The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 554
INTRODUCER: Rules Committee and Senator Bradley
SUBJECT: Hot Car Death Prevention
DATE: February 9, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Woodruff Tuszynski CF Favorable
2. Tuszynski Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
Heatstroke is exposure to high temperatures for an extended period of time. Vehicular heatstroke
involves being trapped in a vehicle under these circumstances. Young children, pets, and the
elderly are at a high risk of vehicular heatstroke, usually because they are more likely to be left
or become trapped in vehicles. The national average of child heatstroke deaths per year since
1998 is 38. Since 1998, Florida has had the second largest number of child heatstroke deaths in
vehicles (110), second only to Texas (143). This year, seven children have died in Florida due to
heatstroke in vehicles.
CS/SB 554 designates April as “Hot Car Prevention Month” to raise awareness of the dangers of
leaving children unattended in motor vehicles and educate the public on how to prevent hot car
deaths. The bill encourages the Florida Department of Children and Families, Florida
Department of Health, Florida Department of Highway Safety and Motor Vehicles, local
governments, and other agencies to sponsor events on specific topics that promote public
awareness and education on the dangers of leaving children unattended in motor vehicles and
how to prevent hot car deaths.
The bill may be cited as “Ariya’s Act” in memoriam of a 10-month-old infant that died of
heatstroke after being left in a vehicle.
There is no anticipated fiscal impact on state or local governments.
The bill is effective upon becoming law.
BILL: CS/SB 554 Page 2
II. Present Situation:
Child Heatstroke Deaths in Vehicles
Heatstroke is the most serious heat-related illness and occurs when a person is exposed to high
temperatures for an extended period of time.1 In this condition, the body can no longer control its
temperature: the body’s temperature rises rapidly, the sweating mechanism fails, and the body is
unable to cool down.2 When heat stroke occurs, the body temperature can rise to 106 degrees F
or higher within 10 to 15 minutes causing permanent disability or death if the person does not
receive emergency treatment.3 Vehicular heatstroke involves being trapped in a vehicle under
these conditions. Vehicular heatstroke can become fatal when the internal body core temperature
reaches 107 degrees F at which point the body is unable to cool itself down through normal
processes such as perspiration.4 Young children, pets, and the elderly are at a higher risk of
vehicular heatstroke, usually because they are more likely to be left or become trapped in
vehicles.5
Since 1998, 968 children have died nationwide due to vehicular heatstroke.6 The national
average of child heatstroke deaths per year since 1998 is 38 and have ranged in age from 5 days
old to 14 years.7 More than half the deaths (55 percent) are children under two years of age.8
Since 1998, Florida has had the largest number of child heatstroke deaths in vehicles (110),
second only to Texas (143).9
1
The Centers for Disease Control and Prevention, The National Institute for Occupational Safety and Health, Heat Stress –
Heat Related Illness, available at: https://www.cdc.gov/niosh/topics/heatstress/heatrelillness.html (last visited Jan. 5, 2024).
2
Id.
3
Id.
4
Seattle Children’s Hospital Research Foundation, Hot Cars and Kids – a Deadly Combination, available at
https://pulse.seattlechildrens.org/hot-cars-and-kids-a-deadly-combination/ (last visited Jan. 5, 2024).
5
Id.
6
U.S. Department of Transportation, Traffic Safety marketing, Child Safety: Heatstroke Prevention, available at:
https://www.trafficsafetymarketing.gov/get-materials/child-safety/heatstroke-
prevention?_ga=2.56158690.870054613.1615229487-1650636428.1615229487 (last visited Jan. 5, 2024).
7
U.S. Department of Transportation, Traffic Safety Marketing, Heatstroke Deaths of Children in Vehicles, available at:
https://www.noheatstroke.org/index.htm (last visited Jan. 5, 2024).
8
Id.
9
National Safety Council, Hot Car Deaths, available at: https://injuryfacts.nsc.org/motor-vehicle/motor-vehicle-safety-
issues/hotcars/data-details/ (last visited Jan. 5, 20234).
BILL: CS/SB 554 Page 3
In 2023, seven children died in Florida due to vehicular heatstroke.10 In July 2023, a 10-month-
old in Baker County died after her babysitter left her in a car for five hours during 95-degree
weather.11 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.12
10
Id.
11
Baker County Sheriff’s Office, Arrest Report Number BCSO023CR00421S, available at:
https://s3.documentcloud.org/documents/23883703/23-1585-arrest-jewell.pdf (last visited Jan. 4, 2024).
12
Id.
