Florida 2024 2024 Regular Session

Florida House Bill H1037 Introduced / Bill

Filed 12/27/2023

                       
 
HB 1037  	2024 
 
 
 
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hb1037-00 
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A bill to be entitled 1 
An act relating to child safety in motor vehicles; 2 
providing a short title; creating s. 316.2226, F.S.; 3 
defining the term "motor vehicle"; requiring a person 4 
who uses a motor vehicle to transport children of a 5 
certain age to equip such motor vehicle with an alarm 6 
system that prompts the driver to inspect the motor 7 
vehicle for unattended occupants before exiting; 8 
providing penalties; requiring the Department of 9 
Highway Safety and Motor Vehicles to initiate a public 10 
awareness campaign regarding such alarm systems; 11 
requiring the department to adopt by rule minimum 12 
safety standards for such systems and to maintain a 13 
list of approved alarm manufacturers and alarm 14 
systems; amending s. 402.305, F.S.; revising 15 
transportation safety minimum standards for the 16 
licensure of child care facilities; providing an 17 
effective date. 18 
 19 
 WHEREAS, the leaving of children unattended in vehicles and 20 
the independent access of unoccupied v ehicles by children are 21 
significant public health and safety problems, and 22 
 WHEREAS, millions of children are transported every day in 23 
the back seats of vehicles and are at risk of being 24 
inadvertently left inside vehicles, which may result in their 25     
 
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deaths or serious injuries as the result of heat stroke, and 26 
 WHEREAS, Kids and Car Safety reports that, between 1990 and 27 
2022, at least 8,000 children were left alone in hot cars or 28 
independently gained access to unoccupied cars, with more than 29 
990 of those children dying of heat stroke and more than 1,200 30 
of them becoming seriously injured, and 31 
 WHEREAS, despite widespread education programs and public 32 
awareness initiatives over the past 30 years, the number of hot 33 
car deaths among children has continued to rise , and 34 
 WHEREAS, inexpensive technology is currently available to 35 
detect and alert drivers to the presence of an unattended 36 
occupant in a vehicle, NOW, THEREFORE, 37 
 38 
Be It Enacted by the Legislature of the State of Florida: 39 
 40 
 Section 1.  This act may be cited as the "Jace Lucas Leslie 41 
Act." 42 
 Section 2.  Section 316.2226, Florida Statutes, is created 43 
to read: 44 
 316.2226  Unattended occupant alarm system required. — 45 
 (1)  As used in this section, the term "motor vehicle" 46 
means a motor vehicle as defined in s . 316.003 which is operated 47 
on the roadways, streets, and highways of this state. The term 48 
does not include: 49 
 (a)  A bus used for the transportation of persons for 50     
 
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compensation. 51 
 (b)  A farm tractor or implement of husbandry. 52 
 (c)  A truck having a gross vehicle weight rating of more 53 
than 26,000 pounds. 54 
 (d)  A motorcycle, a moped, a bicycle, or an electric 55 
bicycle. 56 
 (2)  By October 1, 2024, a person who uses a motor vehicle 57 
to transport one or more children 6 years of age or younger must 58 
equip such motor vehicle with an alarm system approved by the 59 
department which prompts the driver to inspect the motor vehicle 60 
for unattended occupants before exiting the motor vehicle. 61 
 (3)  A violation of this section is a noncriminal traffic 62 
infraction, punishable as a moving violation as provided in 63 
chapter 318. 64 
 (4)  By September 1, 2024, the department shall initiate a 65 
public awareness campaign to educate individuals regarding the 66 
alarm system required under subsection (2). 67 
 (5)  The department shall adopt by rule min imum safety 68 
standards for such systems and shall maintain a list of approved 69 
alarm manufacturers and alarm systems that meet or exceed those 70 
standards. 71 
 Section 3.  Paragraph (a) of subsection (10) of section 72 
402.305, Florida Statutes, is amended to read : 73 
 402.305  Licensing standards; child care facilities. — 74 
 (10)  TRANSPORTATION SAFETY. — 75     
 
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 (a)  Minimum standards must shall include all of the 76 
following: 77 
 1.  Requirements for child restraints or seat belts in 78 
vehicles used by child care facilities and larg e family child 79 
care homes to transport children. 80 
 2.  Requirements for annual inspections of such vehicles. 81 
 3.  Limitations on the number of children who that may be 82 
transported in such vehicles. 83 
 4.  Procedures to ensure that children are not 84 
inadvertently left in vehicles when transported by the facility 85 
or home and that systems are in place to ensure accountability 86 
for children transported by such facilities and homes. 87 
 5.  Procedures for notification of a child's emergency 88 
contact if the child does not arrive at the scheduled time and 89 
the facility or family day care home has not received an 90 
advanced notification of the child's absence. 91 
 Section 4.  This act shall take effect July 1, 2024. 92