Florida 2024 2024 Regular Session

Florida House Bill H0591 Analysis / Analysis

Filed 02/08/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0591e.HHS 
DATE: 2/8/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/HB 591    Hot Car Death Prevention 
SPONSOR(S): Children, Families & Seniors Subcommittee, Brannan 
TIED BILLS:   IDEN./SIM. BILLS: SB 554 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Children, Families & Seniors Subcommittee 15 Y, 0 N, As CS DesRochers Brazzell 
2) Transportation & Modals Subcommittee 14 Y, 0 N Hinshelwood Hinshelwood 
3) Health & Human Services Committee 17 Y, 0 N DesRochers Calamas 
SUMMARY ANALYSIS 
Heatstroke is a debilitating illness characterized by severe hyperthermia, profound central nervous system 
dysfunction, 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 has lost 110 children to vehicular heatstroke, of which 7 died in 2023. Florida’s Uniform 
Traffic Control Law (ch. 316, F.S.) provides penalties if a child under the age of 6 is left unattended or 
unsupervised in a motor vehicle. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) 
reports that law enforcement cited 1,282 people statewide for leaving a child under the age of 6 unattended or 
unsupervised from 2012 to 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.  
Current law advises a law enforcement officer to attach written notification to the vehicle when the officer 
removes a child from the immediate area. 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, current law authorizes the general public to rescue a vulnerable person by removing that person from 
a vehicle.  
 
CS/HB 591 is named “Ariya’s Act” in memoriam of 10-month-old Ariya Paige 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 from dying of vehicular heatstroke.  
 
The bill encourages DCF, the Florida Department of Health, FLHSMV, 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. Specifically, these campaigns must address 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 has no fiscal impact on the state or local governments.  
 
The bill provides an effective date of July 1, 2024.     STORAGE NAME: h0591e.HHS 	PAGE: 2 
DATE: 2/8/2024 
  
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 has lost 110 children to vehicular heatstroke,
4
 7 of which occurred in 2023.
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. 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.
6
  
 
  
                                                
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. 29, 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. 29, 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 29, 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. 29, 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. 29, 2024).  STORAGE NAME: h0591e.HHS 	PAGE: 3 
DATE: 2/8/2024 
  
Certain Offenses, Corresponding Penalties, and Rescuer Actions  
 
Florida’s Uniform Traffic Control Law (ch. 316, F.S.) addresses children left unattended or 
unsupervised in motor vehicles by prohibiting a parent, legal guardian, or other person responsible for a 
child under 6 years of age from leaving that child unattended or unsupervised in a motor vehicle. As the 
following infographic illustrates, the Florida Department of Highway Safety and Motor Vehicles 
(FLHSMV) reports that law enforcement cited 1,282 people statewide for leaving a child under the age 
of 6 unattended or unsupervised in Florida from 2012 to 2022.
7
 
 
 
 
  
                                                
7
 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. 29, 2024).   STORAGE NAME: h0591e.HHS 	PAGE: 4 
DATE: 2/8/2024 
  
If someone leaves a child under the age of 6 unattended or unsupervised in a motor vehicle in one of 
the three following situations, current law imposes corresponding penalties.
8
  
 
Offending Situation  
Penalty: 
No Serious Harm 
Penalty: 
Great Bodily Harm, Permanent 
Disability, or Permanent 
Disfigurement 
Child under the age of 6 left in 
vehicle in excess of 15 minutes 
Second degree misdemeanor
9
 Third degree felony
10
 
Child under the age of 6 left in 
running vehicle 
Noncriminal traffic infraction 
($500 maximum fine) 
Third degree felony 
Child under the age of 6 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 
 
Current law authorizes a law enforcement officer who observes a child left unattended or unsupervised 
in a motor vehicle to use whatever means reasonably necessary to protect the minor child and to 
remove the child from the vehicle.
11
 Current law advises a law enforcement officer to attach written 
notification to the vehicle when the officer removes a child from the immediate area.
12
 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.
13
  
 
In addition, current law authorizes the general public to rescue a vulnerable person
14
 by removing that 
person from a vehicle. The rescuer has immunity from civil liability for vehicle damage during the 
rescue effort if 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; 
 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; 
 Ensures that law enforcement is notified or 911 called before entering the motor vehicle or 
immediately thereafter; 
 Uses no more force than is necessary to enter the vehicle; and 
 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
 
 
                                                
8
 S. 316.6135(1)-(4), F.S. 
9
 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. 
10
 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.).  
11
 S. 316.6135(5), F.S. 
12
 S. 316.6135(6), F.S. 
13
 S. 316.6135(7), F.S. 
14
 A vulnerable person means any person who has not attained the age of 18 or a person 18 years of age or older whose ability to 
perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, 
sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. ss. 1.01(13), 
415.102(28), 435.02(6), 768.139(1)(c), F.S. 
15
 S. 768.139(2), F.S.  STORAGE NAME: h0591e.HHS 	PAGE: 5 
DATE: 2/8/2024 
  
In the event of death, the prosecutor might choose to pursue criminal charges for, at the very least 
depending on the facts, aggravated manslaughter,
16
 and the family of the decedent minor child might 
seek legal advice on whether to sue in civil court for wrongful death.
17
  
 
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
  
 
DCF pays for this contract using federal Community-Based Child Abuse Prevention grant dollars. On 
August 21, 2023, DCF, the Florida Department of Health (DOH), the 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 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 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
 
 
  
                                                
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. 
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. 29, 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. 29, 2024).  
22
 Safe Kids Worldwide, Safe Kids Florida, https://www.safekids.org/coalition/safe-kids-florida (last visited Jan. 29, 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. 29, 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. 29, 2024).   STORAGE NAME: h0591e.HHS 	PAGE: 6 
DATE: 2/8/2024 
  
Effects of Proposed Changes 
 
The bill creates s. 638.336, F.S., designating April as “Hot Car Death Prevention Month” to raise public 
awareness of the dangers of leaving children unattended in motor vehicles and educate the public on 
how to prevent children dying from vehicular heatstroke.  
 
The bill encourages DCF, DOH, FLHSMV, 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. These efforts must include education in: 
 
 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, as set forth in 
s. 768.139, F.S. 
 
Finally, the bill names the act “Ariya’s Act” in memoriam of 10-month-old Ariya Paige who died of 
heatstroke after being left in a vehicle. 
 
The bill provides an effective date of July 1, 2024.   
 
 
B. SECTION DIRECTORY: 
Section 1: Provides that the act may be cited as “Ariya’s Act”. 
Section 2: Creates s. 683.336, F.S., relating to Hot Car Death Prevention Month. 
Section 3: Provides 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. The bill does not mandate expenditures by state agencies but rather encourages expenditure 
of funds within existing resources. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. The bill encourages local governments to sponsor events, and any costs incurred are 
voluntary.  
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
None.  STORAGE NAME: h0591e.HHS 	PAGE: 7 
DATE: 2/8/2024 
  
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not Applicable.  This bill does not appear to affect county or municipal governments. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
None. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On January 24, 2024, the Children, Families, & Seniors Subcommittee adopted an amendment and 
reported the bill favorably as a committee substitute. The amendment adds FLHSMV as a specific entity 
that is encouraged to sponsor public awareness and education events relating to the prevention of hot car 
deaths. 
 
The analysis is drafted to the amended bill as passed by the Children, Families, & Seniors Subcommittee.