This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0591.CFS
DATE: 1/23/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 591 Hot Car Death Prevention
SPONSOR(S): Brannan
TIED BILLS: IDEN./SIM. BILLS: SB 554
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee DesRochers Brazzell
2) Transportation & Modals Subcommittee
3) Health & Human Services Committee
SUMMARY ANALYSIS
Heatstroke is a debilitating illness characterized clinically by the following conditions: severe hyperthermia (i.e.,
a core body temperature of 104°F or greater), profound central nervous system dysfunction (e.g., delirium,
seizures, or coma), and additional organ and tissue damage. Vehicular heatstroke occurs when a person
experiencing heatstroke cannot escape the vehicle in which the person is trapped.
Since 1998, Florida lost 110 children to vehicular heatstroke. In 2023, 7 children died in Florida from vehicular
heatstroke. Florida’s Uniform Traffic Control Law (ch. 316) includes a section about children left unattended or
unsupervised in motor vehicles. A parent, legal guardian, or other person responsible for a child under 6 years
of age (a U-6 child) may not leave that child unattended or unsupervised in a motor vehicle. If someone leaves
a U-6 child unattended or unsupervised in a motor vehicle, current law imposes criminal or civil penalties.
The Florida Department of Highway Safety and Motor Vehicles reports that law enforcement cited 1,282
people statewide for leaving a U-6 child unattended or unsupervised from 2012-2022.
Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle may use
whatever means reasonably necessary to protect the minor child and to remove the child from the vehicle.
When the law enforcement officer removes the child from the immediate area, notification that the law
enforcement officer removed the child from the immediate area should be placed on the vehicle. If the law
enforcement officer cannot locate the child’s parents, legal guardian, or other person responsible for the child,
the officer must deliver physical custody of the child to the Florida Department of Children and Families (DCF)
for the purposes of a dependency court shelter hearing. In addition, anyone from the general public may
rescue a vulnerable person by removing that person from a vehicle.
The bill is named “Ariya’s Act” in memoriam of a 10-month-old infant who died of a heatstroke after being left in
a vehicle. The bill designates April as “Hot Car Death Prevention Month” to raise the public’s awareness of the
dangers of leaving children unattended in motor vehicles and to educate the public on how to prevent children
dying from vehicular heatstroke. The bill requires the educational component to include at least three parts:
proper motor vehicle safety for children, the criminal penalties associated with leaving a child in a motor vehicle
unattended or unsupervised, and the steps a bystander can take to rescue a vulnerable child in imminent
danger.
The bill encourages DCF, the Florida Department of Health (DOH), local governments, and other agencies to
sponsor events that promote awareness on the dangers of leaving a child unattended in a motor vehicle and
methods to prevent hot car deaths of children.
The bill has no fiscal impact on state government and an indeterminate cost to local governments. See Fiscal
Analysis and Economic Impact Statement.
The bill provides an effective date of July 1, 2024.
STORAGE NAME: h0591.CFS PAGE: 2
DATE: 1/23/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Vehicular Heatstroke and Child Mortality
Heat illness occurs when the elevation of the core body temperature surpasses the compensatory limits
of thermoregulation. Heat illness is the result of environmental heat stress or exertion, or both, and
represents a set of conditions that exist along a continuum from less severe (heat exhaustion) to
potentially life threatening (heatstroke).
1
Heatstroke is a debilitating illness characterized clinically by the following conditions:
severe hyperthermia (i.e., a core body temperature of 104°F or greater),
profound central nervous system dysfunction (e.g., delirium, seizures, or coma), and
additional organ and tissue damage.
Even with medical intervention, heatstroke may have lasting effects, including damage to the nervous
system and other vital organs and decreased heat tolerance, making an individual more susceptible to
subsequent episodes of heat illness. Furthermore, the continued manifestation of multiorgan system
dysfunction after heatstroke increases patients’ risk of mortality during the ensuing months and years.
Multiorgan system failure is the ultimate cause of mortality from heatstroke.
2
Vehicular heatstroke occurs when a person experiencing heatstroke cannot escape the vehicle in
which the person is trapped. Vehicular heatstroke can become fatal when the internal body core
temperature reaches 107°F – the point when the body cannot cool itself down. A child’s body
temperature rises three to five times faster than an adult’s body temperature.
3
Since 1998, 969 children have died nationwide due to vehicular heatstroke. 505 of these children
(52.17%) were forgotten by a caregiver, and another 237 children were knowingly left behind by a
caregiver (20.66%). More than half of these deaths are children under 2 years of age. Since 1998,
Florida lost 110 children to vehicular heatstroke.
4
In 2023, 7 children died in Florida from vehicular heatstroke.
5
In July 2023, 10-month-old Ariya Paige of
Baker County died after her babysitter left her in a car for five hours during 95-degree weather.
6
The
Baker County Sheriff’s Office subsequently arrested the babysitter and charged her with aggravated
manslaughter of a child in violation of s. 782.07, F.S.