BILL: CS/SB 554 Page 4
State Laws Protecting Children in Motor Vehicles
Section 316.6135, F.S., prohibits a caregiver13 from leaving a child younger than six years of age
unattended or unsupervised in a motor vehicle longer than 15 minutes, or for any period of time
while the motor vehicle is running, the health of the child is in danger, or the child appears to be
in distress. Each of these violations has its own penalties:
Pursuant to s. 316.6135(2), F.S., a caregiver who leaves a child younger than six years of age
unattended or unsupervised in a motor vehicle longer than 15 minutes commits a second-
degree misdemeanor punishable up to 60 days in jail and a $500 maximum fine.
Pursuant s. 316.6135(3), F.S., a caregiver who leaves a child younger than six years of age
unattended or unsupervised in a motor vehicle for any period of time while the vehicle is
running, the health of the child is in danger, or the child appears to be in distress is guilty of a
noncriminal traffic infraction punishable by a fine not less than $50 and not more than $500.
If the caregiver leaves a child younger than six years of age unattended or unsupervised in a
vehicle longer than 15 minutes, or for any period of time while the motor vehicle is running, the
child’s health is in danger, or the child appears to be in distress, and that action causes great
bodily harm, permanent disability, or permanent disfigurement to a child, then the person
commits a third degree felony punishable as provided in ss. 775.082, 775.083, and 775.084, F.S.
Any law enforcement office who observes a child left unattended or unsupervised in a motor
vehicle may use whatever means reasonably necessary to protect the child and remove the child
from the motor vehicle.14 If the law enforcement officer is unable to locate a caregiver, the child
must be placed in the custody of the Florida Department of Children and Families.15
Additionally, s. 768.136, F.S., removes civil liability for damages to a vehicle if a person has a
good faith and reasonable belief that entry into a locked vehicle is necessary to prevent harm to a
vulnerable person.
Statewide Educational and Prevention Efforts
Department of Children and Families
The Department of Children and Families (DCF) is responsible for providing services that
support child and family well-being. The DCF contracts with the Ounce of Prevention Fund of
Florida, Inc. (Ounce)16 for the development and completion of an annual statewide Child Abuse
Prevention Public Awareness Campaign with the goal of preventing child maltreatment and
fatalities.17 The Ounce hosts annual events in March and April as part of the public awareness
campaign that includes developing and distributing tool kits and parent resource packets.18
13
A caregiver includes a parent, legal guardian, or other person responsible for the child.
14
Section 316.6135(5), F.S.
15
Section 316.6135(7), F.S.
16
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. See The Ounce of
Prevention of Florida, available at: http://www.ounce.org (last visited Jan. 5, 2024).
17
Contract No. LJ976
18
Id.
BILL: CS/SB 554 Page 5
Department of Health
Safe Kids Florida within the Florida Department of Health (DOH) promotes children’s safety
and prevention of unintentional childhood injuries, including heatstroke prevention.19 The
DOH’s Injury Prevention Section is the lead organization for Safe Kids Florida.20 There are
currently 15 local Safe Kids coalitions covering 42 counties throughout Florida.21 Safe Kids
Florida, through its local coalitions, promote prevention efforts by hosting educational events for
parents and caregivers.22
III. Effect of Proposed Changes:
Section 1 of the bill allows the act to be cited as “Ariya’s Act” in memoriam of a 10-month-old
infant that died of a heatstroke after being left in a vehicle.
Section 2 of the bill creates s. 683.336, F.S., to designate April as “Hot Car Death Prevention
Month” to raise awareness of the dangers of leaving children unattended in motor vehicles and
educate the public on how to prevent hot car deaths.
The bill encourages the DCF, the DOH, the Department of Highway Safety and Motor Vehicles,
local governments, and other agencies to sponsor events that promote public awareness and
education on the dangers of leaving children unattended in motor vehicles and how to prevent
hot car deaths, including, but not limited to:
Motor vehicle safety for children.
Criminal penalties associated with leaving a child unattended or unsupervised in a motor
vehicle.
Steps a bystander can take to rescue a child who is unattended in a motor vehicle and
vulnerable or in imminent danger of suffering harm, as provided in s. 768.139(2), F.S.
Section 3 of the bill provides that the bill takes effect upon becoming law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
19
Florida Department of Health, Safe Kids Florida, available at https://www.floridahealth.gov/programs-and-services/safe-
kids-florida/index.html (last visited Jan. 5, 2024).
20
Id.
21
Id.
22
Id.
BILL: CS/SB 554 Page 6
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
The bill creates s. 683.336 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Rules February 8, 2024:
The committee substitute adds the Department of Highway Safety and Motor Vehicles to
the list of entities encouraged to sponsor events that promote public awareness and
education on the dangers of leaving children unattended in motor vehicles.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.