Florida Statutes

Fla. Stat. § 316.6135 (2025)

Leaving children unattended or unsupervised in motor vehicles; penalty; authority of law enforcement officer.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 316.6135

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§316.6135(1a)NEGLECT CHILDUNATTENDED CHILD IN MTR VEH EXCESS OF 15 MINSM · 2nd

§316.6135(4)NEGLECT CHILDUNATTENDED CHILD IN MTR VEH CAUSE BODILY HARMF · 3rd

Civil Citations under F.S. 316.6135

Driver's license points · R = revocation · S = suspension

§316.6135(1)(a)Leaving Child in excess of 15 minutes—

§316.6135(1)(b)Leaving Child in vehicle w/motor running/health of child in danger—

Notes of Decisions

Cited in 9 cases, 2004–2019 · leading case: In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-05, 131 So. 3d 755 (Fla. 2013).

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In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-05, 131 So. 3d 755 (Fla. 2013). · cites it 5× “Give if applicable crime charged is a violation of Fla. Stat. § 316.6135 (4) 4. In so doing, (defendant) caused [great bodily harm] [a permanent disability] [permanent disfigurement] was caused to (victim).”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). · cites it 7× “*70 Give if crime charged is a violation of Fla. Stat. § 316.6135 (4), Fla. Stat. 4. In so doing, (defendant) caused [great bodily harm] [a permanent disability] [permanent disfigurement] to (victim).”

State v. Sammons, 889 So. 2d 857 (Fla. 4th DCA 2004). · cites it 2× “Even without those additional factors, it should be noted that the facts stipulated to by the defendant for purposes of the motion to dismiss, would appear to have supported a charge under section 316.6135, Florida Statutes (2004), a non-criminal traffic infraction.”

Dep't of Child. & Families, Div. of Child Prot. & Permanency v. E.D.-o., 82 A.3d 330 (N.J. Super. Ct. App. Div. 2014). “Code § 15620 (a)(2) (making punishable by fine the leaving of an unattended child under six years of age in a motor vehicle "[w]hen the vehicle's engine is running or the vehicle's keys are in the ignition, or both"); Fla. Stat. § 316.6135 (1) (making it a misdemeanor to leave…”

In re Stand. Jury Instructions in Crim. Cases—Report No. 2008-07, 3 So. 3d 1172 (Fla. 2009). · cites it 3× “12 LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving a Child Unattended or Unsupervised in a Motor Vehicle, the State must prove the following [three] [four] elements beyond a reasonable doubt: L (Defendant) was a…”

Long v. State, 83 So. 3d 980 (Fla. 5th DCA 2012). · cites it 2× “1 Defendant argues that: 1) the evidence presented by the State was legally insufficient to convict him of manslaughter; and 2) the trial court erred in not instructing the jury on the lesser included offense of leaving a child unattended in a motor vehicle pursuant to section…”

Scott Thomas Hicks v. State of Florida (Fla. 1st DCA 2018). “03(2)(b)) and leaving a child unattended in a motor vehicle (in violation of § 316.6135(1)). But there is no double-jeopardy violation.”

Hicks v. State, 262 So. 3d 846 (Fla. 1st DCA 2018). “03(2)(b) ) and leaving a child unattended in a motor vehicle (in violation of § 316.6135(1) ). But there is no double-jeopardy violation.”

— 316.6135(1) — 3 cases

Hicks v. State, 262 So. 3d 846 (Fla. 1st DCA 2018). “03(2)(b) ) and leaving a child unattended in a motor vehicle (in violation of § 316.6135(1) ). But there is no double-jeopardy violation.”

— 316.6135(4) — 2 cases

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019). “*70 Give if crime charged is a violation of Fla. Stat. § 316.6135 (4), Fla. Stat. 4. In so doing, (defendant) caused [great bodily harm] [a permanent disability] [permanent disfigurement] to (victim).”

In re Stand. Jury Instructions in Crim. Cases—Report No. 2008-07, 3 So. 3d 1172 (Fla. 2009). “12 LEAVING A CHILD UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving a Child Unattended or Unsupervised in a Motor Vehicle, the State must prove the following [three] [four] elements beyond a reasonable doubt: L (Defendant) was a…”

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