January 22, 2021
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HB 1141

A bill to be entitled
2An act relating to smoking in vehicles with minor
3passengers; amending s. 316.6135, F.S.; reorganizing
4existing provisions; providing a definition; providing for
5enhanced penalties for any moving or nonmoving violation
6committed by a person driving or in control of a motor
7vehicle while a person in the vehicle is smoking when a
8minor is in the vehicle, regardless of whether the vehicle
9is in operation or parked; providing that an officer may
10issue a warning to a violator; providing that an officer
11may elect to distribute specified materials; providing
12that enforcement must only be a secondary action when the
13driver of the motor vehicle has been detained for another
14violation of specified provisions; amending s. 318.18,
15F.S.; providing the enhanced penalty; providing that no
16enhanced penalty may be assessed for violations committed
17before a specified date; providing an effective date.
19Be It Enacted by the Legislature of the State of Florida:
21     Section 1.  Section 316.6135, Florida Statutes, is amended
22to read:
23     316.6135  Endangering Leaving children unattended or
24unsupervised in motor vehicles; penalties penalty; authority of
25law enforcement officer.-
26     (1)(a)  A parent, legal guardian, or other person
27responsible for a child younger than 6 years of age may not
28leave 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
31is running or the health of the child is in danger.
32     (b)1.(2)  Any person who violates subparagraph (a)1. the
33provisions of paragraph (1)(a) commits a misdemeanor of the
34second degree punishable as provided in s. 775.082 or s.
36     2.(3)  Any person who violates subparagraph (a)2. commits
37the provisions of paragraph (1)(b) is guilty of a noncriminal
38traffic infraction, punishable by a fine not less than $50 and
39not more than $500.
40     3.(4)  Any person who violates paragraph (a) subsection (1)
41and in so doing causes great bodily harm, permanent disability,
42or permanent disfigurement to a child commits a felony of the
43third degree, punishable as provided in s. 775.082, s. 775.083,
44or s. 775.084.
45     (c)1.(5)  Any law enforcement officer who observes a child
46left unattended or unsupervised in a motor vehicle in violation
47of paragraph (a) subsection (1) may use whatever means are
48reasonably necessary to protect the minor child and to remove
49the child from the vehicle.
50     2.(6)  If the child is removed from the immediate area,
51notification should be placed on the vehicle.
52     3.(7)  The child shall be remanded to the custody of the
53Department of Children and Family Services pursuant to chapter
5439, unless the law enforcement officer is able to locate the
55parents or legal guardian or other person responsible for the
57     (2)(a)  As used in this subsection, the term "smoking" has
58the same meaning as provided in s. 386.203.
59     (b)  It is unlawful for any person to drive or be in actual
60physical control of a motor vehicle in this state while a person
61in the vehicle is smoking if a minor under 16 years of age is
62present in the vehicle, regardless of whether the vehicle is in
63operation or parked.
64     (c)  A person who violates this subsection shall, unless
65issued a warning, pay an enhanced penalty under s. 318.18(21).
66An officer may elect to issue a warning to a violator.
67Additionally, an officer may elect to provide a violator with
68materials relating to the dangers of smoking in a vehicle with
69children or available smoking cessation programs.
70     (d)  Enforcement of this subsection by state or local law
71enforcement agencies must only be accomplished as a secondary
72action when the driver of the motor vehicle has been detained
73for another violation of this chapter, chapter 320, or chapter
75     Section 2.  Subsection (21) is added to section 318.18,
76Florida Statutes, to read:
77     318.18  Amount of penalties.-The penalties required for a
78noncriminal disposition pursuant to s. 318.14 or a criminal
79offense 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
82traffic violation committed by operating a motor vehicle in this
83state while a person in the vehicle is smoking if a minor under
8416 years of age is present in the vehicle as provided in s.
86     Section 3.  Notwithstanding any other provision of law, no
87enhanced penalty may be assessed for a violation of s.
88316.6135(2), Florida Statutes, as created by this act, committed
89before January 1, 2011.
90     Section 4.  This act shall take effect October 1, 2010.

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