November 22, 2019
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       Florida Senate - 2010                                    SB 2596
       
       
       
       By Senator Crist
       
       
       
       
       12-01651A-10                                          20102596__
    1                        A bill to be entitled                      
    2         An act relating to smoking in vehicles with minor
    3         passengers; amending s. 316.6135, F.S.; reorganizing
    4         existing provisions; providing a definition; providing
    5         for enhanced penalties for any moving or nonmoving
    6         violation committed by a person driving or in control
    7         of a motor vehicle while a person in the vehicle is
    8         smoking when a minor is in the vehicle, regardless of
    9         whether the vehicle is in operation or parked;
   10         providing that an officer may issue a warning to a
   11         violator; providing that an officer may elect to
   12         distribute specified materials; providing that
   13         enforcement must only be a secondary action when the
   14         driver of the motor vehicle has been detained for
   15         another violation of specified provisions; amending s.
   16         318.18, F.S.; providing the enhanced penalty;
   17         providing that no enhanced penalty may be assessed for
   18         violations committed before a specified date;
   19         providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 316.6135, Florida Statutes, is amended
   24  to read:
   25         316.6135 Endangering Leaving children unattended or
   26  unsupervised in motor vehicles; penalties penalty; authority of
   27  law enforcement officer.—
   28         (1)(a) A parent, legal guardian, or other person
   29  responsible for a child younger than 6 years of age may not
   30  leave such child unattended or unsupervised in a motor vehicle:
   31         1.(a) For a period in excess of 15 minutes;
   32         2.(b) For any period of time if the motor of the vehicle is
   33  running or the health of the child is in danger.
   34         (b)1.(2) Any person who violates subparagraph (a)1. the
   35  provisions of paragraph (1)(a) commits a misdemeanor of the
   36  second degree punishable as provided in s. 775.082 or s.
   37  775.083.
   38         2.(3) Any person who violates subparagraph (a)2. commits
   39  the provisions of paragraph (1)(b) is guilty of a noncriminal
   40  traffic infraction, punishable by a fine not less than $50 and
   41  not more than $500.
   42         3.(4) Any person who violates paragraph (a) subsection (1)
   43  and in so doing causes great bodily harm, permanent disability,
   44  or permanent disfigurement to a child commits a felony of the
   45  third degree, punishable as provided in s. 775.082, s. 775.083,
   46  or s. 775.084.
   47         (c)1.(5) Any law enforcement officer who observes a child
   48  left unattended or unsupervised in a motor vehicle in violation
   49  of paragraph (a) subsection (1) may use whatever means are
   50  reasonably necessary to protect the minor child and to remove
   51  the child from the vehicle.
   52         2.(6) If the child is removed from the immediate area,
   53  notification should be placed on the vehicle.
   54         3.(7) The child shall be remanded to the custody of the
   55  Department of Children and Family Services pursuant to chapter
   56  39, unless the law enforcement officer is able to locate the
   57  parents or legal guardian or other person responsible for the
   58  child.
   59         (2)(a) As used in this subsection, the term “smoking” has
   60  the same meaning as provided in s. 386.203.
   61         (b) It is unlawful for any person to drive or be in actual
   62  physical control of a motor vehicle in this state while a person
   63  in the vehicle is smoking if a minor under 16 years of age is
   64  present in the vehicle, regardless of whether the vehicle is in
   65  operation or parked.
   66         (c) A person who violates this subsection shall, unless
   67  issued a warning, pay an enhanced penalty under s. 318.18(21).
   68  An officer may elect to issue a warning to a violator.
   69  Additionally, an officer may elect to provide a violator with
   70  materials relating to the dangers of smoking in a vehicle with
   71  children or available smoking cessation programs.
   72         (d) Enforcement of this subsection by state or local law
   73  enforcement agencies must only be accomplished as a secondary
   74  action when the driver of the motor vehicle has been detained
   75  for another violation of this chapter, chapter 320, or chapter
   76  322.
   77         Section 2. Subsection (21) is added to section 318.18,
   78  Florida Statutes, to read:
   79         318.18 Amount of penalties.—The penalties required for a
   80  noncriminal disposition pursuant to s. 318.14 or a criminal
   81  offense listed in s. 318.17 are as follows:
   82         (21) In addition to any penalties imposed, an additional
   83  $100 must be paid for any noncriminal moving or nonmoving
   84  traffic violation committed by operating a motor vehicle in this
   85  state while a person in the vehicle is smoking if a minor under
   86  16 years of age is present in the vehicle as provided in s.
   87  316.6135(2).
   88         Section 3. Notwithstanding any other provision of law, no
   89  enhanced penalty may be assessed for a violation of s.
   90  316.6135(2), Florida Statutes, as created by this act, committed
   91  before January 1, 2011.
   92         Section 4. This act shall take effect October 1, 2010.

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