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Florida Statute 316.6135 - Full Text and Legal Analysis
Florida Statute 316.6135 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 316.6135 Case Law from Google Scholar Google Search for Amendments to 316.6135

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
316.6135 Leaving children unattended or unsupervised in motor vehicles; penalty; authority of law enforcement officer.
(1) A parent, legal guardian, or other person responsible for a child younger than 6 years of age may not leave the child unattended or unsupervised in a motor vehicle:
(a) For a period in excess of 15 minutes;
(b) For any period of time if the motor of the vehicle is running, the health of the child is in danger, or the child appears to be in distress.
(2) Any person who violates the provisions of paragraph (1)(a) commits a misdemeanor of the second degree punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who violates the provisions of paragraph (1)(b) is guilty of a noncriminal traffic infraction, punishable by a fine not less than $50 and not more than $500.
(4) Any person who violates subsection (1) and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to a child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle.
(6) If the child is removed from the immediate area, notification should be placed on the vehicle.
(7) The child shall be remanded to the custody of the Department of Children and Families pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.
History.s. 1, ch. 85-229; s. 4, ch. 87-225; s. 330, ch. 95-148; s. 57, ch. 99-8; s. 241, ch. 99-248; s. 1, ch. 2007-205; s. 14, ch. 2012-181; s. 56, ch. 2014-19.

F.S. 316.6135 on Google Scholar

F.S. 316.6135 on CourtListener

Amendments to 316.6135


Annotations, Discussions, Cases:

Civil Citations / Citable Offenses under S316.6135
R or S next to points is Mandatory Revocation or Suspension

S316.6135 (1)(a) Leaving Child in excess of 15 minutes - Points on Drivers License: 0
S316.6135 (1)(b) Leaving Child in vehicle w/motor running/health of child in danger - Points on Drivers License: 0
Arrestable Offenses / Crimes under Fla. Stat. 316.6135
Level: Degree
Misdemeanor/Felony: First/Second/Third

S316.6135 1a - NEGLECT CHILD - UNATTENDED CHILD IN MTR VEH EXCESS OF 15 MINS - M: S
S316.6135 4 - NEGLECT CHILD - UNATTENDED CHILD IN MTR VEH CAUSE BODILY HARM - F: T

Cases Citing Statute 316.6135

Total Results: 8  |  Sort by: Relevance  |  Newest First

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State v. Sammons, 889 So. 2d 857 (Fla. 4th DCA 2004).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 2726023

...hose factors were presented to the trial court in this case. Even without those additional factors, it should be noted that the facts stipulated to by the defendant for purposes of the motion to dismiss, would appear to have supported a charge under section 316.6135, Florida Statutes (2004), a non-criminal traffic infraction....
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In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-05, 131 So. 3d 755 (Fla. 2013).

Cited 3 times | Published | Supreme Court of Florida | 2013 WL 6305187

UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving a Child
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Long v. State, 83 So. 3d 980 (Fla. 5th DCA 2012).

Published | Florida 5th District Court of Appeal | 2012 WL 966497, 2012 Fla. App. LEXIS 4570

unattended in a motor vehicle pursuant to section 316.6135, Florida Statutes (2009). In addition, Defendant
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-09., 262 So. 3d 59 (Fla. 2019).

Published | Supreme Court of Florida

UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving
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In re Stand. Jury Instructions in Crim. Cases—Report No. 2008-07, 3 So. 3d 1172 (Fla. 2009).

Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 231, 2009 Fla. LEXIS 255, 2009 WL 465822

UNATTENDED OR UNSUPERVISED IN A MOTOR VEHICLE § 316.6135, Fla. Stat. To prove the crime of Leaving a Child
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Hicks v. State, 262 So. 3d 846 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

unattended in a motor vehicle (in violation of § 316.6135(1) ). But there is no double-jeopardy violation
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Hicks v. State, 262 So. 3d 846 (Fla. 1st DCA 2018).

Published | Florida 1st District Court of Appeal

unattended in a motor vehicle (in violation of § 316.6135(1) ). But there is no double-jeopardy violation
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Scott Thomas Hicks v. State of Florida (Fla. Dist. Ct. App. 2018).

Published | District Court of Appeal of Florida

unattended in a motor vehicle (in violation of § 316.6135(1)). But there is no double-jeopardy violation

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 316 in the context of traffic and automobile accident law and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.