Florida Statute 316.6135 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 316.6135

Total Results: 8

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

Court: Fla. | Date Filed: 2019-01-04T00:00:00-08:00

Citation: 262 So. 3d 59

Snippet: VEHICLE - 316.6135(4) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Leaving a Child 316.6135(1)(a) 16.12…UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving…when the crime charged is a violation of F.S.§ 316.6135(4), Fla. Stat. b. for any period of time …crime charged is a violation of Fla. Stat. § 316.6135 (4), Fla. Stat. 4. In so doing, (defendant…16.12 Unattended if violation of § 316.6135(4), Fla. Stat. is charged. Attempt 777.04(1) 5.1 Comment

Hicks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-27T00:00:00-08:00

Citation: 262 So. 3d 846

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

Hicks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-27T00:00:00-08:00

Citation: 262 So. 3d 846

Snippet: 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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T23:53:00-08:00

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

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

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 755, 2013 WL 6305187

Snippet: UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving a Child…only when the crime charged is a violation ofF.S. 316.6135(4.). b. for any period of time if while [the …applicable crime charged is a violation of Fla. Stat. § 316.6135(4) 4. In so doing, (defendant) caused [great

Long v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-23T00:00:00-07:00

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

Snippet: 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

Court: Fla. | Date Filed: 2009-02-26T00:00:00-08:00

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

Snippet: VEHICLE — 316.6135(4) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. Leaving a Child Unattended 316.6135(1)(a…UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving a Child…when the crime charged, is a violation of F.S. 316.6135(4). b. while [the motor was running] [the health

State v. Sammons

Court: Fla. Dist. Ct. App. | Date Filed: 2004-11-24T00:00:00-08:00

Citation: 889 So. 2d 857

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