316.6135 Leaving children unattended or unsupervised in motor vehicles; penalty; authority of law enforcement officer.—
(1) A parent, legal guardian, or other person responsible for a child younger than 6 years of age may not leave the child unattended or unsupervised in a motor vehicle:
(a) For a period in excess of 15 minutes;
(b) For any period of time if the motor of the vehicle is running, the health of the child is in danger, or the child appears to be in distress.
(2) Any person who violates the provisions of paragraph (1)(a) commits a misdemeanor of the second degree punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who violates the provisions of paragraph (1)(b) is guilty of a noncriminal traffic infraction, punishable by a fine not less than $50 and not more than $500.
(4) Any person who violates subsection (1) and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to a child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle.
(6) If the child is removed from the immediate area, notification should be placed on the vehicle.
(7) The child shall be remanded to the custody of the Department of Children and Families pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.
History.—s. 1, ch. 85-229; s. 4, ch. 87-225; s. 330, ch. 95-148; s. 57, ch. 99-8; s. 241, ch. 99-248; s. 1, ch. 2007-205; s. 14, ch. 2012-181; s. 56, ch. 2014-19.
Section: Previous 316.600 316.605 316.610 316.6105 316.611 316.613 316.6131 316.6135 316.614 316.6145 316.6146 316.615 316.622 316.635 316.640 NextLast modified: September 23, 2016