7
1
Armed Forces Health Surveillance Division, Heat Illness, Active Component, U.S. Armed Forces, 2021, The Military Health System
and Defense Health Agency (Apr. 1, 2022) https://health.mil/News/Articles/2022/04/01/Update-Ht-MSMR (last visited Jan. 11, 2024).
2
Id.
3
National Highway Traffic Safety Administration, Child Heatstroke Prevention: Prevent Hot Car Deaths, U.S. Department of
Transportation, https://www.nhtsa.gov/campaign/heatstroke (last visited Jan. 11, 2024).
4
National Safety Council, Hot Car Deaths: Heatstroke deaths of children in vehicles, https://injuryfacts.nsc.org/motor-vehicle/motor-
vehicle-safety-issues/hotcars/ (last visited Jan 11, 2024).
5
Jan Null, Heatstroke Deaths of Children in Vehicles, The San Jose State University Department of Meteorology & Climate Science
(last updated Jan. 3, 2024) https://www.noheatstroke.org/ (last visited Jan. 11, 2024). The National Weather Service of the National
Oceanic and Atmospheric Administration sources its data from Jan Null’s research.
6
Baker County Sheriff’s Office, Arrest Report Number BCSO23CR00421S, (July 19, 2023) available at
https://s3.documentcloud.org/documents/23883703/23-1585-arrest-jewell.pdf (last visited Jan. 11, 2024).
7
Id. STORAGE NAME: h0591.CFS PAGE: 3
DATE: 1/23/2024
Certain Offenses, Corresponding Penalties, and Rescuer Actions
Florida’s Uniform Traffic Control Law (ch. 316) includes a section about children left unattended or
unsupervised in motor vehicles. A parent, legal guardian, or other person responsible for a child under
6 years of age (a U-6 child) may not leave that child unattended or unsupervised in a motor vehicle. As
the following infographic illustrates, the Florida Department of Highway Safety and Motor Vehicles
reports that law enforcement cited 1,282 people statewide for leaving a U-6 child unattended or
unsupervised in Florida from 2012-2022.
8
8
The Florida Department of Highway Safety and Motor Vehicles, Child Safety: Car and Driveway Safety,
https://www.flhsmv.gov/safety-center/child-safety/car-driveway-safety/ (last visited Jan. 11, 2024). STORAGE NAME: h0591.CFS PAGE: 4
DATE: 1/23/2024
If someone leaves a U-6 child unattended or unsupervised in a motor vehicle in one of the three
following situations, current law imposes corresponding penalties.
9
Offending Situation
Corresponding Penalty
(No Serious Harm)
Corresponding Penalty
(Great Bodily Harm, Permanent
Disability, or Permanent
Disfigurement)
U-6 child left in vehicle in excess
of 15 minutes
Second degree misdemeanor
10
Third degree felony
11
U-6 child left in running vehicle
Noncriminal traffic infraction
($500 maximum fine)
Third degree felony
U-6 child left in vehicle and the
child’s health is in danger or child
appears to be in distress
Noncriminal traffic infraction
($500 maximum fine)
Third degree felony
Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle
may use whatever means reasonably necessary to protect the minor child and to remove the child from
the vehicle.
12
When the law enforcement officer removes the child from the immediate area, notification
that the law enforcement officer removed the child from the immediate area should be placed on the
vehicle.
13
If the law enforcement officer cannot locate the child’s parents, legal guardian, or other
person responsible for the child, the officer must deliver physical custody of the child to DCF for the
purposes of a dependency court shelter hearing.
14
In addition, anyone from the general public may rescue a vulnerable person by removing that person
from a vehicle. The rescuer may acquire immunity from civil liability for vehicle damage during the
rescue effort if all of the following criteria are met:
The rescuer determines the motor vehicle is locked or there is otherwise no reasonable method
for the vulnerable person to exit the vehicle without assistance.
The rescuer has a good faith and reasonable belief, based upon the known circumstances, that
entry into a motor vehicle is necessary because the vulnerable person is in imminent danger of
suffering harm.
The rescuer ensures that law enforcement is notified or 911 called before entering the motor
vehicle or immediately thereafter.
The rescuer uses no more force than is necessary to enter the vehicle.
The rescuer remains with the vulnerable person in a safe location, in reasonable proximity to the
motor vehicle, until law enforcement or other first responder arrives.
15
In the event of death, government prosecutors might choose to pursue criminal charges for, at the very
least depending on the facts, aggravated manslaughter
16
or the family of the decedent minor child
might seek legal advice on whether to sue in civil court for wrongful death.
17
9
S. 316.6135(1)-(4), F.S.
10
A second-degree misdemeanor conviction generally carries a term of imprisonment not exceeding 60 days and, or a $500 maximum
fine. ss. 775.082(4)(b), 775.083(1)(e), F.S.
11
A third-degree felony conviction generally carries a term of imprisonment not exceeding 5 years or a $5,000 maximum fine. ss.
775.082(3)(e), 755.083(1)(c), F.S. (However, ordinarily, a person who willfully or by culpable negligence neglects a child and in so
doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree.
s. 827.03(2)(b), F.S.).
