Florida 2024 Regular Session

Florida House Bill H1037 Compare Versions

Only one version of the bill is available at this time.

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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to child safety in motor vehicles; 2
16	16	providing a short title; creating s. 316.2226, F.S.; 3
17	17	defining the term "motor vehicle"; requiring a person 4
18	18	who uses a motor vehicle to transport children of a 5
19	19	certain age to equip such motor vehicle with an alarm 6
20	20	system that prompts the driver to inspect the motor 7
21	21	vehicle for unattended occupants before exiting; 8
22	22	providing penalties; requiring the Department of 9
23	23	Highway Safety and Motor Vehicles to initiate a public 10
24	24	awareness campaign regarding such alarm systems; 11
25	25	requiring the department to adopt by rule minimum 12
26	26	safety standards for such systems and to maintain a 13
27	27	list of approved alarm manufacturers and alarm 14
28	28	systems; amending s. 402.305, F.S.; revising 15
29	29	transportation safety minimum standards for the 16
30	30	licensure of child care facilities; providing an 17
31	31	effective date. 18
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33	33	WHEREAS, the leaving of children unattended in vehicles and 20
34	34	the independent access of unoccupied v ehicles by children are 21
35	35	significant public health and safety problems, and 22
36	36	WHEREAS, millions of children are transported every day in 23
37	37	the back seats of vehicles and are at risk of being 24
38	38	inadvertently left inside vehicles, which may result in their 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	deaths or serious injuries as the result of heat stroke, and 26
52	52	WHEREAS, Kids and Car Safety reports that, between 1990 and 27
53	53	2022, at least 8,000 children were left alone in hot cars or 28
54	54	independently gained access to unoccupied cars, with more than 29
55	55	990 of those children dying of heat stroke and more than 1,200 30
56	56	of them becoming seriously injured, and 31
57	57	WHEREAS, despite widespread education programs and public 32
58	58	awareness initiatives over the past 30 years, the number of hot 33
59	59	car deaths among children has continued to rise , and 34
60	60	WHEREAS, inexpensive technology is currently available to 35
61	61	detect and alert drivers to the presence of an unattended 36
62	62	occupant in a vehicle, NOW, THEREFORE, 37
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64	64	Be It Enacted by the Legislature of the State of Florida: 39
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66	66	Section 1. This act may be cited as the "Jace Lucas Leslie 41
67	67	Act." 42
68	68	Section 2. Section 316.2226, Florida Statutes, is created 43
69	69	to read: 44
70	70	316.2226 Unattended occupant alarm system required. — 45
71	71	(1) As used in this section, the term "motor vehicle" 46
72	72	means a motor vehicle as defined in s . 316.003 which is operated 47
73	73	on the roadways, streets, and highways of this state. The term 48
74	74	does not include: 49
75	75	(a) A bus used for the transportation of persons for 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	compensation. 51
89	89	(b) A farm tractor or implement of husbandry. 52
90	90	(c) A truck having a gross vehicle weight rating of more 53
91	91	than 26,000 pounds. 54
92	92	(d) A motorcycle, a moped, a bicycle, or an electric 55
93	93	bicycle. 56
94	94	(2) By October 1, 2024, a person who uses a motor vehicle 57
95	95	to transport one or more children 6 years of age or younger must 58
96	96	equip such motor vehicle with an alarm system approved by the 59
97	97	department which prompts the driver to inspect the motor vehicle 60
98	98	for unattended occupants before exiting the motor vehicle. 61
99	99	(3) A violation of this section is a noncriminal traffic 62
100	100	infraction, punishable as a moving violation as provided in 63
101	101	chapter 318. 64
102	102	(4) By September 1, 2024, the department shall initiate a 65
103	103	public awareness campaign to educate individuals regarding the 66
104	104	alarm system required under subsection (2). 67
105	105	(5) The department shall adopt by rule min imum safety 68
106	106	standards for such systems and shall maintain a list of approved 69
107	107	alarm manufacturers and alarm systems that meet or exceed those 70
108	108	standards. 71
109	109	Section 3. Paragraph (a) of subsection (10) of section 72
110	110	402.305, Florida Statutes, is amended to read : 73
111	111	402.305 Licensing standards; child care facilities. — 74
112	112	(10) TRANSPORTATION SAFETY. — 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	(a) Minimum standards must shall include all of the 76
126	126	following: 77
127	127	1. Requirements for child restraints or seat belts in 78
128	128	vehicles used by child care facilities and larg e family child 79
129	129	care homes to transport children. 80
130	130	2. Requirements for annual inspections of such vehicles. 81
131	131	3. Limitations on the number of children who that may be 82
132	132	transported in such vehicles. 83
133	133	4. Procedures to ensure that children are not 84
134	134	inadvertently left in vehicles when transported by the facility 85
135	135	or home and that systems are in place to ensure accountability 86
136	136	for children transported by such facilities and homes. 87
137	137	5. Procedures for notification of a child's emergency 88
138	138	contact if the child does not arrive at the scheduled time and 89
139	139	the facility or family day care home has not received an 90
140	140	advanced notification of the child's absence. 91
141	141	Section 4. This act shall take effect July 1, 2024. 92