Florida Statute 316.6135 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

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 CourtListener

Amendments to 316.6135

Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.6135

R or S next to points is Mandatory Revocation or Suspension

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

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

Cases Citing Statute 316.6135

Total Results: 8

State v. Sammons

889 So. 2d 857, 2004 WL 2726023

District Court of Appeal of Florida | Filed: Nov 24, 2004 | Docket: 1742872

Cited 4 times | Published

would appear to have supported a charge under section 316.6135, Florida Statutes (2004), a non-criminal traffic

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

131 So. 3d 755, 2013 WL 6305187

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238162

Cited 3 times | Published

UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving a Child

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-09.

262 So. 3d 59

Supreme Court of Florida | Filed: Jan 4, 2019 | Docket: 8498542

Published

UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving

Hicks v. State

262 So. 3d 846

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64702069

Published

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

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64702068

Published

unattended in a motor vehicle (in violation of § 316.6135(1) ). But there is no double-jeopardy violation

Scott Thomas Hicks v. State of Florida

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455140

Published

unattended in a motor vehicle (in violation of § 316.6135(1)). But there is no double-jeopardy violation

Long v. State

83 So. 3d 980, 2012 WL 966497, 2012 Fla. App. LEXIS 4570

District Court of Appeal of Florida | Filed: Mar 23, 2012 | Docket: 60306559

Published

unattended in a motor vehicle pursuant to section 316.6135, Florida Statutes (2009). In addition, Defendant

In re Standard Jury Instructions in Criminal Cases—Report No. 2008-07

3 So. 3d 1172, 34 Fla. L. Weekly Supp. 231, 2009 Fla. LEXIS 255, 2009 WL 465822

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 60289123

Published

UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving a Child

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.