The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

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F.S. 316.6135

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.

F.S. 316.6135 on Google Scholar

F.S. 316.6135 on Casetext

Amendments to 316.6135

Arrestable Offenses / Crimes under Fla. Stat. 316.6135

Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.6135 1a - NEGLECT CHILD - UNATTENDED CHILD IN MTR VEH EXCESS OF 15 MINS - M: S

S316.6135 4 - NEGLECT CHILD - UNATTENDED CHILD IN MTR VEH CAUSE BODILY HARM - F: T

Civil Citations / Citable Offenses under S316.6135

R or S next to points is Mandatory Revocation or Suspension

S316.6135 Leaving UNATTENDED Child in vehicle (**) Fine $50 - $500 - Points on Drivers License:

S316.6135 (1)(a) Leaving Child in excess of 15 minutes - Points on Drivers License: 0

S316.6135 (1)(b) Leaving Child in vehicle w/motor running/health of child in danger - Points on Drivers License: 0

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . 2015 [176 So.3d 938], and 2019. 16.12 LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135 . . . Note to Judge: Give 3b, if applicable, only when the crime charged is a violation of F.S.§ 316.6135(4 . . . Stat. § 316.6135(4), Fla. Stat. 4. . . . Lesser Included Offenses LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE - 316.6135(4) . . . Leaving a Child 316.6135(1)(a) 16.12 Unattended if violation of § 316.6135(4), Fla. . . .

HICKS, v. STATE, 262 So. 3d 846 (Fla. App. Ct. 2018)

. . . violation of § 827.03(2)(b) ) and leaving a child unattended in a motor vehicle (in violation of § 316.6135 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

. . . instruction was adopted in 2013. 16.12 LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135 . . . Note to Judge: Give 3b, if applicable, only when the crime charged is a violation ofF.S. 316.6135(4.) . . . Stat. § 316.6135(4) 4. . . .

LONG, v. STATE, 83 So. 3d 980 (Fla. Dist. Ct. App. 2012)

. . . on the lesser included offense of leaving a child unattended in a motor vehicle pursuant to section 316.6135 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 3 So. 3d 1172 (Fla. 2009)

. . . APPENDIX 16.12 LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. . . . Note to Judge: Give 3b, if applicable, only when the crime charged, is a violation of F.S. 316.6135(4 . . . Lesser Included Offenses LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE — 316.6135(4) . . . Leaving a Child Unattended 316.6135(1)(a) None Comment This instruction was adopted in 2009. 25.19 UNLAWFUL . . .

STATE v. SAMMONS,, 889 So. 2d 857 (Fla. Dist. Ct. App. 2004)

. . . defendant for purposes of the motion to dismiss, would appear to have supported a charge under section 316.6135 . . .