Florida Senate - 2018                                      SB 92
       By Senator Book
       32-00213-18                                             201892__
    1                        A bill to be entitled                      
    2         An act relating to children in motor vehicles;
    3         amending s. 316.6135, F.S.; prohibiting a parent,
    4         legal guardian, or other person responsible for a
    5         child younger than a specified age from leaving the
    6         child unattended or unsupervised in a motor vehicle
    7         for any length of time; providing criminal penalties;
    8         providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 316.6135, Florida Statutes, is amended
   13  to read:
   14         316.6135 Leaving children unattended or unsupervised in
   15  motor vehicles; penalty; authority of law enforcement officer.—
   16         (1) A parent, legal guardian, or other person responsible
   17  for a child younger than 6 years of age may not leave the child
   18  unattended or unsupervised in a motor vehicle for any length of
   19  time:
   20         (a) For a period in excess of 15 minutes;
   21         (b) For any period of time if the motor of the vehicle is
   22  running, the health of the child is in danger, or the child
   23  appears to be in distress.
   24         (2) Any person who violates subsection (1) the provisions
   25  of paragraph (1)(a) commits a misdemeanor of the second degree,
   26  punishable as provided in s. 775.082 or s. 775.083.
   27         (3) Any person who violates the provisions of paragraph
   28  (1)(b) is guilty of a noncriminal traffic infraction, punishable
   29  by a fine not less than $50 and not more than $500.
   30         (3)(4) Any person who violates subsection (1) and in so
   31  doing causes great bodily harm, permanent disability, or
   32  permanent disfigurement to a child commits a felony of the third
   33  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   34  775.084.
   35         (4)(5) Any law enforcement officer who observes a child
   36  left unattended or unsupervised in a motor vehicle in violation
   37  of subsection (1) may use whatever means are reasonably
   38  necessary to protect the minor child and to remove him or her
   39  the child from the vehicle.
   40         (5)(6) If the child is removed from the immediate area,
   41  notification should be placed on the vehicle.
   42         (6)(7) The child shall be remanded to the custody of the
   43  Department of Children and Families pursuant to chapter 39,
   44  unless the law enforcement officer is able to locate the parents
   45  or legal guardian or other person responsible for the child.
   46         Section 2. This act shall take effect October 1, 2018.