3 years of age.

23         (f)  "Non-full-size crib" means a non-full-size baby

24  crib as defined in 16 C.F.R. part 1509, relating to

25  requirements for non-full-size baby cribs.

26         (g)  "Person" means a natural person, firm,

27  partnership, corporation, association, agent, or employee

28  thereof.

29         (h)  "Public lodging establishment" means any hotel,

30  motel, resort condominium, nontransient apartment, transient

31

                                  3

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






    Florida House of Representatives - 2001                  HB 85

    740-101-01






  1  apartment, roominghouse, bed and breakfast inn, or resort

  2  dwelling, as defined in s. 509.242.

  3         (3)  PROHIBITED PRACTICES.--

  4         (a)  No commercial user shall remanufacture, retrofit,

  5  sell, contract to sell or resell, lease, sublet, or otherwise

  6  place in the stream of commerce a full size or non-full-size

  7  crib that is unsafe for any infant using the crib because it

  8  does not conform to the conditions set forth in paragraph

  9  (4)(a) or because it has any of the dangerous features or

10  characteristics set forth in paragraph (4)(b).

11         (b)  No public lodging establishment shall offer,

12  provide for use, or otherwise place in the stream of commerce

13  on or after the effective date of this act a full size or

14  non-full-size crib that is unsafe for any infant using the

15  crib because it does not conform to the conditions set forth

16  in paragraph (4)(a) or because it has any of the dangerous

17  features or characteristics set forth in paragraph (4)(b).

18         (c)  A violation of this act is a deceptive and unfair

19  trade practice and constitutes a violation of part II of

20  chapter 501, the Florida Deceptive and Unfair Trade Practices

21  Act.

22         (4)  PRESUMPTION AS UNSAFE; CRITERIA.--

23         (a)  A crib shall be presumed to be unsafe under this

24  act if it does not conform to all of the following:

25         1.  16 C.F.R. part 1303, relating to ban of

26  lead-containing paint and certain consumer products bearing

27  lead-containing paint; 16 C.F.R. part 1508, relating to

28  requirements for full size baby cribs; and 16 C.F.R. part

29  1509, relating to requirements for non-full-size baby cribs.

30         2.  American Society for Testing and Materials

31  Voluntary Standards F966-96, F1169-99, and F1822-97.

                                  4

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






    Florida House of Representatives - 2001                  HB 85

    740-101-01






  1         3.  Any regulations that are adopted in order to amend

  2  or supplement the regulations described in subparagraphs 1.

  3  and 2.

  4         (b)  Cribs that are unsafe shall include, but not be

  5  limited to, cribs that have any of the following dangerous

  6  features or characteristics:

  7         1.  Corner posts that extend more than 1/16 of an inch.

  8         2.  Spaces between side slats more than 2 3/8 inches.

  9         3.  Mattress support that can be easily dislodged from

10  any point of the crib. A mattress segment shall be deemed

11  easily dislodged if it cannot withstand at least a 25-pound

12  upward force from underneath the crib.

13         4.  Cutout designs on the end panels.

14         5.  Rail height dimensions that do not conform to the

15  following:

16         a.  The height of the rail and end panel as measured

17  from the top of the rail or panel in its lowest position to

18  the top of the mattress support in its highest position is at

19  least 9 inches.

20         b.  The height of the rail and end panel as measured

21  from the top of the rail or panel in its highest position to

22  the top of the mattress support in its lowest position is at

23  least 26 inches.

24         6.  Any screw, bolt, or hardware that is loose and not

25  secured.

26         7.  Any sharp edge, point, or rough surface or any wood

27  surface that is not smooth and free from splinters, splits, or

28  cracks.

29         8.  A tear in mesh or fabric sides for a non-full-size

30  crib.

31

                                  5

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






    Florida House of Representatives - 2001                  HB 85

    740-101-01






  1         9.  With respect to portable folding cribs, latches

  2  that do not work automatically to prevent the unintentional

  3  collapse of the crib.

  4         (5)  EXEMPTIONS; CIVIL IMMUNITY.--

  5         (a)  A crib that is clearly not intended for use by an

  6  infant, including, but not limited to, a toy or display item,

  7  shall be exempt from this act, provided that the crib is

  8  accompanied at the time of remanufacturing, retrofitting,

  9  selling, leasing, subletting, or placement in the stream of

10  commerce by a notice to be furnished by the commercial user

11  declaring that the crib is not intended to be used for an

12  infant and is dangerous to use for an infant.

13         (b)  A commercial user who has complied with the notice

14  requirements set forth under paragraph (a) shall be immune

15  from civil liability resulting from the use of a crib,

16  notwithstanding the provisions of this act.

17         (6)  PENALTY.--A commercial user or public lodging

18  establishment that willfully and knowingly violates subsection

19  (3) commits a misdemeanor of the first degree, punishable by a

20  fine of not more than $1,000.

21         (7)  CAUSE OF ACTION; REMEDIES.--

22         (a)  Any person may maintain an action against a

23  commercial user who violates subsection (3) to enjoin the

24  manufacture, remanufacture, retrofit, sale, contract to sell

25  or resell, lease, or subletting of a full size or

26  non-full-size crib that is unsafe for any infant using the

27  crib and may recover reasonable attorney fees and costs in the

28  action.

29         (b)  Any person may maintain an action against a public

30  lodging establishment that violates subsection (3) to enjoin

31  the use of a full size or non-full-size crib that is unsafe

                                  6

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






    Florida House of Representatives - 2001                  HB 85

    740-101-01






  1  for any infant using the crib and may recover reasonable

  2  attorney fees and costs in the action.

  3         (c)  The remedies available under this act shall be in

  4  addition to any other remedies or procedures under any other

  5  provision of law that may be available to an aggrieved party.

  6         (8)  PUBLIC EDUCATION MATERIALS AND PROGRAMS.--The

  7  Department of Agriculture and Consumer Services is authorized

  8  to collaborate with any public agency or private sector entity

  9  to prepare public education materials or programs designed to

10  inform parents, child care providers, commercial users, and

11  any other person or entity which is likely to place unsafe

12  cribs in the stream of commerce of the dangers posed by

13  secondhand, hand-me-down, or heirloom cribs which do not

14  conform to the conditions set forth in this act or which have

15  any of the dangerous features or characteristics set forth in

16  this act.

17         (9)  RULEMAKING AUTHORITY.--The department has the

18  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

19  to implement this section.

20         Section 2.  This act shall take effect upon becoming a

21  law.

22

23

24

25

26

27

28

29

30

31

                                  7

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






    Florida House of Representatives - 2001                  HB 85

    740-101-01






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Creates the Florida Infant Crib Safety Act. Defines terms
  4    for purposes of the act. Prohibits commercial users, as
      defined by the act, from manufacturing, retrofitting,
  5    selling, or leasing specified cribs determined to be
      unsafe for use by infants. Prohibits public lodging
  6    establishments from offering or providing for use
      specified cribs determined to be unsafe for use by
  7    infants. Provides criteria for determining safety of
      infant cribs. Provides exemptions. Provides specified
  8    immunity from civil liability. Provides a first degree
      misdemeanor penalty for violation, punishable by a fine
  9    of not more than $1,000. Provides that violation of the
      act constitutes an unfair and deceptive trade practice.
10    Provides causes of action. Authorizes the Department of
      Agriculture and Consumer Services to collaborate with
11    public agencies and private sector entities to prepare
      public education materials and programs designed to
12    inform parents, child care providers, commercial users,
      and others of the dangers posed by unsafe cribs.
13    Authorizes the department to adopt rules.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  8

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