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