12
S. 316.6135(5), F.S.
13
S. 316.6135(6), F.S.
14
S. 316.6135(7), F.S.
15
S. 768.139(2), F.S.
16
A person who causes the death of any person under the age of 18 by culpable negligence commits aggravated manslaughter of a
child, a felony of the first degree. s. 782.07(3), F.S. STORAGE NAME: h0591.CFS PAGE: 5
DATE: 1/23/2024
Public Awareness Campaigns by the State of Florida
The Florida Department of Children and Families
The Florida Department of Children and Families (DCF) is responsible for providing services that
support child and family well-being. DCF contracts with the Ounce of Prevention Fund of Florida, Inc.
(Ounce)
18
for various situational awareness campaigns throughout the year. The Ounce raises
awareness in April for Child Abuse Prevention Month, in May for Water Safety Month, and October for
Safe Sleep Month. The activities for these awareness months include public service announcements,
radio and television advertisements, social media campaigns, media tool kits, and more.
19
The Department pays for this contract using federal Community-Based Child Abuse Prevention grant
dollars. On August 21
st
, 2023, DCF, the Florida Department of Health (DOH), Agency for Persons with
Disabilities, and the Ounce held an event that called for a greater awareness of children left in hot
cars.
20
The Florida Department of Health
The DOH’s Injury Prevention Section collaborates with Safe Kids Florida
21
to implement evidence-
based programs that help parents and caregivers prevent childhood injuries.
22
As of June 2023, 15
local Safe Kids coalitions cover 42 counties throughout Florida. These coalitions promote prevention
efforts by hosting educational events for parents and caregivers.
23
The Florida Department of Highway Safety and Motor Vehicles
Current law authorizes the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to
purchase educational items as part of the public information and educational campaigns promoting
highway safety, awareness, and community-based initiatives.
24
FLHSMV’s 2023 Safe Summer Travel
campaign recently raised awareness of, among other topics, vehicular heatstroke prevention.
25
Effects of Proposed Changes
The bill allows the act to be cited as “Ariya’s Act” in memoriam of a 10-month-old infant who died of
heatstroke after being left in a vehicle.
The bill creates s. 638.336, F.S., to designate April as “Hot Car Death Prevention Month” for two
purposes:
1. To raise the public’s awareness of the dangers of leaving children unattended in motor vehicles,
and
2. To educate the public on how to prevent children dying from vehicular heatstroke.
17
Ss. 768.16 – 768.26, F.S. The Florida Wrongful Death Act creates a civil cause of action when the death of a person is caused by the
wrongful act or negligence (although the death was caused under circumstances constituting a felony) and the event would have
entitled the person injured to maintain an action and recover damages if the death had not occurred.
18
The Ounce is a private, nonprofit corporation dedicated to shaping prevention policy and investing in innovative prevention programs
that provide measurable benefits to Florida’s children, families, and communities. The Ounce of Prevention of Florida, Home,
http://www.ounce.org (last visited Jan. 11, 2024).
19
Florida Department of Children and Families, Agency Analysis of 2024 House Bill 591, p. 2 (Dec. 27, 2023).
20
Id.
21
Safe Kids is a 501(c)(3) non-profit organization located in the Washington, D.C. area with a mission of preventing unintentional
childhood injury. Safe Kids was founded by Children’s National Hospital (Washington D.C.) in 1988. Safe Kids Worldwide, Who We Are,
https://www.safekids.org/who-we-are (last visited Jan. 11, 2024).
22
Safe Kids Worldwide, Safe Kids Florida, https://www.safekids.org/coalition/safe-kids-florida (last visited Jan. 11, 2024).
23
Florida Department of Health, Safe Kids Florida, (last reviewed June 24, 2023) https://www.floridahealth.gov/programs-and-
services/safe-kids-florida/index.html (last visited Jan. 11, 2024).
24
Ss. 316.003(19), 316.6131, F.S.
25
Florida Department of Highway Safety and Motor Vehicles, Safe Summer Travel, https://www.flhsmv.gov/safety-center/driving-
safety/safe-summer-travel/ (last visited Jan. 11, 2024). STORAGE NAME: h0591.CFS PAGE: 6
DATE: 1/23/2024
The bill requires the educational component to include at least three parts:
1. Proper motor vehicle safety for children,
2. The criminal penalties associated with leaving a child in a motor vehicle unattended or
unsupervised, and
3. The steps a bystander can take to rescue a vulnerable child in imminent danger, as set forth in
s. 768.139.
The bill encourages DCF, DOH, local governments, and other agencies to sponsor events that promote
awareness on the dangers of leaving a child unattended in a motor vehicle and methods to prevent hot
car deaths of children.
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1: Creating an unnumbered section of law.
Section 2: Creating s. 683.336, F.S., relating to hot car death prevention month.
Section 3: Providing an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None. Any additional costs to state agencies can be absorbed within existing resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill encourages local governments to sponsor events. Costs to local governments are
indeterminate, but any costs due to actions under the bill are voluntarily incurred as the bill does not
require local governments to undertake any action.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision: STORAGE NAME: h0591.CFS PAGE: 7
DATE: 1/23/2024
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
State agencies have sufficient rulemaking authority to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES